Frequently Asked Questions

Simply stated, family mediation is a voluntary process where a neutral third party helps you and the other party resolve legal issues. You can use it to address matters like divorce, child custody, parenting time, and property division. It is a collaborative, non-adversarial setting.

It could be in the case minor children are involved. In many child custody cases, New Jersey courts require early mediation. The court refers the case to the Custody and Parenting Time Mediation Program before scheduling a hearing. That step gives parents a chance to find common ground and reach agreement outside of court.

No, absolutely not. The mediator does not have the power to decide your case. The mediator guides the discussion but leaves the final decisions to you and the other party. A key point to know about family mediation in New Jersey is that it is non-binding.

There is no definitive timeline, as it can vary significantly depending on the circumstances. However, if both parties are able to reach a settlement without going to trial or requiring court intervention, the process may take just a few months.

The duration also depends on the county where the complaint was filed. Some counties have significant backlogs, which can delay the process, especially if no agreement is reached.

Additionally, the timeline can be influenced by how effectively the parties negotiate and whether the attorneys are working cooperatively to help facilitate a resolution.

Bonnie is collaborative when possible and solution-oriented in her approach. However, she is always willing and prepared to advocate vigorously for her clients in the courtroom when necessary to achieve their goals.

If a settlement cannot be reached, the process may take up to a year or longer.

No. New Jersey allows for no-fault divorce based on irreconcilable differences. That means that you only need to show that the marriage has broken down for at least six months. You can still file on fault-based grounds, but doing so rarely changes the outcome and it is uncommon.

You must still file in court to finalize your divorce in New Jersey. New court directives allow for Divorce on the Papers. A substantial amount of the counties in New Jersey are allowing for final hearings via Zoom.

No. New Jersey is not a community property state. It is an equitable distribution jurisdiction. All of a couple’s marital property will be split up in a “fair” manner following a divorce. While that is a 50/50 split in many cases, that is not required by law. A top-tier Atlantic County divorce lawyer can help you navigate a property division case.

Marital property includes most assets and debts acquired by either spouse during the marriage. Among other things, your marital property may be income, real estate, retirement accounts, and even business interests. Notably, property one spouse owned before the marriage or received as a gift or inheritance may remain separate.

Marital property includes most assets and debts acquired by either spouse during the marriage. Among other things, your marital property may be income, real estate, retirement accounts, and even business interests. Notably, property one spouse owned before the marriage or received as a gift or inheritance may remain separate.

Yes, absolutely. In fact, this is common. You and your spouse can negotiate a property settlement and submit it to the court for approval. If both parties agree and the division is fair, the court usually honors the agreement. Mediation can often help resolve disputes without a trial. A New Jersey property division attorney can help.

1. Legal Custody: This refers to the right of a parent to make important decisions about a child’s upbringing, including education, healthcare, and religious training. Legal custody can be:

   – Joint Legal Custody: Both parents share the decision-making responsibilities.

   – Sole Legal Custody: One parent has the exclusive right to make decisions regarding the child’s important matters.

2. Physical Custody: This determines where the child will live and who will be responsible for their daily care. Physical custody can also be:

   – Joint Physical Custody: The child spends significant time living with both parents, allowing for shared parenting roles.

   – Sole Physical Custody: The child primarily resides with one parent, while the other parent may have visitation rights.

3. Shared Custody: This term encompasses both joint legal and physical custody, implying that both parents are actively involved in the child’s life and share responsibilities.

4. Visitation Rights: When one parent has sole physical custody, the other parent typically has the right to visit the child, often defined by a visitation schedule agreed upon by both parents or mandated by the court.

5. Primary Custodian: In cases where joint custody is not feasible, the court may designate one parent as the primary custodian, responsible for the child’s day-to-day care, while the other parent has visitation rights.

In determining custody arrangements, the court’s primary focus is the “best interest of the child,” considering factors like the child’s needs, relationships with parents, and the ability of each parent to provide a stable environment. Parents are encouraged to reach mutual agreements on custody arrangements; however, if they cannot come to an agreement, the court will make the final decision based on the child’s best interests.

Your child’s needs always come first under the law. If you and the other parent can’t reach an agreement, the court starts with the legal “best interests of the child” standard. The judge weighs factors like each parent’s ability to cooperate, the child’s relationship with each parent, stability, safety, and the child’s age and maturity.

Yes, New Jersey courts allow modifications if you can demonstrate a change in circumstance.  You can file a motion to change an existing custody order, and the court will revisit the best‑interest factors. The court approves modifications if they benefit the child. Notably, it is far easier to get a child custody modification if both parents can agree on it. 

There is a formula in place. New Jersey uses a formula that factors in both parents’ incomes, the number of overnights with each parent, and the child’s needs. The state follows the New Jersey Child Support Guidelines. They are designed to ensure fair and consistent support orders. With that being said, courts may deviate from the formula if there are special circumstances.

Yes. In New Jersey, either parent can request a modification if there has been a significant change in circumstances. Some of the most notable examples include a job loss, major income change, a change in parenting time or increased medical/educational needs. You must file a motion with the court and provide documentation to support the request. The parent seeking the change must prove it is appropriate. 

Strong enforcement action can be taken. If a parent fails to pay, the state can take enforcement actions such as wage garnishment, license suspension, seizing tax refunds or even jail. . The New Jersey Probation Division handles the enforcement of many child support orders.

You will be deemed intestate. If you pass away without an estate plan, your assets will be distributed under New Jersey’s intestacy laws. In other words, the state will decide who inherits your property, which may not align with your wishes. Another big issue is that the lack of an estate plan also creates uncertainty and the risk of serious conflict amongst your loved ones.

It depends. Though, a complete estate plan usually includes a will, power of attorney, health care directive, and possibly one or more trusts. These documents help ensure that your property is distributed according to your wishes and that someone you trust can act on your behalf if needed. Every estate plan should reflect your personal goals and family situation.

A will controls the distribution of your assets after death. A trust can offer more flexibility and privacy. Trusts help you avoid probate, manage assets for minors, and protect beneficiaries with special needs. You may not need one, but they are worth considering in many situations.

Probably. A change in your family structure―whether a divorce, the birth of a child, or something else—is a great time to have your estate plan reviewed. A top-tier Atlantic County estate planning lawyer can help you revise it as needed to protect your rights and achieve your goals. 

A prenuptial agreement is just one type of family law agreement. New Jersey recognizes several other types of family law agreements, including postnuptial agreements, separation agreements, and cohabitation agreements. These documents help clarify financial rights and responsibilities during or after a relationship. They can be enforceable if properly drafted and satisfy legal requirements.

A postnuptial agreement is similar to a prenuptial agreement,, but couples sign it after getting married. You can use it to set rules for property division or alimony in case of divorce. Many couples use postnups after major events like receiving an inheritance or starting a business.

Yes. In New Jersey, courts may enforce cohabitation agreements between unmarried partners who live together. Notably, these agreements can cover shared expenses, property ownership, and what happens if the relationship ends. Both partners must sign the agreement knowingly and voluntarily for it to hold up in court. There are special provisions for custody and visitation issues between unmarried co-parents. They need a custody agreement.

In New Jersey, courts can award several types of alimony, including open durational, limited duration, rehabilitative, and reimbursement alimony. Each type serves a different purpose depending on the length of the marriage and the financial needs of the spouses.

Alimony is not guaranteed by law in New Jersey. When determining if it is appropriate, the court considers many factors, including the length of the marriage, each spouse’s income and earning capacity, lifestyle during the marriage, and parental responsibilities. No single factor controls the decision. The totality of the case matters.

Yes, you can ask the court to modify or end alimony if circumstances change significantly. Some of the most common reasons include job loss, retirement, or the supported spouse remarrying or cohabiting with a new partner. You must show the change is substantial and ongoing before the court will adjust the order. It must have also been unanticipated when alimony was put in place.

Yes. New Jersey courts can and do enforce prenuptial agreements as long as both parties signed them voluntarily and with full financial disclosure. The agreement must be in writing and signed before the marriage. However, courts may refuse to enforce terms were signed under pressure, or that did not provide full and fair disclosure of assets or debts. 

A prenuptial agreement can address property division, spousal support, and responsibility for debts in the event of divorce or death.  Often, parties who have children from a previous marriage or relationship desire to preserve assets for their children in the event of their death. A prenuptial agreement can override the statutory requirements of what a spouse inherits in the event of their death.  However, it cannot decide child custody or child support.

Yes, you and your spouse can modify or revoke a prenup after marriage by signing a written agreement. With that being said, both parties must agree to the changes and, in doing so, they must follow the same legal requirements as the original agreement to keep it valid and enforceable.

Yes. In New Jersey, a legal adoption bestows full parental rights on the adoptive parents. In other words, the parent who completes an adoption will become the child’s parents. They gain full legal rights and legal responsibilities.

New Jersey allows several types of adoption, including agency adoptions, private (or independent) adoptions, stepparent adoptions, and adult adoptions. Each type follows a different legal process depending on the relationship between the adoptive parent and child. All adoptions must go through the court for final approval.

Yes. In the vast majority of cases, prospective adoptive parents must complete a home study. This includes background checks, interviews, and home visits to ensure a safe and stable environment for the child. However, the State of New Jersey does waive some of these requirements for close relative or stepparent adoptions.

You can apply if you are 18 or an emancipated minor who experienced domestic violence by a household member, spouse, partner, someone you had a child with, or a dating partner. Courts recognize physical abuse, threats, stalking, harassment, and false imprisonment as grounds for filing for protection.

You can first get a Temporary Restraining Order (TRO) issued by a judge without the other party present. It typically lasts about 10 days until the final hearing. At the hearing, you can seek a Final Restraining Order (FRO). That final order remains in effect until the court modifies or dismisses it.

It is a big deal. The court classifies a restraining order as a civil order that carries criminal consequences if someone violates it. In fact, police in New Jersey can arrest the person immediately if they cross boundaries, contact the protected person, or breach any terms of the order.

No. Not without first speaking to a lawyer. A criminal charge is an allegation. You have the right to raise a strong defense. The burden of proof always rests on the shoulders of the prosecution. While a plea agreement might be the right option, it should be negotiated by a defense attorney.

Technically, New Jersey does not use the terms “misdemeanor” or “felony.” Instead, the state classifies crimes as either “disorderly persons offenses” or “indictable crimes.” Disorderly persons offenses are similar to misdemeanors, while indictable crimes are more serious and carry longer potential sentences.

It depends. While that is not an option for every criminal conviction, there are many situations in which an expungement is possible. Indeed, New Jersey allows expungement of certain arrests, convictions, and dismissed charges after a waiting period. A defense lawyer with experience handling expungement cases can help.