Archives: FAQs

You could file for divorce in New Jersey even if you or your spouse moved following separation. Under New Jersey law, you or your spouse must have lived in the state for at least the past 12 months to file for divorce here, even if the other spouse lives in another state. Alternatively, you may…

New Jersey law allows courts to grant a form of spousal support known as alimony pendente lite, which lasts for the duration of the divorce proceedings. Alternatively, you and your spouse may negotiate a support agreement if you have separated but have not yet filed for divorce, under which your spouse pays you financial support…

You and your spouse can negotiate a settlement to resolve many outstanding issues in your divorce, including the division of marital assets/liabilities, alimony, and child custody. However, a court must enter a judgment to legalize your divorce. You and your spouse can ask the court to incorporate the terms of your settlement into the divorce…

A divorcing couple may negotiate the division of their shared assets and liabilities. Couples may negotiate a prenuptial or postnuptial agreement before or during their marriage. Separating couples may reach a marital or property settlement agreement to divide their assets. However, when a couple cannot decide how to divide their assets, the court can resolve…

You have the right to appeal any final order or judgment issued by the family part. However, you must obtain permission from the court to appeal a temporary, interim, or interlocutory order.

During the pendency of an appeal, the family part’s order or judgment may go into effect. The family part may stay enforcement of the order during the appeal, which delays enforcement of the order until the end of the appeal. Or either party may file a motion with the court for a stay.

If the appellate court agrees with one or more of the issues you raised on appeal, they may order one or more forms of relief from the family party’s erroneous ruling. The appellate court may reverse or vacate the family part’s decision, reverse the decision and remand the case for further consideration by the family…

In New Jersey, an initial temporary restraining order only lasts during a domestic violence case or until the court withdraws the order. However, a final restraining order issued by a court can last indefinitely. A court can only lift a final restraining order upon the victim’s request or if the subject of the order can…

Depending on the circumstances of the case, a court can impose additional limits through a restraining order, including altering a family’s custody arrangement, ordering the defendant to pay the rent or mortgage for the family residence occupied by the victim, requiring counseling or therapy, or seizing firearms and weapons owned by the defendant or prohibiting…

Courts do not need to approve prenuptial or postnuptial agreements executed by spouses before or during the marriage. However, if spouses negotiate a marital agreement as part of a divorce, they can ask the court to incorporate the terms of their agreement into the divorce judgment. Spouses with a prenup or postnup can also request…