High-Quality Representation in Divorce
and Family Law Matters
At Diamond & Diamond, P.A., we understand that the divorce process can be frustrating (in addition to many other emotions). That is why we have created this list of answers to some of our most frequently asked 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 clearer answers. We are intimately familiar with every aspect of New Jersey divorce and family law and are available to assist our clients during the daytime, at nighttime, and on weekends. Call (973) 379-9292.
The timeline for divorce in New Jersey varies depending on whether your case is contested or uncontested. Uncontested divorces, where both spouses agree on all major issues such as property division, custody, and support, can be finalized in as little as three to six months. The process moves more quickly because there is no conflict to resolve through litigation.
Contested divorces, however, take significantly longer: typically anywhere from 10 months to over a year, and sometimes longer depending on the complexity of the disputes involved. These cases often require discovery, mediation, and potentially a trial.
Divorce does not have to be an expensive process, and for many, it can be cost-effective. However, divorces can become extremely expensive as a result of unnecessary fighting or when an attorney attempts to use a “one size fits all” approach to your case.
At Diamond & Diamond, P.A., our team of family law professionals will meet with you at the onset to assess the circumstances surrounding your family law matter. We then work with you to develop and execute a specific plan tailored to your strategic goals and objectives. Our goal is to act professionally, efficiently, and effectively to do the job right the first time. Too often, people will select a lawyer to represent them based on who is the cheapest or who tells them what they want to hear. Yet, if your child had a medical emergency, you would want the best lawyer you could afford, and you would want a professional to talk with you honestly and directly, even if you don’t like what they are saying. The same goes for the selection of your divorce and family law attorney. When you select the best, it may cost you a little more upfront, but there is a difference between quality of service and cookie-cutter service.
Divorce mediation is a process where a neutral third-party mediator helps both spouses work together to resolve divorce-related issues such as child custody, alimony, property division, and support. Unlike traditional courtroom litigation where a judge makes final decisions, mediation allows you and your spouse to maintain control over the outcome, while the mediator facilitates communication and helps the couple reach agreements in a more collaborative and less adversarial manner.
In New Jersey, mediation is a required step in the divorce process for couples who disagree over financial matters or child custody issues.
Mediation is often the right choice when both spouses are willing to cooperate and communicate in good faith, can negotiate on relatively equal footing without significant power imbalances, want to maintain some control over the outcome rather than leaving decisions to a judge, are concerned about privacy and want to keep their divorce proceedings confidential, wish to minimize conflict especially when children are involved, and want to reduce costs and resolve matters more quickly than traditional litigation.
However, mediation may not be appropriate in certain situations. If there is a history of domestic violence or significant power imbalance between spouses, mediation may not provide a safe or fair forum for negotiation. If one spouse is hiding assets or being dishonest about financial matters, the informal nature of mediation may not provide adequate protection. If one or both parties are unwilling to compromise or negotiate in good faith, mediation is unlikely to succeed. In these circumstances, traditional litigation may be necessary to protect your rights and interests.
Mr. Diamond is one of the select accredited mediators in New Jersey who is authorized to handle economic mediation in matters where there is an active domestic violence restraining order and understands the procedures needed to be in place to permit parties to try and settle their divorce matters, even where a domestic violence restraining order is in place.
Domestic violence allegations fundamentally change divorce and custody proceedings in New Jersey. When domestic violence allegations surface, the court may issue a temporary restraining order to immediately suspend contact with children. The court prioritizes child safety above all else, which means allegations trigger protective measures designed to keep children out of potentially dangerous situations.
Custody in New Jersey breaks down into two categories: physical custody and legal custody. Physical custody has to do with which parent the child resides with. Legal custody has to do with the legal authority to make major decisions concerning the health, education, and general welfare of the child. In most cases, both parents will share legal custody, meaning that on major decisions affecting the children’s health, education, and welfare, the parents are required to discuss the issue. As to whether your custodial setting requires joint decision-making or simply consultation on decision-making items, check the language of your agreement, since every agreement is different.
New Jersey recognizes several types of custody arrangements, each addressing different aspects of parental responsibility.
Joint legal custody is the most common arrangement, allowing both parents to actively participate in making major decisions about their child’s life, including medical care, education, and religious upbringing. Even when one parent serves as the primary residential custodian, both parents typically share equal input on important matters.
Sole legal custody gives one parent the right to make major decisions without needing approval from the other parent, though this is less common and typically occurs when the other parent is unfit, disinterested, or has demonstrated behavior that warrants limiting their involvement.
Sole physical custody means the child primarily lives with one parent, while the other may have visitation or parenting time as determined by the court. In New Jersey, a “sole physical custody arrangement” typically means the child spends less than two overnights per week with the non-custodial parent.
Yes, custody arrangements in New Jersey can be modified when there is a substantial change in circumstances. This is a legal standard that must be met before the court will consider adjusting an existing order.
Examples of qualifying changes include a parent’s relocation that significantly disrupts the existing parenting time schedule, major changes in employment or work schedules that affect the ability to care for the child, remarriage or cohabitation that disrupts the child’s routine, or evidence of unsafe behavior such as substance abuse or neglect.
There are two legal paths to modifying custody: a consent order or a motion to modify. A consent order is the most straightforward route—if both parents agree to the changes, they can submit a written agreement to the court for approval. This process is faster and less stressful than litigation.
When parents cannot agree, one parent must file a motion to modify with the court.
Child support in New Jersey generally continues until the child reaches the age of 19, which is the presumptive age of emancipation for child support purposes.
However, there are several exceptions and circumstances that can extend support beyond age 19. For instance, the obligation may be extended if the child is still enrolled in high school or another secondary educational program, if the child is participating full-time in a post-secondary education program such as college, or if the child has a physical or mental disability that existed prior to reaching age 19 and requires continued support.
It is unfortunate, but there are parents who, for one reason or another, do not pay their share of the support for their children. One of the simplest options is to file an application with the court to have all payments of child support paid through the probation department system going forward and to have the court “reduce to judgment” all of the outstanding and unpaid child support payments, which sum will then be added to the probation department account. In addition to having all the child support payments directed through a specific probation department account, you can also have the court impose a wage garnishment against your ex’s employment income, tax refunds, etc., to ensure that you receive payment of the child support owed.
Yes, child support can be modified in New Jersey when there is a permanent, substantial, and involuntary change in circumstances. The court recognizes that life circumstances can change significantly after a child support order is issued, and the system allows for adjustments to ensure fairness
There are many types of spousal support (a form of alimony). Depending upon your specific circumstances, the income each spouse earns, parental responsibilities, employability, and other factors, you may qualify for limited duration alimony, rehabilitative alimony, reimbursement alimony, or open durational alimony. Allegations of fault typically do not increase the likelihood of an entitlement to alimony payments.
Unlike child support, New Jersey does not use a strict formula for calculating alimony. Instead, courts apply guiding principles and discretion based on numerous statutory factors; the primary and most important consideration is the earning capacities and income of both parties.
Other key factors include the duration of the marriage (longer marriages increase the likelihood of permanent or rehabilitative support), each spouse’s financial need and ability to pay, the standard of living established during the marriage, each person’s age and physical or emotional health, parental responsibilities and how childcare duties may limit earning capacity, each spouse’s educational background, training, and employment skills, contributions each spouse made to the marriage (including non-monetary contributions such as homemaking or supporting the other’s career), and tax implications of alimony payments.
New Jersey recognizes four different types of alimony.
New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. The court considers numerous factors when determining how to divide assets, including the length of the marriage, each spouse’s age and health, the income and property each party brought into the marriage, the standard of living during the marriage, and each person’s economic circumstances.
Since New Jersey is an equitable distribution state, it does not automatically mean that marital property is always divided 50-50. This means each situation is different, and the determination of who gets the house is one of those issues that requires examination. In other words, not every case is the same and depending on the amount of the mortgage encumbering it, the need for the children to remain in the school district, the cost of one party retaining it versus the cost of living in an rental setting are a few examples of the factors that the lawyers and the court focus on when deciding whether a party should be permitted to retain the home in the divorce or whether same should be sold.
A high-asset divorce refers to the dissolution of a marriage involving substantial financial holdings or significant property. While there is no strict threshold, these cases typically involve marital estates exceeding $1 million or situations where one or both spouses have significant income, investments, business ownership, real estate holdings, or retirement accounts.
High-asset divorces often require professional valuations of complex assets such as businesses, investment portfolios, intellectual property, and deferred compensation, and typically take longer to resolve due to the time needed to locate, assess, and accurately calculate the value of all assets.
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) 379-9292, or reach out to us via this website contact email and we will be in touch with you. The initial divorce consultation is free.