Family Law Frequently Asked Questions
Jan. 7, 2025
Managing family law issues can be challenging, and having clear answers to common questions can make the process less intimidating. Whether you are going through a divorce, dealing with child custody disputes, or seeking protection from domestic violence, understanding the legal processes and your rights under family law is crucial.
Below, you’ll find answers to frequently asked questions about these key areas of family law to help you better understand your rights and responsibilities. Schwartz, Hanna, Olsen & Taus, P.C., located in Metuchen, New Jersey, is here to help.
Divorce FAQs
What Are the Grounds for Divorce in New Jersey?
New Jersey allows for both fault-based and no-fault divorce. In a no-fault divorce, you can cite irreconcilable differences that have lasted at least six months, or you can separate for at least 18 months. Fault-based grounds include adultery, abandonment, extreme cruelty, drug or alcohol addiction, and imprisonment.
How Long Does It Take To Get Divorced in New Jersey?
The timeline depends on factors such as whether the divorce is contested or uncontested. An uncontested divorce, where both parties agree on all issues, can take as little as three to six months, according to New Jersey Courts. A contested divorce may take a year or more, depending on the intricacy of the disputes.
What Happens if My Spouse Refuses to Sign the Divorce Papers?
If your spouse refuses to sign the divorce papers, the court can still grant the divorce. This is known as a default divorce, which occurs when one party fails to respond to the divorce filing. However, you must make sure all procedural requirements are met, such as proper notification.
Can We Use Mediation Instead of Going to Court?
Yes, mediation is an alternative dispute resolution method that can help couples reach agreements on divorce issues without going to court. It is often faster, less expensive, and less adversarial than traditional litigation.
Child Custody FAQs
What Are the Types of Child Custody in New Jersey?
There are two types of custody: legal and physical. Legal custody involves decision-making authority over the child's upbringing, while physical custody refers to where the child resides. Parents may share joint custody, or one parent may have sole custody.
How Does the Court Determine Custody Arrangements?
The court prioritizes the child's best interests, considering factors such as the child's relationship with each parent, the stability of each parent's home, the child's needs, and each parent's ability to meet those needs. Courts also consider the child's preference if they are mature enough to express one.
Can Custody Arrangements Be Modified?
Yes, custody arrangements can be modified if there’s a significant change in circumstances, such as a parent relocating, changes in a parent's ability to provide care, or the child's needs evolving over time.
What Happens if One Parent Violates a Custody Order?
If a parent violates a custody order, the other parent can file a motion with the court to enforce the order. Violations may result in penalties, including fines, modifications to custody arrangements, or contempt of court charges.
How Can I Prepare for a Custody Hearing?
To prepare for a custody hearing, gather evidence that demonstrates your ability to care for your child. This may include financial records, a parenting plan, proof of involvement in your child's life, and any evidence of the other parent's inability to meet the child's needs. Working with an experienced family law attorney can also improve your chances of success.
Child Support FAQs
How Is Child Support Calculated in New Jersey?
Child support is determined using state guidelines that consider both parents' incomes, the number of children, custody arrangements, and the child's needs. Factors such as childcare costs, medical expenses, and educational expenses are also included.
How Long Does Child Support Last?
In New Jersey, child support typically continues until the child turns 19. However, it may be extended if the child is still in school, has special needs, or other exceptional circumstances apply.
Can Child Support Orders Be Modified?
Yes, child support orders can be modified if there’s a substantial change in circumstances, such as a job loss, a significant increase in income, or changes in the child's financial needs.
What Happens if a Parent Fails to Pay Child Support?
Failure to pay child support can result in serious consequences, including wage garnishment, seizure of tax refunds, suspension of driver's or professional licenses, and even jail time. The state has enforcement measures to confirm compliance.
Can Child Support Be Enforced Across State Lines?
Yes, under the Uniform Interstate Family Support Act (UIFSA), child support orders can be enforced across state lines. This assures that noncustodial parents who move out of state are still obligated to meet their financial responsibilities.
Spousal Support FAQs
What Are the Different Types of Spousal Support in New Jersey?
New Jersey recognizes four types of spousal support. They are:
Temporary support: Awarded during divorce proceedings.
Open durational alimony: For marriages lasting over 20 years, with no predetermined end date.
Limited duration alimony: For shorter marriages, with payments ending after a set period.
Rehabilitative alimony: Designed to help a spouse become financially independent, such as by covering education or training costs.
How Is Spousal Support Determined?
Courts consider factors such as the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and each spouse's financial needs and obligations.
Can Spousal Support Be Modified?
Yes, spousal support can be modified if there’s a significant change in circumstances, such as a substantial change in income, cohabitation of the recipient with a new partner, or retirement.
What if the Paying Spouse Fails to Meet Their Spousal Support Obligations?
If a spouse fails to pay spousal support, the recipient can seek enforcement through the court. This may involve wage garnishment, liens on property, or even contempt of court proceedings.
Can Spousal Support End Before the Agreed-Upon Term?
Yes, spousal support can end earlier than agreed if specific conditions are met, such as the recipient remarrying or cohabiting with a new partner, or if a court determines that continued payments are no longer necessary.
Domestic Violence FAQs
What Constitutes Domestic Violence in New Jersey?
Domestic violence includes acts such as physical abuse, sexual assault, harassment, stalking, and threats made against a spouse, partner, or family member. The New Jersey Prevention of Domestic Violence Act protects victims and provides remedies.
How Can I Obtain a Restraining Order?
Victims of domestic violence can seek a temporary restraining order (TRO) by filing a complaint with the court or contacting law enforcement. After a hearing, the court may issue a final restraining order (FRO) if the evidence supports the victim's claims.
What Protections Does a Restraining Order Provide?
A restraining order may prohibit the abuser from contacting the victim, grant the victim exclusive possession of a shared residence, award temporary custody of children, and mandate counseling or financial support.
What Resources Are Available for Domestic Violence Victims?
Victims can access resources such as shelters, counseling services, and legal aid. Organizations like the New Jersey Coalition to End Domestic Violence provide assistance, including emergency housing and support hotlines.
Prenuptial Agreements FAQs
What Is a Prenuptial Agreement, and Why Should I Consider One?
A prenuptial agreement is a legal contract entered into before marriage that outlines how assets, debts, and other financial matters will be handled in the event of divorce or death. It can help protect individual assets, define financial responsibilities, and avoid future disputes.
Can a Prenuptial Agreement Be Challenged?
Yes, a prenuptial agreement can be challenged if it was signed under duress, is unconscionable, or lacks full financial disclosure. Courts may also invalidate provisions that are unfair or contrary to public policy.
Can a Prenuptial Agreement Include Terms About Child Custody or Support?
No, prenuptial agreements can’t predetermine child custody or support arrangements. These matters are decided based on the child's best interests at the time of divorce.
Reach Out for Professional Legal Assistance
Working through family law issues in New Jersey requires an understanding of your rights and options. Turn to Schwartz, Hanna, Olsen & Taus, P.C. for your family law matters.
We serve Metuchen, New Jersey as well as Middlesex County, Somerset County, Morris County, Essex County, Passaic County, Bergen County, Sussex County, and Hunterdon County in New Jersey. Call today to get started.