At Diamond & Diamond, P.A. we understand that the divorce process can be a 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 available to assist our client's during the daytime, at nighttime and on weekends. Call (973) 379-9292.
How can I afford divorce?
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 where an attorney attempts to use a "one size fits all" approach to your case.
At Diamond & Diamond, P.A., our team of family law professional 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 he / she is 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.
Who gets the house?
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.
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 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 judgement" 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.
How does custody work in New Jersey?
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.
Who qualifies for spousal support?
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.
How do I settle my divorce matter when there is an active domestic violence complaint outstanding?
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.