Family Law Questions And Answers
At the Law Offices of Peter G. Aziz & Associates LLC, our lawyers strive to educate and advocate for our clients. Our attorneys provide sensible counsel and advice and full representation for all of your family law matters.
We have provided answers here to some of our client’s frequently asked questions.
How Long Will It Take To Finalize My Divorce?
If your divorce is uncontested, it will be finalized in usually three to six months.
A contested divorce could take an undetermined number of years, depending on what the arguments are.
Does Committing Adultery Affect A Divorce?
New Jersey is a “no-fault state,” which means you do not need to prove your spouse did something wrong in order to divorce them.
However, adultery is a ground for divorce. It is sometimes used to determine alimony amounts in limited circumstances such as if the spouse used significant marital assets to support the affair.
If you want to pursue justice, you can still bring a case against the person who cheated with your spouse, but you will need to provide detailed information, including the times of adulterous incidents and person’s name. That person gets served and will have a chance to come to court to deny allegations.
People more often use “irreconcilable differences” as their reason for divorce because it’s easier.
How Will Our Property Be Divided When We Are Divorced?
You and your spouse may agree to the equitable division of your assets and debts you acquired during your marriage. These include your real and personal property, bank accounts, art collections, pets, motor vehicles, credit card debt and retirement accounts.
If you and your spouse do not agree, the judge considers the equitable division of your assets and debts based on a fair, but not necessarily equal, division of all marital property. The court looks to a number of factors, such as spouse contributions and needs after the divorce, when creating the equitable division.
Can I Move Out Of New Jersey With The Children?
Yes, you can move out of state, but you need the consent of other parent unless you have full custody of the child. Because custody is often split between a primary and alternate residence, permission will be required from the other parent.
You can file a motion for court to intervene, if necessary. You will need to demonstrate that your move is in the best interest of child. You can show this by including information about the location of a better school, the child’s special needs, and that the move enables you to provide better quality of life for the child.
How Do I Get My Former Name Back After Divorce?
As long as you are not trying to change your name for illegal purposes, you can revert to your maiden name after your divorce by adding the request to your original divorce filing documents.
Your spouse cannot prevent or force you to change your name.
Contact Us Today For A Free Consultation
The Law Offices of Peter G. Aziz & Associates LLC is located in Clifton and Hackensack and provides legal services in the surrounding areas in New Jersey.