Brian Clifford Freeman

As an experienced New Jersey Divorce Attorney, one of the first questions clients ask me is “Well, how much is this going to cost me?” The cost of divorce in New Jersey varies, so it is almost impossible to provide an exact price, unless the divorce is uncontested and there are no assets, no children, and no issues. A divorce with high assets, home ownership, or children doesn’t necessarily have to be expensive if the parties can come to an agreement in the beginning stages, or even before they get divorced. The cost of an uncontested divorce in New Jersey will typically start around $1,500.00, plus the filing fee. If the divorce is contested and there are assets and issues such as custody and child support, the initial retainer could range from $3,500.00 to $5,000.00, or more depending on the particular circumstances. Are you considering a divorce but are unsure how much it will cost? Contact dedicated New Jersey Divorce Attorney Brian Freeman for experienced council.

The courts will review the length of your marriage, and will base alimony on you and your spouse’s income. Alimony typically is in place for more than half the length of the marriage. Alimony will also be based on whether one spouse is raising young children or if one is elderly.

Alimony is dependent on the income of each of the parties. Having young children in a marriage will greatly influence Alimony. Every case can be different in regards to Alimony.

There is no specific calculation or formula for alimony. The judge will take a 1/4-1/3 of the difference between the parties incomes as a starting basis for alimony.

You will need to speak with your spouse and request to negotiate a new MSA.

A frequent question clients ask me is “What’s the difference between a contested and an uncontested divorce in New Jersey?” There are two types of divorces in New Jersey. One is a contested divorce, and the other is an uncontested divorce. A contested divorce involves the parties negotiating or actively fighting over assets, child custody, child support, or even pets. Contested divorces are typically going to be far more expensive than an uncontested divorce. In an uncontested divorce, the parties have either agreed on how to dissolve their assets, or there are no assets to fight over. These also involve no children, or there are no issues concerning the children, such as child support or custody and parenting time. An uncontested divorce is generally the best way to go for the parties, assuming they can do that. If there are children involved, an uncontested divorce can diminish the stress on them as well as on the parties themselves. Uncontested divorces will also be far less expensive than a contested matter.

Because New Jersey is an equitable distribution state, anything you and your spouse acquire during the marriage can be split in half.

If you are filing an uncontested divorce, you more than likely will not need to attend court. You will need to attend court for a short time if you don’t respond to a received divorce complaint.

The receiving spouse is required to file a motion that with enforce payment. The non paying party could be placed in jail, or have their driver’s license suspended for failure to pay.

Except in the case of infidelity, as long as one party has lived in the state for a year, you can serve divorce papers anywhere.

There are several grounds for divorce in New Jersey. The most common grounds for divorce I see as an experienced New Jersey Divorce Lawyer include: Mental cruelty Physical cruelty Desertion Adultery Irreconcilable differences Several of these grounds for divorce can be difficult to prove. The most common and cost-efficient grounds for divorce in New Jersey is irreconcilable differences. To prove this, you are only required to show that the parties were unable to get along for six months.

If a parent is dealing with addiction or anger issues, these matters must be brought up to the court in a motion to correct the problem.

You must have resided in New Jersey for at least one year to file divorce, unless the divorce involves infidelity.

Both parties are required to do an asset search, this also reviews out of state and country assets.

You can request a modification of child support by reasons of sickness, unemployment, or educational reasons.

You are unable to move a child out of the state without the other parents agreement, or you have a court order. You could be charged with kidnapping if you do not follow the proper guidelines.

You can take the parent to court to file a motion to reduce the amount of time the other parent has.

You must go to court and file a motion. You will have to advise the court the reasons you are request to take the children out of the area.

If you do not pay your child support, you will have a warrant placed out for your arrest and you can be kept in jail until fully paid. Your passport will be revoked if you stop paying child support. You can lose your driver’s license if you do not pay your court ordered child support.

Are you in need of an Experienced New Jersey Divorce Lawyer or Family Law Attorney in Jersey City? Freeman Law Center LLC provides the personal attention of a small...

Request that the prenup forbids retirement assets in the event of a divorce. You can determine the amount if alimony paid, but it will be paid the length of the marriage. Child support is not eligible to be included into alimony.

When one spouse doesn’t have the means to afford an experienced New Jersey Divorce Lawyer, and the other spouse has more than adequate means to do so, you can file a complaint for divorce and seek attorney fees from the other spouse. This depends on the intricacy of the divorce and the gap in income between the spouses. There are additional factors that can also be involved, but there are many instances in which one spouse can obtain either the entire attorney fees or partial attorney fees from the other spouse.

I advise clients to immediately consult with an experienced New Jersey Divorce Attorney. These are time sensitive matters and you only have a certain amount of time to file an answer and counterclaim.The typical time-frame is about 35 days from the time you’ve been served. DO NOT DELAY! If there are children involved, in order to protect your rights in regards to custody, child support, assets, and other issues, it’s imperative that you not sit on your rights. It is very important to take prompt action to retain an attorney to represent you.

You will be allowed to change your name back to your maiden name as long as you are not doing so for unlawful or financial reasons.

Prenuptial agreements forecast what will happen if the marriage breaks down. A prenuptial agreement is usually necessary when there is a difference in financial assets.

The child is required to exhaust any scholarships, grants or student loans first. If contribution is needed for college, the amount would be in proportion to each of the parents finances.

You have up to 45 days to submit an appeal to the judge.

Are you in need of an Experienced New Jersey Divorce Lawyer or Family Law Attorney in Jersey City? Freeman Law Center LLC provides the personal attention of a small...

You will need to go to the courthouse, and file a motion with the judge to request more visitation.

You have up to 45 days to appeal the case. Your case will be seen at the Appellate Division of NJ.

You can not waive child support, unless one parent chooses not to file for support.

The general age of emancipation is 18 years. If a child is in a 4-year college, they will not be considered emancipated until the child has graduated.

-New Jersey has their own guidelines for child support calculations. -If one of the parties makes over $3500 a week, the guidelines are not fully followed If you have questions on how child support is calculated in New Jersey, contact experienced New Jersey Child Support Lawyer Brian Freeman to fight for your family.

We will do our own search on your spouse, with help by the DMV and using their social security number. The court will give you the right for a divorce if nothing has come back from the search. You will need to post a service reminder in the local paper as notice.

You will be required to submit your application in the county that you and the spouse reside in. If you and your spouse live in separate counties, either county will be suitable to file in.

Divorces in New Jersey are a creature of the particular factual circumstances relating to the parties, and the time-frames can vary. Over the years, I’ve had divorce cases where clients have been divorced in as little as 30 days. I’ve also seen cases where the divorce isn’t finalized for a year and a half, or longer. Every divorce is different, and every factual situation determines how quickly a divorce can be finalized. If there are a lot of assets involved and the parties can’t come to an agreement, that divorce is typically going to take much longer. However, if there are no assets, or if there are large assets but the parties are in complete agreement, that divorce is going to be much faster, and much less expensive.

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