Contact an Experienced New Jersey Family Law and Divorce Lawyer at Lyons & Associates, P.C.
To discuss how Lyons & Associates, P.C., can help with your family law case, please speak with Terry Lyons or one of our other experienced New Jersey family law and divorce lawyers. Call us at 908-575-9777 or contact us online to schedule a free consultation. Located in Somerville, Morristown, and Freehold, New Jersey, we proudly assist clients throughout Basking Ridge, Bedminster, Bridgewater, Mendham, Morristown, Somerset, Somerville, South Plainfield, Woodbridge, and Somerset County, Morris County, Monmouth County, and Union County.
Frequently Asked Questions About Family Law and Divorce in NJ
How long does a divorce take in New Jersey?
It differs between every case and County, but is largely dependent upon on whether the divorce is contested or uncontested. Some cases, with cooperation of the parties, can resolve in a few months, while more complex matters involving custody, assets, or disputes can take a year or longer.
What is the difference between contested and uncontested divorce?
An uncontested divorce means both parties agree on major issues like custody, support, and property division. A contested divorce involves disagreements that require negotiation, mediation, or court intervention.
How is child custody decided in New Jersey?
New Jersey courts are guided by the “best interests of the child” standard as the primary principle for all custody and parenting time decisions. By conducting an analysis of the statutory factors under N.J.S.A. 9:2-4, which include but are not limited to, parental cooperation, needs of the child, safety from abuse, and child preference, courts prioritize the child’s safety and wellbeing. pa, stability, communication, and the child’s needs. While State public policy favors a child having a relationship with both parents, the recent amendment to N.J.S.A. 9:2-4 emphases that frequent contact with both parents is encouraged when it serves the child’s best interests.
How is alimony calculated in New Jersey?
Alimony is based on multiple factors, including income, earning capacity, length of the marriage, standard of living, and financial needs. There is no strict formula, which makes legal guidance by an experienced matrimonial attorney important.
What happens to property during a divorce in New Jersey?
New Jersey is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, upon divorce. Marital property is property acquired during the marriage, including real property such as homes or land, retirement accounts or pensions, businesses, or other shared assets or debts. In making a determination on the equitable distribution of property, courts are guided by the factors enumerated in N.J.S.A. 2A:34-23.1.
Can child support or custody orders be changed after divorce?
Yes. Post-divorce modifications of child support and/or custody are common when there is a significant change in circumstances, such as income changes, relocation, or changes in a child’s needs.
Do I have to go to court for a divorce in New Jersey?
Yes. Not all cases require every level of court process to be utilized before reaching a resolution. Many cases are resolved through negotiation or mediation, without extensive judicial intervention However, if private agreements cannot be reached, court involvement will become necessary to decide legal issues.
What is mediation in a New Jersey divorce?
Mediation is a process where both parties work with a neutral third party to resolve disputes outside of court. It can save time, reduce costs, and lead to more flexible agreements. The terms agreed upon at mediation can be incorporated into a parties’ final settlement agreement and divorce decree.
What rights do fathers have in New Jersey family law cases?
Fathers have equal rights under New Jersey law. Courts do not automatically favor one parent over the other and focus on what arrangement serves the child’s best interests.
Do I need a lawyer for a family law or divorce case in New Jersey?
While not legally required, having an experienced family law attorney is critical. Divorce and family law cases involve complex financial, legal, and custody issues that can have long-term consequences if handled incorrectly.
