Divorce FAQs

How long will it take to get a divorce?

Although this is one of the most frequently asked questions by clients contemplating divorce, it is also one of the most difficult to answer. Once the divorcing parties reach an agreement as to all of the issues in their case, an uncontested divorce hearing can usually be scheduled within a matter of weeks. Of course, it some divorces the parties can reach a settlement in a very short period of time; in other cases, the process can last for months to over a year.

How much will a divorce cost?

The cost of a divorce will ultimately depend upon the number of hours the attorney must spend representing his client. Representation may take the form of attending Court appearances, drafting legal pleadings, required financial disclosure documents, motions, letters, and telephone calls with both the client and the opposing attorney. It is therefore usually impossible for an attorney to inform the client at the start of the case how much his or her legal fees will ultimately amount to.

What are the grounds for divorce in New Jersey?

Although there are 9 different grounds for divorce in New Jersey, the most frequently cited grounds for divorce include (1) irreconcilable differences lasting at least six months; (2) 18 months of continuous separation; and (3) extreme cruelty.

What happens if we cannot reach a settlement?

If a settlement cannot be reached, the case will ultimately be scheduled for trial before a Superior Court judge. The judge will make determinations as to all unresolved issues including equitable distribution, custody and visitation, and child support and alimony.

Is it better to settle my case or go to trial?

While this depends upon the unique facts and circumstances of your individual case, the vast majority of New Jersey divorce cases are ultimately resolved through settlement rather than trial, and the Family Court system itself is designed to encourage settlement rather than litigation.

Will I have to pay alimony or am I entitled to receive alimony?

Like so many divorce related issues, one's entitlement to alimony depends on the unique facts and circumstances of their particular case. New Jersey's alimony statute, N.J.S.A. 2A:34-23, sets forth 12 non-exclusive factors for the court to consider in determining an appropriate alimony award. Some of these factors include the need and ability of the parties to pay alimony; the length of the marriage; the age and health of the parties; the standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living. In addition to the 12 non-exclusive alimony factors, the court may consider any other factors it deems relevant.

Are there different kinds of alimony?

Yes. New Jersey has four different kinds of alimony- limited duration, rehabilitative, reimbursement, and permanent. These four different kinds of alimony can be awarded individually or in any combination as warranted by the circumstances of the parties.

Contact experienced divorce lawyer in New Jersey, Jeffrey R. Brown to represent and guide you through this difficult time.

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