Frequently Asked Questions About Divorce
How much will my divorce cost?
It depends on the people and issues in your case. Family law cases have a lot of moving parts, and sometimes require a combination of different approaches. Some issues might settle right away in negotiation or mediation, while others may need litigation.
Negotiation, mediation, arbitration, and collaborative divorce can be less expensive than litigation. When families can resolve issues without getting the courts involved, it allows them to maintain more control over the process, which can end conflicts more quickly.
Price can also heavily depend on the legal team selected by both sides. Some law firms unnecessarily push toward litigation to rack up hourly fees. We don’t do that here. Arons & Solomon will help you identify all the issues of your case, and determine what combination of strategies works best for your needs.
Can a divorce be granted if my spouse refuses to sign the papers?
Yes. You can get a divorce without a signature or agreement from your spouse if they refuse to participate in the process.
Can my child support payments increase without a hearing or a court appearance?
Yes. The courts can technically increase child support payments without consent, but you must know about it beforehand. Child support payments can be adjusted biannually for cost of living increases, or as-needed based on a change in life circumstances.
If the court is monitoring your child support payments, you will be mailed correspondence regarding a child support modification hearing. If you take no action or fail to appear for a hearing, the courts may adjust the payments without your consent.
If my spouse refuses to pay child support, can the support be taken from their paycheck?
Yes. By statute, the State of New Jersey can take child support payments directly out of a parent’s paycheck, and send it to the person entitled to receive support on behalf of the child.
Can I get my marriage annulled in New Jersey?
- If you (or your spouse) did not comprehend you were entering a marriage due to mental incapacity or intoxication
- If you (or your spouse) had incurable impotence at the time of the marriage
- If you married a close blood relative
- If you (or your spouse) were under 18 at the time of marriage
- If you (or your spouse) were already married to another person at the time of your wedding
- If you (or your spouse) were influenced into marriage using threats, fraud, or lies
How do I serve my spouse with divorce papers?
“Serving divorce papers” is an informal term used to describe the legal process that begins a divorce. The actual papers are called the Summons and Complaint, and the State of New Jersey has rules governing how they are delivered.
Usually, one of two scenarios will happen:
- You deliver the summons and complaint to your spouse or his/her attorney (in person or by mail), and he/she signs an Acknowledgement of Service. This document confirms that your spouse understands and accepts the divorce. The signed paperwork is notarized and filed with the court. If your spouse is represented by an attorney, they can accept service of the papers on your spouse’s behalf.
- A third party delivers the Summons and Complaint to your spouse. Your attorney can hire a private “process server” to make the delivery, and provide proof that your spouse received the paperwork.
Who will get custody of our children?
Both parents have equal child custody rights under New Jersey state law. All legal custody decisions are made in the best interests of the child. The court considers: 1) the needs of the child, and 2) both parents’ abilities to provide for those needs.
Custody is often the most difficult part of a divorce. Arons & Solomon specializes in finding solutions that protect children from this painful process.
Do grandparents have visitation rights?
The State of New Jersey has a statute allowing grandparents to request time with their grandchildren. Grandparent visitation rights are case-specific and depend on a few factors, including:
- The best interests of the child
- The grandparents’ prior relationship with the child
- The grandparents’ relationship with the custodial and noncustodial parents
This is a separate lawsuit, and is not considered part of the divorce.