Family Lawyer Bergen County

Commonly Asked Questions

What Types of Family Law Matters Do You Handle in Bergen County?

Why Should I Choose Your Law Firm for My Family Law Needs in Bergen County?

Do You Offer Legal Services for Child Custody Disputes in New Jersey?

What Are the Grounds for Filing for Divorce in Bergen County?

In Bergen County, you can file for divorce based on several grounds, including irreconcilable differences, adultery, desertion, and extreme cruelty. The most common ground is irreconcilable differences, which requires that the spouses have experienced a breakdown in the marriage for at least six months.

What Factors Are Used to Calculate Alimony in a Divorce Case?

Alimony is calculated based on factors such as the length of the marriage, the standard of living during the marriage, each spouse’s income and financial needs, and contributions to the marriage, including homemaking and childcare.

How Is Property Divided During a Divorce in Bergen County?

New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly, though not necessarily equally. The court considers factors like the length of the marriage, the age and health of each spouse, and their economic circumstances.

When handling property division, our lawyers provide guidance on the valuation of assets, ensuring that all marital properties are properly accounted for. This includes but is not limited to real estate, personal property, and financial assets. We strive to achieve a fair division that respects each party’s contributions while also planning for financial stability post-divorce.

Can Child Support or Custody Orders Be Modified After They Have Been Established?

Yes, child support and custody orders can be modified if there is a significant change in circumstances, such as a change in income, relocation, or changes in the child's needs.

What Is the Role of a Family Law Attorney in Bergen County?

A family law attorney helps you understand your rights and responsibilities, represents you in court, negotiates settlements, and ensures that your interests are protected throughout the legal process.

Are Prenuptial Agreements Enforceable in Bergen County?

Yes, prenuptial agreements are enforceable in Bergen County, provided they are written, signed by both parties, and made with full disclosure of each party's assets and liabilities.

How Can I File for a Restraining Order in Cases of Domestic Violence?

To file for a restraining order, you must go to the Family Division of the Superior Court in Bergen County and fill out a complaint. A judge will then decide whether to grant a temporary restraining order (TRO).

What Should I Expect During a Family Law Mediation Session?

During mediation, a neutral third party helps both parties reach an agreement on various issues like custody, support, and property division. Mediation is confidential and aims to reduce conflict and reach a mutually acceptable resolution.

How Does New Jersey's No-Fault Divorce Affect My Case?

New Jersey offers no-fault divorce, which allows couples to dissolve their marriage without assigning blame to either party. This approach means that neither spouse needs to prove wrongdoing, such as adultery or abuse, as grounds for the divorce. Instead, they can cite irreconcilable differences, requiring a six-month breakdown of the marriage. A no-fault divorce often simplifies the process, reduces conflict, and may lead to a quicker resolution. Our attorneys help navigate these proceedings, ensuring all legal requirements are met and addressing any concerns that arise.

How Can Collaborative Divorce Benefit Me in Bergen County?

Collaborative divorce is designed for couples willing to work together to settle their divorce outside of court. This method involves a series of cooperative discussions supported by legal representatives and other professionals, such as financial advisors or therapists if necessary. The goal is to reach an amicable agreement on various aspects such as asset division and child custody. Collaborative divorce can be less adversarial and more cost-effective than traditional litigation, allowing for customizable solutions that suit both parties' needs and maintain a working relationship, which is particularly beneficial if children are involved. At Sherwood, Johnson & Poles, we are experienced in facilitating collaborative divorces, helping couples transition smoothly.

What Are the Benefits of Having a Family Law Attorney in Bergen County?

Retaining a family law attorney in Bergen County ensures you have a professional advocate to guide you through each step of your legal journey. Our attorneys not only offer expertise in local laws and court systems but also provide strategic advice tailored to your specific circumstances. From filing necessary paperwork correctly to representing your interests in negotiations or court, an attorney ensures your rights are protected and enhances the likelihood of a favorable outcome. Additionally, having a knowledgeable attorney provides reassurance and support during what is often a stressful period, allowing you to focus on rebuilding and moving forward.

What Should I Consider When Deciding on Post-Divorce Relocation in New Jersey?

Post-divorce relocation can be a complicated issue, especially if child custody arrangements are involved. New Jersey law requires the custodial parent to obtain either consent from the non-custodial parent or approval from the court before relocating out of state or a significant distance within the state. The court considers factors such as the reasons for the move, the child's relationship with both parents, and the impact on the child's well-being. Our attorneys can guide you through this process, advising on how to best present your case and negotiate terms that seek to protect your and your child's interests.

How Do Family Law Modifications Work in Bergen County?

Family law modifications in Bergen County allow individuals to request changes to legal orders, such as child support, alimony, or custody arrangements. Circumstances may change post-divorce, necessitating adjustments to earlier agreements. Typical reasons for requesting a modification include a significant change in income, changes in a child's needs, or a parental relocation. Successfully securing a modification involves demonstrating how these changes affect the ability to comply with existing orders or the necessity for new arrangements. Our firm assists clients in gathering necessary evidence and presenting compelling arguments to the court to adjust orders in a manner that aligns with current realities.