Frequently Asked Questions About Divorce
There are more questions than answers when marriages end. The attorneys at Diamond & Diamond, P.A., are prepared to guide you through every aspect of your divorce and answer any question along the way. These are some of the most common questions we receive from our clients.
How will our property be divided?
The assets, property and debt you and your spouse acquired during your marriage are considered “marital property”. Equitable distribution in New Jersey requires that your marital property be divided fairly between the two of you, though not necessarily evenly.
How is alimony calculated?
A spouse may need financial support after or during divorce. Alimony is meant to provide them the funds they need to maintain their lifestyle. There are several types of alimony, but key factors in determining how much an individual will receive include the requesting spouse’s parental responsibilities, their age and physical conditions and the duration of the marriage.
Will I receive child custody?
Child custody comes in two forms: physical custody, where the child spends their time, and legal custody, who has legal decision-making power for the child. New Jersey courts are most concerned with what is in the best interests for the child when determining both types of custody. Home environment, parents’ employment, criminal records and many other factors will be taken into consideration.
What determines child support?
There are several variables at play when calculating child support: net incomes of the custodial and noncustodial parents, alimony and health insurance costs are major factors, as well as who the children live with and who their primary caregiver is.
Can I stop my ex-spouse from seeing the kids if they stop paying child support?
No. Child custody and child support are completely different issues. If your ex-spouse stops providing financial support for your child, you will need to resolve the problem in court.
How long will the divorce take?
No divorce in New Jersey should take more than 12 months, as mandated by the courts. If you and your spouse agree to a no-fault divorce, it can be over in less than two months. Extremely complex divorce cases can sometimes take over a year. These are extenuating circumstances, however.