At Gruber, Colabella, Thompson, Hiben & Montella, we understand that family law matters can be complex and emotionally challenging. This FAQ page answers the most commonly asked questions about divorce, child custody, support, and other family law issues in New Jersey. Whether you’re starting the divorce process or seeking a post-judgment modification, our experienced attorneys are here to help guide you every step of the way.
Our New Jersey Divorce FAQ
Q: What are the grounds for divorce in New Jersey?
A: In New Jersey, divorce can be based on no-fault grounds like irreconcilable differences or fault grounds such as adultery or cruelty.
Q: How is child custody determined in New Jersey?
A: New Jersey courts determine custody based on the child’s best interests, considering factors like parental stability and the child’s relationship with each parent.
Q: How is child support calculated in New Jersey?
A: Child support in New Jersey is calculated using state guidelines that consider income, custody arrangements, and the number of children.
Q: How does alimony work in New Jersey divorces?
A: Alimony is awarded based on factors like marriage length, financial need, earning capacity, and each spouse’s contributions to the marriage.
Q: What is divorce mediation in New Jersey?
A: Divorce mediation is a voluntary process where a neutral mediator helps spouses reach agreements on issues like custody, support, and property division.
Q: Are prenuptial agreements enforceable in New Jersey?
A: Yes, prenuptial agreements are enforceable if signed voluntarily, with full disclosure, and without coercion under New Jersey law.
Q: What is divorce arbitration and how does it differ from court?
A: Divorce arbitration is a private process where an arbitrator decides disputes, offering a faster, confidential alternative to traditional courtroom litigation.
Q: How is domestic violence handled in New Jersey family law?
A: Victims of domestic violence can seek a temporary or final restraining order, and domestic violence may impact custody and visitation decisions in family court.
Q: Do grandparents have visitation rights in New Jersey?
A: Yes, grandparents can petition for visitation if they can prove it’s in the child’s best interests and supports an existing relationship.
Q: How are juvenile issues handled in New Jersey family court?
A: Juvenile matters are typically addressed in family court, focusing on rehabilitation through diversion programs, probation, or other court-supervised options.
Q: What’s the process for adopting a child in New Jersey?
A: Adoption involves filing a petition, completing a home study, and attending court hearings to ensure the child’s best interests are met.
Q: How do I legally change my name in New Jersey?
A: You must file a Verified Complaint in Superior Court, serve required state agencies (e.g. Division of Criminal Justice or prosecutor) at least 20 days before your hearing, and then attend the hearing (unless it’s waived).
Q: What are post-divorce modifications in New Jersey?
A: You can request changes to custody, support, or alimony if there’s a significant change in circumstances after the original divorce decree.
Q: Can I appeal a family court decision in New Jersey?
A: Yes, you can appeal a family court ruling if you believe a legal error occurred; strict deadlines and procedures apply.
Contact Gruber, Colabella, Thompson, Hiben & Montella
If you have additional questions or require assistance with any divorce or family law matter, simply contact Gruber, Colabella, Thompson, Hiben & Montella today.
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