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Family Law & Divorce
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What is the process of divorce in New Jersey?
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.
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Do I have to show up to court for an uncontested divorce?
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 Court room, 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.
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Do prenups ruin relationships?
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.
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What to do if you want a divorce but can't afford it?This is a common problem. Many marriages have only one breadwinner, and that means divorce becomes a scary prospect for the other spouse. Pendente Lite support (support given to a spouse during the divorce case) is one way you can obtain financial stability in the interim period. In New Jersey, there are four types of alimony payments designed to help the financially dependent spouse adapt to single life. These payments range from months to a lifetime of payments, depending on a multitude of factors outlined in New Jersey law. A skilled attorney can help you obtain the support you need so that you are able to meet your expenses after your marriage is over.
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How long does alimony last in New Jersey?This will depend on whether or not your alimony payments are open durational or limited. Limited payments have a set expiration date from when they begin, while open durational alimony can only end once there is a significant change in circumstances, such as retirement or loss of income.
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How Is Child Support Calculated In New Jersey?No parent should have to raise a child alone. New Jersey allows custodial parents to obtain the child support payments they need to give their child or children a healthy, productive life. Child support payments are calculated by a formula in New Jersey taking into account the incomes of the parties, any mandatory deductions, the amount of overnights each party has with the child / children, the number of children in the family, healthcare costs and work-related childcare. The balance is then paid to the custodial parent. Rozin | Golinder Law can help you know what to expect with your child support payments and set yourself up for the best possible outcome for your situation.
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Can a custodial parent move a child out of state?Not without a lot of paperwork. The only way to move your child out of state is with the express of the other parent or permission of the court. While this can be inconvenient, a violation of this requirement could put you at risk of violating the Parental Kidnapping Prevention Act. Your lawyer can help you petition for relocation.
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How a Lawyer Can Help You With Your Family Law CaseOur firm takes a personalized approach to each case. Whether you are in dire financial straits or your divorce involves high-value assets, Rozin | Golinder Law takes the time to understand your goals and needs before offering a solution. While we are happy to litigate your divorce in court, doing so may not always be the best solution. In some cases you will want to mediate or arbitrate your divorce and avoid the stress of court. In any case, we are committed to making sure your needs are met and that you can obtain the best possible outcome for your situation. We are ready to fight for you and what you hold dear.
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Does Rozin | Golinder Law offer free consultations?Yes. If you are considering a legal solution to your family’s problem, call our firm and schedule your initial consultation with us. During this time, we can help you better understand what to expect and how to prepare. Many clients don’t know the time and effort required to successfully dissolve a relationship, so a consultation can be an excellent way to get a thorough picture and begin planning.
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Other Common Questions
- What are the steps of a divorce process?
- What is the difference between a divorce and annulment?
- How much will I receive or pay in alimony?
- What type of custody and parenting time arrangement can I expect?
- Where do I turn if I feel that I am in danger?
- Can I move out of state with my child?
- Do I need a prenuptial agreement?
- What are my rights as a grandparent?
- How can I change the terms of my divorce agreement?
- Why should I hire your firm?
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