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Q. What is the most common ground for divorce in New Jersey?
A. Most people utilize the cause of action known as (irreconcilable
differences). This means that the parties have experienced irreconcilable
differences which have caused the breakdown of the marriage for a period of six
months and which make it appear that the marriage should be dissolved and that
there is no reasonable prospect of reconciliation. If this cause of action is
utilized, there is no need to prove that one party or the other was at fault.
Q. How is child support calculated?
A. Most people have income levels which fall within the New Jersey Child Support
Guidelines. The Guidelines set forth a methodology for determining support. By
utilizing the chart and reading the comments, each party(s obligation for child
support can be established. In those cases where the income level exceeds the
Guidelines, the Court can look to other factors, over and above the Guideline
amount, as set forth in a statute.
Q. Is alimony calculated the same way.
A. No. The criteria used to establish alimony is set forth in N.J. S.A.
2A:34-23b which include such items, among others, as the length of the
marriage, the health of the parties, the standard of living established during
the marriage, the parties educational background and the earning capacity of
the parties.
Q. How much does a divorce cost?
A. There is no set amount to process a contested divorce case. Most experienced
divorce attorneys have a retainer and are paid an hourly rate based on their
skill level and experience. It is often worthwhile to interview prospective
counsel since you need to be sure that there is a good "fit".
Joseph M. Weinberg has over 40 years of experience handling matrimonial cases
and dealing with issues including alimony, child support, equitable
distribution, custody, visitation (shared parenting time), relocation of
children out-of-state, domestic violence, civil union dissolution, legal
separation (divorce from bed and board), modification of prior divorce decrees
or support orders and premarital agreements. He is available to assist you if
you have a matter involving domestic violence.
You can contact Mr. Weinberg at jweinberg@jmwnjlaw.com or 856.795.9400 for an
appointment.
Q. If alimony is warranted, how long is alimony payable?
A. It depends on the unique factors of each case. There are various types of
alimony including permanent alimony, limited duration alimony, rehabilitative
alimony and reimbursement alimony.
Q. Is all property, both real and personal, equally divided in a divorce?
A. Often times, the circumstances of the marriage result in an equal division of
property. However, if property was acquired before marriage, gifted or obtained
as a result of a bequest, it may be exempt from equitable distribution. There
are also other situations where the circumstances of the marriage may dictate
other than an equal division of assets.
Q. How long does it take to get a divorce?
A. The length of time required to process a divorce is directly related to the
ability of the parties to reach an agreement. If the parties have reached an
agreement prior to filing the Complaint, the divorce can be accomplished within
a matter of a few months. If the parties cannot agree, and the case goes to
trial, depending on the County in which the case is venued, the case could not
reach trial for up to a year.
