Skilled Family Law Attorneys Helping Families Throughout New Jersey
Bergen County Divorce FAQs
Whether you are contemplating a separation or are already in the midst of litigation, this FAQ page addresses common questions our clients have about the family law process in New Jersey.
Trust and Experience on Which You Can Rely
Choosing the right legal representation can profoundly impact the outcome of your family law matter. Here is why Torchin Martel Orr LLC is prepared to guide you through this difficult chapter.
Why should I hire a family law attorney instead of representing myself?
Although New Jersey allows individuals to represent themselves in a divorce, doing so means you are independently responsible for knowing and adhering to all court rules and deadlines. And to make matters worse, court staff are strictly prohibited from providing legal advice, predicting how a judge will decide, or telling you how to present your case.
In contrast, a knowledgeable attorney can help you navigate complex procedures, correctly file necessary paperwork, and advocate for your rights.
How do I know if Torchin Martel Orr LLC is the right fit for my divorce?
Our team brings over 100 years of combined legal experience to family law matters across New Jersey. We understand that every case requires a tailored approach, whether through aggressive litigation or careful negotiation. At Torchin Martel Orr LLC, we pride ourselves on upholding these professional standards and providing steadfast counsel throughout your divorce.
Does your firm offer alternative dispute resolution methods?
Yes. Our attorneys frequently handle cases through collaborative divorce and mediation. In many situations, resolving custody and financial disputes outside the courtroom is faster, less expensive, and more private than going to trial.
Many of our separating clients reach amicable agreements by pursuing a settlement process through mediation before or during their divorce proceedings.
Filing for Divorce in New Jersey
Here are the basics of initiating a divorce in the state of New Jersey.
What are the grounds for divorce in New Jersey?
New Jersey allows for both fault and no-fault divorces. Most couples file under the no-fault grounds of “irreconcilable differences,” which requires demonstrating that the marriage has broken down for at least six months with no reasonable prospect of reconciliation.
Do I have to live in New Jersey to file?
Yes, under state law, at least one spouse must have been a bona fide resident of New Jersey for at least one year prior to filing the complaint, except in cases where the grounds for divorce are based on adultery.
Still have questions? Contact our Bergen County divorce lawyers today.
Child Custody and Support
These questions cover how courts handle parenting time and financial support obligations.
How is child custody determined?
Courts base child custody decisions strictly on the “best interests of the child” standard, which involves evaluating factors such as each parent’s living situation, communication, and the child’s needs.
How is child support calculated?
Child Support is generally calculated using the New Jersey Child Support Guidelines. These guidelines factor in both parents’ net incomes, the overnight parenting time arrangement, health insurance costs, and other mandatory expenses.
Asset and Property Division
Here is how New Jersey approaches the distribution of marital assets and debts.
Who gets the house in a New Jersey divorce?
New Jersey follows the rule of “equitable distribution,” meaning marital property is divided fairly, although not always equally. The marital home may be sold and the proceeds divided, or one spouse may buy out the other’s interest.
Are my retirement accounts subject to division?
Yes, any portion of a retirement account, pension, or 401(k) earned or contributed to during the marriage is typically considered a marital asset subject to equitable distribution.
Still Have Questions?
If you did not see your question here, our team is available to help. Every case is unique, and we are happy to provide guidance based on your situation, no matter where you are in the United States. Call Torchin Martel Orr LLC at 201-971-4866 or fill out our online contact form to schedule a strategy session with our Paramus, NJ, office today.