FAQs

Divorce FAQs

At Arons & Solomon, we understand that going through a divorce can create a lot of uncertainty and questions about the future. Here are some frequently asked questions (FAQs) that our clients have had concerning their divorce. If you have any other questions or would like to speak to someone regarding a consultation, contact us at (201) 487-1199.

How much will my divorce cost?

The variables that determine how much a divorce will cost depend on the parties and the issues in your case. If you and your partner can agree on all issues and settle amicably, the divorce will simply cost less. Litigating issues can be a very expensive process. At Arons & Solomon we guide clients through mediation and believe in mediation as most of our attorneys are certified mediators. We offer mediation services to help keep expenses to a minimum for both parties.

Can a divorce be granted if my spouse refuses to sign the papers?

Yes. With the experienced divorce attorneys at Arons & Solomon, you can obtain a divorce without a signature or agreement from your spouse if they refuse to be a part of the process.

Can my child support payments increase without a hearing or a court appearance?

The courts can increase your support amount without your consent. The Courts are required to adjust child support biannually in an amount indexed to the increases in the cost of living (COLA). In addition, anyone can seek a review of child support based upon a change in circumstances. The courts will mail out correspondence regarding a hearing on an application to modify child support. If you don’t appear or take action on either a cost of living increase or an increase sought by the custodial parent, than you risk paying more child support than you previously were ordered to pay.

If my spouse refuses to pay child support, can the support be taken from their paycheck?

Yes. By statute, New Jersey is permitted to deduct child support directly out of a parent’s paycheck and send it to the person who is entitled to receive support on behalf of the child.

Under what circumstances can I get a marriage annulled?

Annulments can be difficult to obtain. Annulments are rarely granted, but one may be obtained under certain circumstances, such as:

  1. If, due to mental incapacity or intoxication, you or your spouse could comprehend that you were entering into a marriage.
  2. If you or your spouse had incurable impotence at the time of the marriage.
  3. Marrying a relative who is a close blood relative.
  4. Fraud which was relied upon by one of the parties, in agreeing to get married.
  5. Bigamy: Your spouse was married to someone else at the time he or she married you.

How do I serve my spouse with divorce papers?

First, to “serve” someone divorce papers means the process by which your spouse is officially provided with a copy of the Summons and Complaint, in a manner that complies with the Rules of Court in the State of New Jersey.

If your spouse agrees to accept the service, he or she must sign an Acknowledgement of Service, and have that notarized, so that it can be filed with the Court as proof that your spouse was served. This is the easiest way. If your spouse is represented by an attorney, he/she can accept service on your spouse’s behalf.

If your spouse chooses not to sign an Acknowledgement of Service, or if there are reasons why you prefer not to serve your spouse in this manner, then a third party is required to serve your spouse. This is usually done by a “process server” who is a private individual hired by your attorney, who charges for their work in serving the Summons and Complaint. In that case, the process server provides proof that your spouse was served and that “Proof of Service” is filed with the Court.

Do I need to be separated from my spouse for 18 months to get a divorce?

No, you can be divorced from your spouse while you are both living under the same roof, or if you have only been separated a brief period of time. There is no requirement of separation under the “irreconcilable differences” cause of action for a divorce.

If we get divorced, where will the children live?

New Jersey law holds that both parents have equal custody rights regarding their children. Custody decisions are based upon the best interests of the children, which considers the children’s needs and both parents abilities to provide for those needs.

Do grandparents have visitation rights?

New Jersey has a statute which allows grandparents to seek time with their grandchildren. This is dependent upon the particular family circumstances including the best interests of the children, the grandparents’ prior relationship with the children, the grandparents’ relationship with the custodial and noncustodial parents and other factors the court may consider. This is a separate law suit, and not part of the parents’ divorce.