FAQ

In New Jersey, probate is the legal process of verifying a will and administering the deceased's estate. It starts with filing the will with the Surrogate's Court in the county where the deceased person lived. If the will is deemed valid, an executor is appointed to distribute the decedent's assets according to the will's instructions. The process ensures that debts and taxes are paid before beneficiaries receive their inheritance.

Probate proceedings can often be avoided if the deceased had a living trust, as assets placed within the trust are not subject to probate. Rozin | Golinder Law advises clients on strategies to minimize the impact of probate, ensuring a smoother transition of assets and reducing unnecessary legal hurdles for beneficiaries.

Understanding estate taxes is crucial for effective planning in New Jersey. As of the latest regulations, the state does not impose an estate tax, but the federal estate tax might still apply if the estate's value exceeds the federal threshold. However, New Jersey does have an inheritance tax, which varies based on the beneficiary's relationship to the decedent. Immediate family members often have exemptions or lower rates, while distant relatives or friends face higher tax rates.

Rozin | Golinder Law provides insights on minimizing tax liabilities through strategic planning. Our team offers tailored advice to clients, factoring in their specific relationships and assets, ensuring their estate plans are both tax-efficient and aligned with personal legacies.

An effective estate plan typically includes several essential documents: a will, which directs asset distribution; trusts, which specify conditions for asset management; durable powers of attorney, which appoints someone to manage legal and financial matters if you're incapacitated; and healthcare directives, which outline your healthcare preferences and appoint a decision-maker in medical situations.

Hiring a knowledgeable attorney is advisable to ensure these documents comply with New Jersey laws and effectively advocate your wishes. At Rozin | Golinder Law, we ensure each document is meticulously crafted, empowering you with confidence and control over your estate and personal affairs.

Life changes such as marriage, divorce, birth of children, or significant asset purchase can greatly affect your estate planning needs. Regular updates ensure the plan reflects your current situation and intentions. Neglecting updates may lead to unintended distributions or overlooked wishes, potentially causing distress to beneficiaries.

At Rozin | Golinder Law, we stress the importance of periodic reviews of estate plans to adapt to changing circumstances or legislation. This proactive approach ensures that your legacy is preserved according to your evolving vision and that transition to beneficiaries is seamless and aligned with your desires and values.

A revocable trust is a flexible estate planning tool allowing the grantor to retain control over assets during their lifetime. It provides continuity upon incapacity or death, as the designated successor trustee can immediately manage or distribute assets without probate, ensuring a smooth transition. Additionally, it maintains privacy, as trust details remain outside public records, unlike a will.

Rozin | Golinder Law assists clients in setting up revocable trusts to align with their estate planning goals, offering peace of mind and security in asset management. Our personalized approach ensures that these trusts maximize benefits, reflecting clients' unique financial and personal circumstances.

Couples or co-parents who want more control over decisions about their assets, finances, or parenting plans—rather than relying on a Judge—are prime candidates for mediation. Even in contentious situations, a skilled mediator can help foster dialogue and compromise if both parties are open to solutions..

Mediation sessions themselves are non-binding, but if you reach an agreement and sign a formal settlement document, it can become legally enforceable. In divorce matters, courts often approve and incorporate the mediated agreement into a final judgment.

While not mandatory, it is often wise to consult your own attorney—especially in divorce cases involving significant property or complex financial situations. An attorney can review any proposed settlement and ensure it serves your long-term interests.

Many people opt for mediation precisely because communication has become strained. A skilled mediator creates a structured environment that fosters constructive dialogue. If discussions stall, the mediator can speak to each party separately or try other techniques to break impasses.

Issues like parenting schedules, decision-making authority, and child support are often central to family mediation. The mediator helps parents develop a balanced plan that protects the child’s best interests while accounting for each parent’s circumstances.

Mediation is typically voluntary unless mandated by the court. If your spouse outright refuses to participate, you may have to proceed with litigation or consider other forms of alternative dispute resolution. However, many Judges in New Jersey expect couples to at least attempt mediation before scheduling a trial.

Many custody arrangements are reached through private negotiation or mediation. If both parents can agree on a plan that serves the child’s best interests, the court will typically approve it without requiring a formal hearing.

While a child’s preference may be considered, it is just one of many factors the court examines. The court also evaluates the child’s age, maturity, and reasons for preferring one parent over the other. Ultimately, the judge’s decision hinges on the child’s best interests.

Domestic violence is taken very seriously by New Jersey courts. Verified allegations of abuse can restrict or even terminate a parent’s custody or visitation rights, depending on the severity of the situation. The court’s primary goal is to ensure the child’s safety.

If you believe your child is in immediate danger, contact the authorities and seek legal help. You can request an emergency hearing to address the safety issues. Our Middlesex County attorneys can guide you through gathering evidence, filing restraining orders, and pursuing any necessary modifications to your existing custody plan.

Generally, only one parent may claim the child as a dependent for tax purposes in a given year. If you share custody, you may alternate years or work out an arrangement in your parenting plan. It’s best to consult a tax professional for personalized guidance on your situation.

The timeline varies. An uncontested divorce can wrap up in as little as a few months, whereas a hotly contested case may lasts six months to one year – on average. Factors such as the complexity of assets, child custody disputes, and cooperation between spouses can impact the overall timeframe.

Costs depend on the complexity of your case, attorney fees, and whether you can settle outside of court. High-asset or contentious cases typically require more legal work (e.g., discovery, expert witnesses), which can increase expenses. During your initial consultation, we’ll discuss fee structures and potential costs to help you budget accordingly. We also offer financing and accept credit cards if that’s helpful or necessary.

New Jersey does not require both parties to consent to a divorce. If your spouse refuses to cooperate, you can still proceed under no-fault or fault grounds. The court may grant a default judgment if the non-filing spouse fails to respond. Simply put, they can’t force you to stay married to them.

If you or your spouse has lived in New Jersey for at least one year—and you meet the statutory grounds, such as irreconcilable differences—you are eligible to file. Speak to a lawyer if you have questions about residency or any special circumstances (e.g., military deployment).

Yes. Many couples (actually most) settle all issues through negotiation, mediation, or collaborative divorce. If you reach an agreement on every aspect of your case (property division, alimony, child custody, and support), you can proceed without a trial.

If you and your spouse agree on all key issues—like property division, child custody, and support—you can pursue an uncontested divorce. This generally means a faster and more cost-effective process. Even in an uncontested case, it’s wise to consult an attorney to ensure your agreement meets all legal standards and fully protects your rights before filing with the court.

While it is not a legal requirement to file for divorce with an attorney, having legal counsel is highly recommended—especially in cases involving substantial assets, complex custody disputes, or spousal support. Do it once and do it right. A skilled lawyer ensures your rights are protected, reducing stress and giving you confidence in your final divorce settlement.

Our firm proudly serves clients throughout Central New Jersey. Our Middlesex County office is located in East Brunswick at:

197 Route 18 South
Suite 303N
East Brunswick, NJ 08816

Costs can vary depending on the complexity of your case, the amount of negotiation or litigation required, and other unique factors. Many family law attorneys work on an hourly basis, often requiring an initial retainer fee. During your consultation, we will provide a clear breakdown of potential legal fees and expenses so you can make an informed decision about how to proceed.

Hiring a family lawyer for your matter is an important decision. When vetting potential attorneys, consider their:

• Experience and Focus: Seek an attorney or firm that dedicates their practice to family law. At Rozin | Golinder Law, we’ve built our practice representing clients in these types of cases and have a team of attorneys who focus exclusively on family law.
• Personalized Approach: Every family situation is different; your lawyer should customize their strategy to your specific needs, circumstances, and goals. Don’t settle for a one-size-fits-all approach.
• Solid Reputation: Check for client testimonials and professional recognitions that indicate a strong track record in family law.
• Communication: You want an attorney who is responsive, keeps you informed, and addresses your questions in a timely manner.

While it is possible to represent yourself, hiring an experienced family law attorney is highly recommended. Family law involves complex legal procedures and critical decisions that can impact your family, finances, and future. An attorney helps protect your rights, advises you on strategy, and negotiates or litigates effectively on your behalf.

Yes. We have a Certified Mediator on staff with over 25 years of family law experience. Mediation can help couples reach amicable resolutions for issues such as custody and support without the stress and expense of litigation. It’s often a more private process and can promote healthier post-divorce relationships, especially when children are involved.

To speak with one of our dedicated attorneys, simply call our office at (732) 810-0034">(732) 810-0034 or use our online contact form. We will schedule a free confidential consultation to learn more about your situation, discuss potential strategies, and outline the next steps in your case.

It’s important to understand what you will be required to provide your spouse and the Court with during your divorce.

There are many forms you will need to file, and while there are resources to help you, you can save time and headache by working with a qualified lawyer.

No. There are other alternative dispute resolution methods available to help you and your spouse come to an agreement outside the courtroom. By taking advantage of these methods, you can avoid the pain, time requirements, and high costs of the legal fees associated with a courtroom divorce.

These alternative dispute resolution methods include:

• Arbitration: With the use of an experienced arbitrator, you and your spouse will declare your interests to a neutral third party whose job is to ensure both spouses’ assets are protected equally. This impartial third party will do their best to hear both sides and make equitable decisions. Keep in mind that arbitration, while not taking place in a courtroom, usually follows similar procedure to divorces that result in a trial; thus having a lawyer can make a huge difference in whether or not your interests are protected.
• Mediation: A mediator is a third party who helps both spouses come to an agreement by offering counsel and relaying settlement positions between the parties. If you and your spouse are not interested in speaking, you can use a lawyer to communicate with the mediator and protect your interests that way.

In either case, your lawyer will be able to help you make wise decisions for your future. By putting the right pieces in place early on, you can avoid some of the mistakes many people make when protecting their assets.

No. Couples who enter into a prenuptial agreement before marriage often put important matters on the table right away, rather than later on after the honeymoon phase is over. By identifying shared vs. individual property before taking your vows, you can avoid the stress and emotional strain that occur when two people end up living no so happily every after.

Remember, you can always dissolve a prenuptial agreement if you don’t think you need it anymore. It’s never a mistake to prepare for the worst, and having that peace of mind can benefit the strength of your relationship with your spouse.

1. What are the steps of the divorce process?
2. What is the difference between a divorce and annulment?
3. How much will I receive or pay in alimony?
4. What type of custody and parenting time arrangement can I expect?
5. Where do I turn if I feel that I am in danger?
6. Can I move out of state with my child?
7. Do I need a prenuptial agreement?
8. What are my rights as a grandparent?
9. How can I change the terms of my divorce agreement?
10. Why should I hire your firm?