If you are living in Bergen County, New Jersey, and are or may become involved in divorce proceedings – also known as “dissolution” proceedings in New Jersey – you probably have questions about what the process is like and what kinds of issues will be covered during a divorce case. Broadly speaking, divorce cases can address a number of issues related to dissolving an existing marriage, including child custody and visitation, child support, spousal support, division of assets between the divorcing parties, and, in some cases, issuing restraining orders where abuse is a concern.
The best way to make sure your future is protected when you are involved in a divorce proceeding in Bergen County is to work with an experienced attorney who understands New Jersey's dissolution laws and family court practices. The Lento Law Firm's Family Law Team has years of experience helping clients involved in divorce proceedings in Bergan County and other family courts all across New Jersey. Call us today at 888.535.3686 or fill out our contact form and we will reach out to you to schedule a confidential consultation so you can tell us about your case and we can tell you how we can help.
An Overview of the Divorce Process in New Jersey
New Jersey's Family Courts are responsible for managing divorce cases in the state. That said, before any divorce case is allowed to proceed, the parties involved must certify to the court that they have considered alternative ways of resolving their case. The three types of alternatives are mediation, arbitration, and something called the “Collaborative Law Process.”
Each of these alternatives provides a potential way for divorcing couples to address all of the issues that need to be addressed during their divorce proceeding in a forum outside of the Family Court. While they are not for everybody and every case, these alternative ways of handling divorce issues can reduce the uncertainty and stress of the divorce process in the right cases. And even if an alternative approach is used, the Family Court must sign off on the final agreed result.
Another decision to make in a divorce case is whether to file for a “no-fault” or a “fault” divorce. Each of these have certain requirements that must be met before filing, and the Lento Law Firm's Family Law Team can help you review your situation to determine what your options are.
Whether going the “fault” or “no-fault” route, one party – the plaintiff – will file a Complaint for Divorce with the Family Court along with the other supporting documents that must be filed with it, depending on the circumstances, these include a detailed information statement, confirmation that the plaintiff has considered alternative dispute resolution options, and a confidential form that provides the court with detailed information about the plaintiff, any children they have, and their health insurance.
Once the divorce complaint is filed, the other party – the defendant – will be served with it and will have an opportunity to respond – though in some cases, the defendant may try to avoid being served and may even fail to make an appearance in the divorce proceedings at all.
In cases where the defendant either agrees to accept service of the complaint or is located and served with it, the defendant can file an answer to the allegations in the complaint and can also assert counterclaims against the plaintiff who started the divorce case. When counterclaims are asserted against the plaintiff, the plaintiff will have a chance to respond to those.
Child Custody Issues in Divorce Cases in Bergen County
In cases where the divorcing couple has minor children, the Family Court will expect the couple to have conferred about custody, support, and visitation issues. Ideally, the divorcing parents are able to agree on how they will share custody of their children going forward. Note that there are two types of custody – “physical” and “legal.”
Physical custody covers the practical issues of the day-to-day care of the child, while legal custody covers who makes important decisions about the child's life. Physical custody can be shared (“joint custody”) or can be awarded to one parent (“sole custody”), depending on the situation. Legal custody can also be joint or shared. The decisions that are made about legal and physical custody will have an effect on the Family Court's decisions concerning the amount of child support that one parent must pay to the other. When the couple is not able to agree on custody or support issues, the judge will decide on them – which is why it is typically better to try to work those issues out in advance.
Note that when it comes to children, the Family Court's focus will be on what is in their best interests. That means that even if a divorcing couple agrees on how they will share legal and physical custody and agree on how much child support will be paid, the judge may alter the agreement if the judge believes it's not in the best interest of their child or children. This is why it can be enormously helpful to work with an experienced member of the Lento Law Firm's Family Law Team when negotiating custody and support issues. We know what factors the Family Court judge will consider when evaluating custody and support agreements and can work to make sure that when a custody agreement is submitted to the court for approval, it's likely one that will be approved.
Spousal Support in Bergen County Divorce Cases
The court may also consider whether to order one spouse to pay alimony, also known as spousal support, to the other spouse. This is another issue where the divorcing couple can work to come to an agreement or leave it for the judge to decide. Here, too, in most cases, it is better to try to agree on any spousal support rather than to leave the question for the judge.
The parties can also agree on how their assets will be divided – including real estate, personal property, and bank and brokerage accounts. They can also agree on how to divide any debts that they may have. And, of course, these issues can also be left for the judge to resolve.
The Court Responsible for Divorce Cases in Bergen County
In Bergen County, the Family Court is located at the Bergen County Justice Center at 10 Main Street in Hackensack. This is where the Family Court judges and courtrooms are located. Any hearings in your divorce case will take place at this courthouse. Mediation sessions might also be held at the Justice Center but may also take place at the mediator's office or some other agreed place.
The Issues Covered in Divorce Cases in Bergen County
As noted above, divorce cases filed in Bergen County must address a number of issues. While each case is different, the Family Court judge can find themselves having to decide on any or all of the following:
- Division of real property
- Division of personal property
- Division of bank and brokerage accounts
- Division of debts
- Legal custody of any children
- Physical custody of any children
- Visitation rights and terms
- Child support
- Spousal support
- Insurance coverage issues
In many cases, all or a substantial number of these issues are agreed to between the parties. In other cases, of course, they may be vigorously and fiercely disputed.
Restraining Orders in Divorce Cases in Bergen County
Sometimes, one spouse may claim that they or the couple's children were abused by the other spouse and will ask the Family Court to issue a restraining order. The restraining order will typically direct the other spouse not to have any contact with the spouse asking for the order, or where it applies to children, that there be no unsupervised contact with the children. It can also prohibit the spouse who is the target of the order from harassing or even being near the other spouse and any children covered by the order.
There are two types of restraining orders: Temporary and Final. In most cases, if one spouse is seeking a divorce and also is seeking a restraining order against the other spouse, they will ask the Family Court to issue a temporary restraining order or TRO. The TRO is typically issued without the defendant being notified or present.
Once it is served, at some point, the court will hold a hearing, and the defendant will have a chance to challenge the TRO or, depending on the case, ask the court to modify it. After a full hearing on the request for the restraining order, the judge may then issue a Final Restraining Order, or FRO.
If you have been served with either a TRO or an FRO in Bergen County or anywhere else in New Jersey, it is vitally important that you pay close attention to what it says and that you understand what it forbids you from doing. Violating either type of order can result in you facing jail time and a fine.
It's important to understand that an existing TRO or FRO can have a significant effect on how child custody issues are resolved in your divorce case. The Lento Law Firm's Family Law Team can help you in these cases. We understand the standards that the Family Court will apply in Bergen County when deciding whether to issue restraining orders and when resolving custody issues in divorce cases. We can often help resolve matters in a way that is fair to all parties and, where children are involved, satisfies the judge that their best interests are being addressed.
The Lento Law Firm's Family Law Team Can Protect Your Rights in a Divorce in Bergan County
The Lento Law Firm's Family Law Team has years of experience helping clients resolve their divorce cases in Bergen County as well as all across New Jersey. Our attorneys have a comprehensive understanding of New Jersey's laws, rules, and regulations that relate to divorce cases, and we are ready to work with you to help you through what can be one of the most difficult and stressful times in your life.
We understand that you have concerns about being fairly treated in any divorce case, and where children are involved they have the best opportunity to move forward in a positive way. We know the issues that Bergen County's Family Court judges consider important when making custody and support decisions, and we will work tirelessly to make sure those issues are covered in any negotiations that take place. And when it's not possible to reach an agreement, we will be there fighting for you and your rights, using our experience and knowledge to put you in a position where you are ready to move forward with your life on the best possible terms.
If you have any questions about divorce proceedings in Bergen County, call us. We can be reached at 888.535.3686 or by filling out our contact form. We'll schedule a confidential consultation where you can tell us about your situation, and we will tell you how we can help.
