Frequently Asked Questions

It all depends on your financial situation and that of your ex. The court and/or your attorneys will look at your current financial standing, your earning ability, your standard of living, expected expenses, the size of your family, where you live, how long you were married, and several other factors before finalizing an alimony figureContinue reading “How much can I get in alimony?”

An attorney cannot say with certainty how long any divorce matter might take. The length of time it takes to get a divorce often depends on things like whether or not the divorce is contested, whether or not the spouses have reached a settlement agreement, and how hard it is for them to agree onContinue reading “How long does a divorce take?”

In New Jersey and New York, some of the fault-based grounds for divorce include adultery, extreme physical or mental cruelty, habitual drunkenness/drug use, desertion, and imprisonment/institutionalization.

No. In New York and New Jersey, couples can get a divorce for “no reason” or because their marriage has broken down irreparably or because they can’t get along. Before filing for a no-fault divorce, the couple must have been separated for at least six months or their marriage must have broken down in aContinue reading “Do I need a reason to get a divorce?”

Child support typically ends when a child reaches the age of majority at 18, or sooner if a child is declared legally emancipated by the court. However, courts may order continued child support after a child turns 18, especially in cases where there is an agreement between the parents to pay for some or allContinue reading “When does child support end?”

Yes. Either parent may petition to modify a child support order, including both decreasing and increasing a parent’s obligation amount. The court may order modification or even termination of child support upon a showing of changed circumstances, such as when the paying parent experiences a substantial decrease or increase in income or earning capacity, orContinue reading “Can child support orders be modified?”

Even where parents enjoy roughly equal custody, courts can still order child support to be paid to the parent of primary residence if that parent incurs more of the child’s expenses, such as providing health insurance coverage or paying for school supplies. However, in deciding child support, courts will factor in the fact that aContinue reading “Do courts order child support if the parents have joint physical custody?”

One of the factors that courts may consider when deciding on child custody is the reasonable preferences of the child. To consider a child’s preference, the court must first find that the child is old enough and mature enough to be capable of expressing a reasoned preference. But a child’s preference is only one ofContinue reading “Can my children decide who they get to live with?”

No. In New York and New Jersey, courts make custody and parenting time determinations in a gender-neutral fashion. Custody orders are not based on the gender of either the parent or the child.

If you and your ex can reach an agreement regarding custody and parenting time, you legally do not need to involve the court with your family’s custody arrangement. However, if you and your ex can reach a child custody settlement, it may be advisable to file your agreement with the court to turn it intoContinue reading “Do we need to go to court if we agree about child custody?”