Frequently Asked Questions
Q: What is a legal divorce?
A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, it will legally divide the couple’s assets and debts, and determine the care and custody of their children.
Q: What is a no-fault divorce?A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In a no-fault divorce, however, both parties agree that there is no “fault” involved in the grounds for divorce. A marriage can be terminated simply because the couple agrees that it is no longer salvageable.
Q: What is a fault-based divorce?
A: A “fault” divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease.
Q: What are the requirements for filing a petition for divorce?
A: New Jersey requires that one party be a resident in New Jersey for one year prior to the filing of a complaint for divorce.
Q: What is a legal separation?
A:A legal separation means that the parties are living separate and apart.
Q: May the provisions in a divorce be changed afterwards?
A: They cannot be changed unless there is a provision in the marital separation agreement to do so. Depending on the circumstances New Jersey allows the agreement to be modified based on a change of circumstances.
Q: How is property divided in a divorce?
A: Courts divide property between spouses based on Equitable distribution. Keep in mind, equitable does not mean equal.
In determining equitable distribution the courts consider all the assets and earnings accumulated during marriage to be marital property and divide them fairly at divorce.
Q: What is the difference between maintenance and alimony?
A: Each word refers to the same concept - one spouse providing funds to the other. Alimony (or maintenance or spousal support) can be awarded for an indefinite or definite period of time. Generally, courts consider the standard of living of the parties that was established during marriage, the circumstances of the case and of the parties, whether the party who is getting the award lacks sufficient property and income to provide for his/her reasonable needs and whether the party paying the maintenance has sufficient property and income to provide for the other’s reasonable needs.
Q: Do I need to hire an attorney?
A:It is not mandatory that you hire an attorney and you may represent yourself. However, you may be putting yourself at a serious disadvantage. Most divorces are not straightforward unless there are no marital assets, children or other joint issues. Given the complexity of the issues, it’s beneficial to employ the services of a professional who is knowledgeable and experienced in the field. At Burns LeBrocq and Wolfe the lawyers have over 50 combined years of experience handling all aspects of divorce.
