New Jersey Family Law OverviewNew Jersey Family Law OverviewMany people want information before seeking legal representation. We hope the following Overview of New Jersey Divorce Law will help you understand your legal rights.
ISSUES RELATING TO THE DIVORCE
PREMARITAL & COHABITATION AGREEMENTS DIVORCE - GENERAL In order to file for a divorce in New Jersey, either spouse must have been a resident of the State for at least one year prior to the filing of the action. The only exception to the one year residency requirement is when the ground for divorce is adultery. In cases of adultery the requirement is that one spouse be a resident. New Jersey recognizes eight grounds or causes for which a divorce may be granted. These causes of action are grouped under either a fault or a no-fault divorce classification. No-Fault Divorce Cause of Action Separation Back to top... Separation is New Jersey's only no-fault ground for divorce. Husband and wife must have lived separately, in different houses (and not only different rooms) for a period of at least 18 consecutive months and without a reasonable expectation of reconciliation. N.J.S.A. 2A:34-2A(d). Fault Divorce Causes of Action Extreme Cruelty Back to top... Extreme cruelty includes any physical or mental cruelty that makes it improper or unreasonable to expect the victim to cohabitate with his or her spouse. N.J.S.A. 2A:34-2(c). Adultery Back to top... The courts have held that "adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery". New Jersey Court Rule 5:4-2 requires that the plaintiff in an adultery action state the name of the person with whom the offending conduct was committed. If the name is not known, the plaintiff must give as much information as possible tending to describe the person. Desertion Back to top... Willful and continuous desertion by one party for a period of 12 or more months and adequate proof that the parties have ceased to live together as man and wife constitutes desertion under N.J.S.A. 2A:34-2(b). It is important to note that the parties may live in the same house. The crucial element here is "as man and wife". Thus, desertion may be claimed after 12 or more months of no sexual relations. Addiction Back to top... Under N.S.J.A 2A:34-2(e), addiction involves a dependence on a narcotic or other controlled, dangerous substance or a habitual drunkenness for a period of 12 or more consecutive months immediately preceding the filing of the complaint. The evidence must show that the use of alcohol and drugs was persistent and substantial. Institutionalization When one spouse has been institutionalized for mental illness for a period of 24 or more consecutive months after the marriage and prior to the filing of the complaint, institutionalization is a ground for divorce under N.J.S.A. 2A:34-2(f). The issue to be determined is whether or not the spouse is able to function as a working partner in the marriage. Imprisonment Back to top... Imprisonment as a ground for divorce occurs when a spouse has been in prison for 18 or more months after the marriage. N.J.S.A. 2A:34-2(g). The parties must not have resumed cohabitation after the imprisonment. Deviant Sexual Conduct Back to top... This is a ground for divorce upon proof that defendant/spouse has engaged in deviant sexual conduct without the consent of the plaintiff spouse. N.J.S.A. 2A:34-2(h). FILING FOR A DIVORCE - PROCEDURE Jurisdiction Back to top... The Complaint Back to top... The requirements regarding the content of the complaint are described in the New Jersey Court Rules, Rule.5:4-2, and require a statement as to the essential facts which form the basis for the petition for divorce (see above listed causes of action), the addresses of the parties, and in cases involving a child, the address, date of birth, and information as to where and with whom the child resides. In a divorce action where adultery or deviant sexual conduct is alleged, the complaint shall state the name of the person with whom such conduct was committed, if known. If not known, the complaint shall state available information tending to describe such person, including details of the time, place, and circumstances under which acts or series of acts took place. Filing Fee Back to top... A filing fee is required at the time of filing of the complaint for divorce with the court. Answer, Answer and Counterclaim or Appearance Back to top... An Answer is defendant's written response to plaintiff's Complaint in the divorce action in which he or she may admit or deny any of plaintiff's allegations of grounds for divorce and offer defenses to those allegations or grounds. In conjunction with defendant's Answer, defendant may file Counterclaims against plaintiff. A defendant is required to file the Answer and/or Counterclaim(s) within 35 days of receiving the divorce Complaint. Alternatively under R. 5:4-3(a), defendant may file an Appearance with the court, where the defendant is not disputing the claims in the complaint. Answer to Counterclaim Back to top... If the defendant files a Counterclaim, the plaintiff is permitted 20 days in which to file a response to the counterclaim. Case Information Statement (CIS) Back to top... Case Information Statements are critical in matrimonial cases and form the foundation for the financial disclosures submitted by the parties to the court. Rule 5:5-2 requires both parties to file and serve CIS's in all contested family actions where there is any issue as to custody, support, alimony or equitable distribution. The parties to the divorce action are under a continuing duty to inform the court of any changes in the information supplied on their CIS. The primary purpose of the CIS is to identify all assets and liabilities (whether subject to division or not) of the party, such as the income picture, shelter, transportation and personal expenses of that party. Each party must file their respective CIS within 20 days after the filing of the Answer or Appearance. Course of Litigation Through the Courts Back to top... Once each party has filed his or her CIS, cases are separated into one of four categories for purposes of case management: priority, complex, expedited, or standard. Alternatively, the parties may agree upon a designated track. Case Management Conferences Back to top... Within 30 days after the filing of the last pleading, the court will schedule a case management conference that may be held via telephone conference. The purpose of the case management conference is to address discovery timeliness and ultimately determine a trial date, if necessary, to be determined based upon the case's assigned track. Discovery Back to top... New Jersey Court Rule 5:5-1 allows for discovery, including interrogatories, depositions, production of documents, requests for admissions and copies of documents. Certain limitations surround discovery in family actions (including who may be deposed), which are governed by R.5:5-1 and the Rules concerning discovery under R.4:12 through 4:17. The Case Management Conference may establish when discovery will conclude. Request to Enter a Divorce by Default Back to top... Sometimes, defendant fails to file an Answer or an Appearance to the Complaint. Rule 4:43 governs the entry of default against such party. The rule requires the party requesting entry by default to make a formal written request, supported by the attorney's affidavit. The affidavit explain the manner of service of the Complaint upon the defendant, the date of service, and that all time periods in which the defendant may file a pleading have expired. The request and affidavit must be filed together within 6 months of the actual default. Notice of the request must be filed upon the defaulting party. This does not end the process if the plaintiff is seeking equitable distribution, alimony, child support, or any other relief. When the plaintiff seeks equitable distribution, alimony, child support or any other relief, a Notice of Application for Equitable Distribution pursuant to R.5:5-2 is required prior to the entry of Default. This Notice shall be filed and served upon the defendant at least 20 days prior to the hearing date and must include the following:
As a result, the moving party must still attend Court in order to obtain entry by Default. ISSUES RELATING TO THE DIVORCE Alimony - General Back to top... Alimony is defined as the allowance for support paid by one spouse to the economically dependent spouse. The amount and duration of the alimony will be based on a variety of factors and the overall purpose of the particular alimony award. The following 12 factors are listed in the alimony statute, N.J.S.A. 2A:34-23(b):
As factor #13 indicates, this list is not meant to be complete. Similarly, while the statute identifies four types of alimony, judges may carve out alimony awards that do not necessarily fit neatly into any one category. Types of Alimony in New Jersey Permanent Alimony Back to top... In contrast to all other forms of alimony recognized by statute, permanent alimony does not limit the duration of the award. Permanent alimony is intended to compensate a spouse for an economic dependence created by the marriage. Its purpose is to allow the supported spouse, after the divorce, to continue to live in the lifestyle to which he or she had been accustomed during the marriage to the degree possible. Usually, when the marriage was of long duration and economic need is also demonstrated, courts will entertain an award of permanent alimony. Rehabilitative Alimony Back to top... The main difference between rehabilitative and permanent alimony is the temporary nature of rehabilitative alimony. It is a short term award, which enables the former spouse to complete the preparation necessary to become economically capable of addressing his/her own support needs. Limited Duration Alimony Back to top... Limited duration alimony, sometimes called "term alimony" is an award of alimony of a limited time period. It is often awarded when the marriage was of short duration or where rehabilitative alimony is inapplicable but circumstances justify some award of financial support. Reimbursement Alimony Back to top... A reimbursement alimony award recognizes the financial contributions a spouse has made to the professional training or career development of the other spouse, thereby enhancing the other spouse's future earning capacity. Such contributions may consist of household expenses and educational costs. The award is usually limited in nature. Alimony pendent lite Back to top... During the course or pendency of a divorce, either party may ask the court for an award of temporary support. These awards are a means for maintaining the financial "status quo" between the parties until a full analysis of their financial affairs may be completed. By its nature, pendente lite relief is intended to be limited since it exists only so long as the litigation is pending. Other Back to top... Judges in New Jersey are not limited by the statutory categories of alimony. In the interest of a just result, they may conceive of awards that combine the various categories or are outside the statutory definition altogether. Child Support & Child Care Back to top... The following is a brief overview of WHY child support exists, WHO is able to receive child support, HOW the Courts determine the amount of support to award, and WHERE does child support come from, including what happens if the person who is required to make child support payments fails to do so. WHY: Child support reflects the continuous duty of both parents to financially support their children so that the children are not economic victims of divorce, separation, or out-of-wedlock birth. WHO: Children who are less than 18 years of age may receive child support. In instances where a child is over the age of 18 but still attends high school or another form of secondary education, the court must consider current case law and statutory law in determining whether that child is permitted to receive support. HOW: Children are entitled to be financially supported in accordance with the economic status of each parent. New Jersey, after reviewing socio-economic studies, has developed guidelines to assist the Courts in determining a fair and adequate award of child support. The guidelines are based upon estimates of what intact families spend on their children. They reflect that parents in different income categories spend a different percentage of their combined incomes toward raising their children. For example, two parents who earn $50,000 together statistically spend a lesser amount on their children than do two parents who earn $150,000. The support guidelines are set forth in the New Jersey Court Rules, 1969, Appendix IX-A. They address children whose parents' joint net annual income is below $150,800. They also take into consideration the possibility of a parent's underemployment or unemployment. In those instances, Appendix IX-A allows the court to impute income to a parent in certain situations. There is a rebuttable presumption that the amounts set forth in the guidelines are correct. Unless a party convinces the court that circumstances warrant a deviation of the guidelines-based support amount, a court will not depart from the guideline amount. Those types of circumstances must fall into one of the factors set forth in Appendix IX-A, including but not limited to parenting time and multiple family obligations. The guideline amounts already factor in various expenses for the child/children, including the child's share of expenses for housing, food, clothing, transportation, entertainment, unreimbursed health care, and miscellaneous items such as personal care products and cash contributions. Expenses that are not included in the guideline amounts are: child care, health insurance, private school, and unreimbursed health care costs. The court may, in addition to basic child support, add additional obligations upon the parties to pay for the expenses. If the parents' joint net income picture exceeds $150,800, the child support award is calculated up to that amount, considering that as the minimum child support award. Then certain additional factors specified in N.J.S.A. 2A:34-23a are evaluated to supplement the child support amount. Those factors include:
For any New Jersey court proceeding or settlement that will include an award of child support, a child support guideline worksheet must be completed. Appendix IX of the New Jersey Court Rules contains two worksheets for this purpose. One is to be used in "sole parenting" (where the non-custodial parent has less than 28% of overnight time with the child) and the other in "shared parenting" (where the non-custodial parent has 29% or more overnight time with the child and can prove that separate living accommodations for the child are provided). In a shared-parenting situation, the court considers three broad categories of expenses (fixed, variable, and controlled) and apportions those expenses to each parent in proportion to the parents' relative incomes, not in proportion to the time spent with the children. Each of these worksheets provides the court with information on the parents' overnight parenting schedule, income, alimony obligation, other child support obligations, child care costs, and health insurance costs for the child. This information is vital in determining the amount of child support a court shall award. Like alimony awards, child support may be awarded pendente lite, that is, temporarily, while the litigation is pending and until a final determination of the child support award is made by the court or by agreement. WHERE : New Jersey Court Rule 5:7-4(b) requires upon application of either party that payments of child support (as well as alimony or maintenance) be made through the Probation Division in the County where the supporting parent/spouse resides, unless the opposing party shows good cause to the contrary. Those payments include costs for health care, child care, and other expenses necessary for the maintenance of the child/children, unless good cause is shown that such payments should be separated. In all child support orders entered or modified after October 1, 1990, R. 5:7-5(b) income withholding occur. This means that a Notice will be sent to the supporting parent's/spouse's employer(s) or other source of income requiring that the amount of child support be withheld from his/her paycheck and sent to the Probation Division. If the supporting spouse/parent fails to make payments equal to the amount of at least 14 days of support, the Probation Division will initiate an income withholding for the arrears. The supporting party may contest the withholding on the basis of mistake of fact and a hearing or administrative review will be scheduled within 20 days. If the supporting spouse/parent fails to make payments equal to the amount of at least 6 months of support or court-ordered health coverage is not provided for the child within 6 months, the Probation Division will issue a Notice advising that unless the supporting party pays in full the past due child support, all licenses (driving and/or professional, including law licenses) may be revoked or suspended. The supporting party, may request a hearing within 20 days if he disputes that he is in fact the obligor. 10 WAYS TO HELP YOUR CHILD COPE WITH YOUR DECISION TO DIVORCE Your child’s life can be made easier by your actions, at the time of the divorce crisis. You should prepare your children for what lies ahead in as much concrete detail as possible. There is no way to prevent children from being distressed by your divorce; there are, however, important ways to help ease their fears and confusion.
Pediatrics have offered the following list of ways which divorced or separated parents can help ease their children’s trauma and ensure that proper parenting continues when the marriage breaks up:
Most of all, give your children lots of love and comfort during this time. Help them to adjust to a new lifestyle. When this is accomplished, your life will also take on a forward motion. SUGGESTED GUIDELINES FOR SEPARATED PARENTS As you know, your children are usually the losers when their parents separate. They are deprived of the full-time, proper guidance that two parents can give - guidance and direction essential to their moral and spiritual growth. It is highly desirable that you abstain from making unkind remarks about each other. Recognize that such remarks are not about a former spouse but are about a parent of your child. Such comments reflect adversely upon the children. It is urged that both parents cooperate to the end that mutual decisions concerning the interest of the children can be made objectively. Parents should remember that the mother who has custody should urge the children to find time to be with the father and encourage them to realize that their father has affection for them and contributes to their support. The father should recognize that his plans for visitation must be adjusted from time to time in order to accommodate the planned activities of the child. Visitation should be a pleasant experience rather than a duty. Cooperation in giving notice and promptness in maintaining hours of visitation are important to avoid ruffled feelings. Although there is probably some bitterness between you, it should not be inflicted upon your children. In every child’s mind, there must and should be an image of two good parents. Your future conduct with your children will be helpful to them if you follow these suggestions: DO NOT’S
GENERAL. A. The parent with whom the children live must prepare them both physically and mentally for the visitation. The children should be available at the time mutually agreed upon. B. If one parent has plans for the children that conflict with the visitation and these plans are in the best interests of the children, be adults and work out the problems together. C. Arrangements should be made through visitation to provide the mother with some time “away” from the family. She needs the time for relaxation and recreation. Upon her return, she will be refreshed and better prepared to resume her role as mother and head of the household. Therefore, provide for extended periods of visitation such as weekends and vacations. Child Custody/Parenting Plan Back to top... It is New Jersey's public policy to ensure that minor children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage. In any custody proceeding, the court will treat the rights of both parents as equal. See N.J.S.A. 9:2-4. Child custody is comprised of legal and physical custody. Legal custody relates to a parent's authority and responsibility for making major decisions regarding the child's health, education and welfare. Physical custody relates to the parent residing with the child and that parent's responsibility to make the routine day to day decisions concerning the care of the child. The overall principle guiding the courts in determining custody and parenting schedules is the "best interests of the child." This standard is designed to protect the safety, happiness, physical, mental and moral welfare of the child. Generally, custody arrangements fall into one of three categories: sole custody, joint legal custody or joint physical custody. Sole custody awards both the legal and physical custody to one party only. Joint legal custody, while providing for both parents to have joint responsibility for all major decisions regarding the child's health, welfare and education, will usually designate one parent as the child's principal residence and determine a parenting plan for the other parent. Joint physical custody situations are where neither party is designated as the primary custodial parent and the child resides with each parent approximately equally. A court is required to examine the following criteria in determining the child's best interests:
In addition, the court must examine the factors set forth in N.J.S.A. 9:2-4:
Generally, in New Jersey today, most custodial schedules are joint legal in nature with one parent designated as the primary custodial parent and the other parent having a parenting plan. Equitable Distribution Back to top... Equitable distribution is the process by which the courts decide how the marital property is to be divided between the parties. The theory behind equitable distribution is the recognition of the "partnership" aspect of the marital relationship. The distribution applies to all assets acquired during the marriage, including but not limited to real estate, personal property, such as furniture, photo albums, stereo equipment, as well as bank and brokerage accounts, retirement assets and business entities. Generally, New Jersey courts will undertake a three step process in making an equitable distribution: (a) identification of the property (b) valuation and (c) distribution. N.J.S.A. 2A:34-23 (h) and N.J.S.A.2A:34-23.1 are the principal statutes governing equitable distribution. They set out the factors to be considered when determining the distribution of marital assets. The statute lists 15 factors but allows the court to consider any additional factors it believes to be relevant:
When making its determination based on these factors, the court must make specific findings of fact based on the three step process mentioned above, i.e., (a) which assets are eligible for distribution, (b) their value, and (c) the manner in which they should be distributed. Generally, property will qualify for distribution when it is the result of an effort or activity by either spouse during the marriage. The assets to be distributed are usually identified, for valuation purposes, as of the date that the Complaint of Divorce is filed. Settlement Agreements Settlement agreements are strongly encouraged in New Jersey and will be given great weight by the court. Divorcing couples determine their rights and responsibilities flowing from their marriage in these agreements, including alimony and child support, custody, parenting time, debts, and distribution of property subject to division. By negotiating a settlement, the parties can make their own legally enforceable commitments while avoiding the risks and delays associated with litigation or having a court impose obligations upon them. Such agreements can be reached through meetings between the parties' attorneys, through mediation, or court-sponsored early settlement programs. When the parties enter into a settlement agreement, that agreement is made a part of the Final Judgement of Divorce and has the same effect as a judgment entered by the court as long as the settlement agreement is fair and reasonable. POST DIVORCE ISSUES Most post divorce issues that require court intervention revolve around changes in circumstances of either party or their children. When considered appropriate, New Jersey courts have recognized the need for renewed evaluation of the agreements or court orders originally incorporated into the Final Judgment of Divorce and have developed a body of law that lays out the factors to be considered when making modifications. Modifying or Terminating Alimony Back to top... A showing of changed financial circumstances by either party may justify a modification to a former spouse's financial obligation. Based on the showing of changed circumstances, an alimony award may be either increased or decreased. When changed circumstances affects the dependent party's ability to continue to maintain the standard of living provided for in the original divorce decree or agreement, an increase may be justified. Conversely, circumstances may render all or a portion of the alimony received inappropriate. The party seeking the modification must prove "changed circumstances" to the court. Generally, courts have concluded that changed circumstances such as a reduction in a party's income, the recipient spouse's cohabitation with a member of the opposite sex in a relationship akin to a marriage, increased earnings by the recipient of the alimony, and receipt of a substantial inheritance by the recipient are sufficient to re-examine alimony obligations. Remarriage of a recipient spouse will automatically terminate alimony by statute where permanent alimony was awarded N.J.S.A. 2A:34-25. Modifying or Terminating Child Support Like alimony, child support may be modified upwards or downwards by either parent if they can demonstrate changed financial circumstances. What constitutes a sufficient change in circumstances will vary from case to case. Some examples of changed circumstances are a change in the child's age resulting in an increased need for child support, a change in one parent's employment situation a parent's receipt of a large inheritance, the emancipation of a child, or changes in parenting time. Emancipation can occur upon the child's marriage, by court order, or by attainment of an appropriate age. N.J.S.A. 9:17B-3. College or Post-Secondary Education Expenses Back to top... In most circumstances, the privilege of parenthood carries with it the duty to assure a necessary education for the children. The concept of what constitutes a "necessary education" has evolved in recent years and courts in New Jersey today tend to view education beyond high school as "necessary". Thus, our courts have decided that, in general, financially capable parents should contribute to the higher education of children who are qualified students. In evaluating a party's obligation for contribution toward the cost of higher education, courts will consider the following 12 factors:
Relocation Back to top... A custodial parent with actual physical custody of the child may relocate only with the consent of the former spouse or pursuant to a court order as provided by N.J.S.A. 9:2-2. The statute preserves the rights of the non-custodial parent and child to maintain and develop their familial relationship. This mutual right of the child and the non-custodial parent is usually achieved by means of a parenting plan. Because the removal of the child from the state may seriously affect the parenting schedule of the non-custodial parent, the courts require the custodial parent to show why the move should be permitted. The custodial parent must show good faith in making the move and that the relocation will not be contrary to the child's interest. Our Supreme Court has delineated 12 factors which must be considered to determine whether the custodial parent has proven good faith and that the move will not adversely affect the child's interest:
PREMARITAL & COHABITATION AGREEMENTS A premarital agreement or antenuptial agreement may be used by a couple to determine, prior to marriage, what each party's rights and obligations will be in the event of divorce. Premarital Agreements are governed by the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31 et seq. The agreement must be in writing and have a statement of assets attached to it. It becomes effective upon the marriage of the parties. The parties to a premarital agreement may enter into agreements about the following:
A premarital agreement cannot predetermine issues relating to children, including child support, custody, or parenting time. As to enforcement of premarital agreements, there is a three-part test that must be applied by a court. If the agreement is challenged, the courts apply a three part test to determine the enforceability of a preamble agreement:
If these three items can be shown, then the burden to set aside the agreement shifts to the other side (with a higher burden of proof) and the primary focus will be on whether the agreement was "unconscionable" at time of enforcement, which the court will determine as a matter of law. DOMESTIC VIOLENCE In 1982, the Prevention of Domestic Violence Act, N.J.S.A 2C:25-17, et seq. was enacted into law to address domestic abuse and provide civil remedies for victims in the form of a restraining order. The Act addresses WHAT constitutes abuse, WHO is a protected party (meaning who can receive a restraining order), HOW to obtain a restraining order and the relief a court may grant in a restraining order, and the consequences of a party's failure to abide by the restraining order. WHAT: The Act specifies that domestic violence is the occurrence of one or more of the following:
WHO: In order to file for a restraining order, the plaintiff must have a certain relationship with the defendant. A protected person under the Act is someone who is at least 18 years old or who is an emancipated minor. The protected person must have been subjected to domestic abuse by a spouse, former spouse or any present or former household member. A protected party may be of any age if that person has a child in common or anticipates having a child in common (if one of the parties is pregnant) with the abuser. A victim of domestic violence in a dating relationship may also seek a restraining order. HOW: There are 2 steps in obtaining a restraining order.
PATERNITY Pursuant to N.J.S.A. 2A:17-56.7(b), the early establishment of paternity and child support orders creates a basis for individual security and family stability. As a result, the Parentage Act was enacted to address paternity cases N.J.S.A. 9:17-41 et seq. Paternity issues usually arises when child support is sought and the father contests that he is in fact the father of the child. The court's authority to decide matters of paternity is based upon the defendant having sexual intercourse in this State with respect to a child who may have been conceived by that act of intercourse. In addition, the defendant may be required to come to court only if service of the complaint for paternity is served on the defendant in accordance with the rules of the court. Several people can bring about or defend a paternity action at any time: a child, a legal representative of the child, the natural mother, the estate or legal representative of the mother (if the mother has died or is a minor) a man alleged or alleging himself to be the father, the estate or legal representative of the alleged father (if the alleged father has died or is a minor) the Division of Family Development in the Department of Human Services, the county welfare agency, or any person with an interest recognized as justifiable by the court. However, if the issue is raised more than 5 years after the child attains the age of majority, no such action will be permitted. Pursuant to the provisions of section 331 of Pub.L.104-193, the child and other parties in a contested paternity case shall submit to a genetic test upon the sworn request of one of the parties unless that person has good cause for refusal. The sworn statement by the requesting party must allege paternity and set forth the facts establishing a reasonable possibility of the required sexual contact between the parties. In the case of sworn refusal, the refusing party must deny paternity and set forth the facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties:
A presumption in favor of paternity under this section may be rebutted by the presumed father in an appropriate action only by "clear and convincing" evidence, such that there exists a court order terminating the presumed father's paternal rights or that another man is the child's biological or adoptive father. In contested matters, a consent conference shall be held by the Superior Court, Chancery Division, Family Part intake service; the Probation Division; or the county welfare agency to determine if the matter may be resolved prior to trial. A trial in which witnesses and experts may testify and blood tests may be introduced will take place. Since 1998, trials by jury are no longer permitted in paternity matters. N.J.S.A. 9:17-49(b) Our attorneys serve clients in communities such as Millburn, Bedminster, Short Hills, Bernardsville, Holmdel, Rumson, Verona, Livingston, Morristown, West Windsor, Princeton, Far Hills, Mendham, Basking Ridge, North Caldwell, Westfield, Mountainside, Springfield, Chatham, Summit, Watchung, Warren, Bridgewater, and Madison. Somerset County • Essex County • Bergen County • Hunterdon County • Union County • Middlesex County • Mercer County • Monmouth County • Morris County |
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