Have a question about divorce, child custody, child support, alimony, marital assets, prenuptial agreements, or any other family law-related matter? On the first Tuesday of each month, Weinberger Divorce & Family Law Group invites you to attend Family Law Tuesday, a live Q&A session hosted on our WLG Facebook page.
We held our first family law chat last month. Our next Family Law Tuesday will be May 6th, from 8 – 9 pm. Highlights from April’s Q&A can be found below. We look forward to hearing from you!
Time to Divorce
Q: How long, realistically, will I need to wait until I am actually divorced? From the point I file to the end, how long does it take for a NJ couple with no minor children?
A: In New Jersey, the benchmark is one year (12 months) from the time of filing to when the divorce is final. Managing partner Bari Weinberger recently made a great video explaining time to divorce in detail, as well as what factors can lengthen (or shorten!) the time it takes. Thanks for the question!
Q: I want more days with my kids, but how do I convince a judge to agree?
A: As kids grow up or family circumstances change, it is sometimes the case that the parenting time arrangement two parents agreed upon needs to be modified. There are a few ways you can do this. If your child’s other parent is in agreement with your desire to have more time with your child, one option is to create a “consent order,” which alters the preexisting arrangement and states that changes are mutually agreed upon. This option doesn’t require you to have a judge figure out a new agreement. You can read more about the modification process here.Hope this helps!
Q: We both recognize that we would be better off divorced, but I don’t want to spend the money! This might be a stupid question, but can’t we just live separated…until one of us wants to get married again? Kind of an, if you’re okay with this, then I’m okay with this thing?
A: This is a great question — and one we hear often! For many couples, it might seem like a good idea in the moment to just remain separated indefinitely. However, there are a number of practical reasons why this might not work out. Most frequently what we find is that if the relationship takes a sour turn, the jointly held assets that were once not a big deal can suddenly become a battleground. Because this is such a common question, we wrote a blog not too long outlining key risks of long separations you might want to take a look at. Thank you for asking!
Q: We recently moved to New Jersey and I’m wondering if this “equitable distribution” thing means 50/50 split or how that’s done? Is it similar to community property states?
A: Because divorce laws vary by state, it can be confusing for those who move from 50/50 community states to a state such as NJ, which follows an “equitable distribution” formula for dividing assets. Equitable means “fair” which is the bottom line the Courts look at in deciding who gets what. We have a great article describing the equitable distribution process in greater detail.