Let us put our experience, knowledge and reputation to work for you
Divorce & Family Law Questions & Answers
Q.
If I decide that I am ready to proceed with a divorce, what is the first step?
A.
The first step is to set up an initial consultation. We will review your personal and financial situation so that we can advise you specifically as to the particulars of your unique situation. We will also advise you as to the various alternatives to divorce litigation including Collaborative Divorce and Mediation.
Q.
What information and documentation will I have to gather to begin the divorce process?
A.
It is helpful to have copies of as many financial documents as possible. You should gather copies of your tax returns, W-2 statements, bank and investment account statements; retirement account and pension plan documents, as well as documents evidencing any outstanding liabilities and indebtedness. It is also helpful to gather invoices, check book ledgers and bank account statements that reflect your monthly expenses. If you do not have access to any of this documentation, we can assist you in obtaining these records through the discovery process.
Q.
How much will my divorce cost?
A.
While it is impossible to say with any degree of certainty what any given divorce case will cost, we will review with you the litigation process as well as various alternatives to litigation so that you can make an informed decision as to the best way to proceed. We understand that the cost of legal representation is not generally built into anyone’s budget. We will work with you to navigate your divorce in the most efficient and cost-effective manner.
Q.
How can I limit my legal fees? Will my spouse have to pay my fees if he/she had an affair that led to the breakdown of our marriage?
A.
Legal fees increase when parties take “positions” on various issues in the case and refuse to budge from them. The way to limit legal fees is to focus on reaching an agreement that is fair to both sides. The length of a divorce matter is directly related to how quickly parties can reach agreement on all of the issues. The sooner an agreement is reached, the less costly the case will be.
The factors that a Court must consider in determining whether to award legal fees to one party do not include “fault”. That is, it is not relevant who wants the divorce, or whose behavior let to divorce.
Q.
I am concerned that my spouse will take our children and move to California. Can he/she do that?
A.
New Jersey law prohibits one party from removing the children from the State without the consent of the other parent, or Court order. If one party wishes to move away from New Jersey and “relocate” to another state or country, that party must demonstrate a good faith basis for the move and that such a move would not be “inimical” to the children’s best interests. In these types of cases, a hearing is generally required.
Q.
I own a small privately held business. Will I be able to keep it in the divorce?
A.
In New Jersey, assets acquired during the marriage are subject to equitable distribution. If your business was established during the marriage, it will constitute an asset that will have to be valued for purposes of equitable distribution. In cases involving businesses, the owner operator often retains the business and buys out the other party’s interest by trading an interest in another asset(s). It is important to select counsel experienced in representing business owners. Our firm has significant experience in counseling business owners and their spouses going through divorce. Our experience and financial acumen also helps our clients to minimize the impact of divorce on their businesses.
Q.
How is spousal support handled in a divorce?
A.
There is a statue in New Jersey that addresses spousal support – N.J.S.A. 2A:34-23b. The statute does not lay out a formula for the calculation of the amount and length of time that alimony should be paid in any given case. Instead, it outlines various factors that a Court must consider in making a spousal support award. Those factors include the needs and ability to pay of the parties, the length of the marriage, the age and health of the parties, the standard of living established during the marriage, the earning capacities of the parties, and parental responsibilities for the children. The determination of the amount and length of alimony will take into account all of these factors, and is therefore different in every case. We will discuss these factors with you and how they apply in your particular case so that you can understand the range of an appropriate alimony arrangement.