Divorce FAQs

Divorce FAQs

Divorce Lawyers in Bergen County, NJ

NJ Divorce Frequently Asked Questions

Every marriage is different, which means every divorce is different, too. So while we may be able to provide you with a variety of information about divorce on our website, as well as answer some of your frequently asked questions regarding divorce on this page, for specific advice or legal guidance about your unique situation, it may be much more informative to simply speak with our experienced divorce attorneys.

With extensive experience helping clients through the entire divorce process by finding fair and creative solutions to divorce issues such as child custody, child support, alimony, and marital asset division, The Law Office of Townsend, Tomaio & Newmark is ready to put this experience and legal knowledge to work for you today.

Call our office to discuss your unique situation, needs, and concerns when it comes to your divorce or any of its related issues in a free and confidential consultation with our attorney team today.

What Types of Divorce Are Available for Me and My Marriage?

There are several different ways to pursue your divorce and have it resolved in Bergen County and the state of New Jersey. For example, divorces can either be decided through:

  • Litigation – You and your attorney present evidence and arguments to a court, and the court makes the final decisions regarding your divorce settlement agreement.
  • Negotiation – You and your attorney work with your spouse to find reasonable solutions to your divorce issues without a court having to decide them for you.
  • Alternative Dispute Resolution – You and your spouse pursue an ADR method such as mediation, collaboration, or arbitration to resolve your divorce outside of the public court system entirely

Beyond these methods for resolving a divorce, you may also choose the specific type of divorce you will file for. This can either be a no-fault divorce (neither party “blames” the other for the divorce, there simply exists irreconcilable difference(s) between the parties which causes one spouse or the other to believe that a divorce is necessary), or a fault-based divorce (one party feels that the other committed certain actions which resulted in their desire to divorce).

Does It Matter Who Files First for the Divorce?

Legally speaking, there is no advantage gained or lost by which party files for the divorce. However, if the divorce request comes as a surprise to the defendant (the person who didn’t file for a divorce), they may be at a disadvantage when it comes to finding an attorney, gathering all of the necessary paperwork, and preparing for their divorce proceedings.

So while you shouldn’t “jump the gun” if you are still unsure whether or not you wish to divorce, certainly being prepared by speaking with our divorce lawyers and gathering various documents before making your decision can be beneficial.

Will I Lose My Home in My Divorce?

New Jersey operates on an equitable distribution basis, meaning all marital property needs to be divided fairly (note: not necessarily equally) during a divorce. When it comes to a family home, chances are it will be considered marital property if the marriage lasted for anything but the shortest of times, and as such will be subject to equitable distribution during divorce.

With that being said, there are a number of different factors that play a role in dividing complex property such as a home, a business, debt, retirement funds, investment portfolios, and how and when these assets are divided depends a great deal upon your marriage’s circumstances, and the negotiations our marital asset division lawyers can make on your behalf.

Do I Have to Move Out of the House During My Divorce?

Unless there are extraneous circumstances such as domestic violence or a particularly acrimonious divorce, any divorcing individual is legally allowed to remain in their home during the divorce process. Additionally, leaving a home may set a negative precedent when it comes to deciding child custody, whether that be in a final child custody and visitation agreement, or in a temporary custody ruling during your divorce itself.

Do I Need a Bergen County Divorce Lawyer?

Any time you are deciding issues so critical to your legal, financial, and parental future, it is highly recommended that you retain the counsel of an experienced Bergen County divorce lawyer. Even if you and your partner see more or less eye-to-eye on your various divorce settlement agreements, those same understandings may not be fair to you or represent your unique needs and concerns moving forward.

Furthermore, while it is possible to modify divorce agreements after a divorce, this usually requires a change in circumstance. If, after your divorce, you realize that the agreements you signed may not be fair to you, or are somehow disadvantageous in the short-term or long-term, you most likely will not able to modify those divorce agreements.

Only in situations where a divorce agreement you signed proves to be extremely unfair or is based on inaccurate evidence can those agreements be appealed, and a family law appeal can be a long and stressful process. It is much better to simply retain legal counsel during your divorce, and ensure that any agreement you sign is fair and takes you and your family’s unique situation into account without the need for a modification or appeal after your divorce.

Contact Our Hackensack Divorce Attorneys Today

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to resolve their divorce through negotiation, litigation, mediation, collaboration, and arbitration.

By practicing exclusively family and divorce law, our firm can focus on providing each of our clients with the knowledgeable, effective, and attentive legal service that they need and deserve in such important and sensitive legal matters.

To speak with our legal team today in a free and confidential consultation regarding your divorce, any questions you may have regarding you and your family’s unique situation, and how exactly we can help you through your divorce or any of its related matters, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  What are Grandparents’ Rights to Child Visitation in New Jersey?
  •  What are Father’s Rights in New Jersey?
  •  What is Equitable Distribution?