About Our Firm

Either spouse can file for divorce.  Grounds for divorce are no longer necessary to obtain a divorce in New Jersey.  Either party can allege that there has been an irretrievable breakdown in the marriage.  A divorce may be filed in New Jersey as long as the parties have been living in New Jersey for at least one year.

 An uncontested divorce just means that all of the issues (financial, child custody, child support, division of property) have been decided and all that needs to be done is file the appropriate paperwork to obtain a judgment of divorce.  In most cases, before filing the uncontested papers, you should also have a legally binding Stipulation of Settlement drafted and signed.

In New Jersey, alimony (also called spousal support or spousal maintenance) is sum of money paid by one spouse to the other during or after a divorce. Alimony may also be paid when a civil union is dissolved.

New Jersey is an “equitable distribution” state, meaning the judge has the discretion to divide the parties’ property fairly, not necessarily equally.  Most marital property, however, is divided equally in most situations.  The main exceptions are separate property that was either owned prior to the marriage or inherited during the marriage, and small businesses, whether started before or during the marriage.

You are entitled to a fair (not necessarily equal) division of the marital property; reasonable time with the children, whether as the custodial parent or non-custodial parent; child support for the custodial parent; and spousal maintenance for the lower earning spouse.  The most important point, however, is that there is more than one way to decide a case, so having the right representation is crucial. 

 A prenuptial agreement can cover more or less ground, depending on your needs.  The simplest prenuptial agreement just addresses one issue, such as keeping a premarital business separate in the event of a divorce.  But the prenuptial can cover how the bills will get paid, whether or not separate accounts will be kept, or what to do if the parties purchase real estate or make investments.

Child support can be enforced several different ways.  The payor's salary can be garnished to pay support as well as accumulated arrears (back-due support).  A court can enter a money judgment which can be enforced against a bank account or other assets in the payor's name.  A court can suspend the payor's driver's license or other professional license or certification.  Finally, under certain circumstances, a court can find the payor in contempt and sentence the payor to jail unless he pays a certain amount by a set date.