Answers To Urgent Divorce Questions
At Diamond & Diamond, P.A., we know that when it comes to divorce you need answers now. We’ve compiled this list of the commonly asked New Jersey divorce questions.
If you don’t find the information you’re looking for here, feel free to call our office and speak with an attorney who can provide clear answers. We are intimately familiar with every aspect of New Jersey divorce issues. Call 973-921-7407.
How can I afford divorce?
The fastest and most cost-effective way to divorce is to pick your battles. Whenever possible, reach an agreement with your ex. Whenever a settlement can be made outside of court, both time and money are saved. We understand that in some cases settlement is not possible. When litigation is necessary, we will aggressively fight to protect and preserve your rights.
Who gets the house?
This is often the second most urgent question in regard to divorce. Since New Jersey is an equitable distribution state, the marital property isn’t divided 50-50. This means each situation is different, and the house will be split in a way that is “equitable” or most fair given the circumstances. In rare cases, the house is in one spouse’s name and is determined to be separate, not marital, property. If this is the case then the house will stay with the spouse who owns it and who entered the marriage as the sole owner of the home. If the home was purchased during the marriage, it is very likely that it would count as marital property. If one spouse is awarded the house and it is marital property, then the other spouse is likely to receive other marital assets of equal or similar value.
How can I get my ex to pay child support?
It is unfortunate but there are parents who for one reason or another do not pay their share of the support. When this happens, you have options. The first option is to file an application with the court. This filing is to request that payments of child support are from this point forward paid through the probation department. You will also want to have the court “reduce to judgment” all outstanding and unpaid child support. This will then add what is already owed. If your ex does not pay what is owed your ex’s wages will be garnished or taken before the wages are paid to your ex. This should solve the issue. An attorney can help you with this if you should desire guidance.
How does custody work in New Jersey?
In most cases, both parents will share both physical custody and legal custody. Shared physical custody means the child will spend close to equal time with each parent and spend nights at each home. Shared legal custody means that each parent is involved in making major decisions for the child. These decisions are often about what type of health care the child will receive, what the religion of the child will be and what type of education the child will receive. Related to custody are spousal and child support (the less parenting one does, the more one pays, typically) and parenting plans.
Who qualifies for spousal support?
There are many types of spousal support (also called alimony). Depending upon your specific circumstances, the income each spouse makes, parental responsibilities, employability and other factors, you may qualify for temporary alimony, limited duration alimony, rehabilitative alimony, reimbursement alimony or permanent alimony. Fault and domestic violence do not typically affect support payments. However, Mr. Diamond is one of the select accredited mediators in New Jersey who is authorized to handle economic mediation in matters when there is an active domestic violence restraining order.
Get Experienced Divorce Navigation
Our team is prepared to assist you through the entire divorce process, or any part of the process for which you need help, no matter what the circumstances. Call us at 973-921-7407, or reach out to us via this website contact email and we will be in touch with you. Initial divorce consultations as well as your initial phone call are always free.