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FAQs

Q: How much will my divorce cost?

A: Every divorce is different and the initial retainer is set after an in-depth assessment of your situation is discussed in an initial consultation.

Q: Can I get divorced even though my spouse and I still live together.

A: The State of New Jersey does not require a period of separation between the parties in order to grant a divorce. Either party who is a resident of the State for over 12 months may allege that irreconcilable differences occurred 6 months prior to filing the divorce complaint in order for the Court to grant a final divorce.

Q. Do I have to show up for my divorce hearing?

A: If you file a divorce complaint in South Jersey, you must appear at the final hearing, whether or not it is contested divorce.

Q: How much does mediation cost?

A: Mediation is billed hourly. Your cost will be determined by the complexity of your issues and number of sessions required to settle your matter. The amount is less than 1/2 of what you would spend on a “traditional” contested divorce when both parties are in agreement as to most of the issues.

Q: Can I modify my child support payment?

A: Child support is determined by a formula that takes into account: 1) gross income of the parties, 2) number of overnights 3) medical and child care expenses 4) other dependants, and several other factors. If there is significant change of circumstances relating to one of these factors, either party may apply to the court for a modification.

Q: If our marital home isn’t in my name, can I still get 1/2 of the equity. What if I’m not on the mortgage?

A: If a marital home is purchased in anticipation of marriage, or during the course of the marriage, it is subject to equitable distribution, no matter who is on the deed or mortgage.

Q: I can’t afford a lawyer in a matrimonial matter, what can I do?

A: Either you or your spouse will be responsible for paying your legal fees. Depending on the facts of your case, a Court may order your spouse to pay temporary alimony and child support while a divorce is on-going. We can also create a payment plan for you if needed. Free legal services for “civil” cases, like divorces are only available through Legal Services of New Jersey www.lsnj.org/sjls/ Contact them to see if you qualify.