Law Offices of Christine N. Rossi, LLC FAQs

Although it is highly recommended that you have legal representation, legal representation is not required in family court matters in the state of New Jersey. However, having the expertise of an experienced family law practitioner is invaluable as you navigate your way through what is, oftentimes, an emotionally charged, daunting process. Your lawyer will provide guidance in explaining your rights and responsibilities, as well as work fervently to insure the best possible outcome. 

The paramount consideration in determinations regarding custody is creating a custody arrangement that fosters that which is in the best interest of the child/children. In New Jersey, we have legal custody, which is generally decided or agreed to be joint. Legal custody pertains to the parties' obligations to make joint major life decisions on behalf of their child/children. Residential custody, with which parent the child will primarily reside, is most often in dispute in "custody battles". In some instances, shared residential arrangements are both appropriate and feasible.  In others, shared residential custody is inappropriate or would be difficult to facilitate.  If the parties cannot agree as to a custody/parenting time plan, the opinion of an expert may become necessary to evaluate and assess the situation. Custody battles are emotionally treacherous for all involved, most significantly, for the children, and, can be costly, financially. Therefore, before embarking on a path towards litigating these issues, litigants should fully explore their options and analyze the factors considered with seasoned counsel.     

In the State of New Jersey, the only way to force your spouse to vacate the home, if he/she will not leave voluntarily, is by obtaining a restraining order against him/her.  Availing oneself of the protections of the Domestic Violence Act, however, should be limited to situations that require this relief, and, should not be utilized as a tactic. Keep in mind that in most instances, during the pendency of the litigation, it is not financially feasible to maintain two separate residences, and, interim support may be affected if one party voluntarily opts to relocate while the matter is pending.  

The cooperation and involvement of both parties is helpful, but not mandatory, in divorce matters in New Jersey. The procedure will vary, in the event one party does not participate,  but, ultimately, the divorce will go forward and a judgment will be obtained. For this reason, it is more efficient to accept the situation, participate in your divorce, and, have a say in the outcome.

Post divorce, in most instances, in the event of a changed financial circumstance, a litigant may revisit his/her support obligations. Some examples of situations where applications to modify may be appropriate are the involuntary loss of or commencement of new employment,  disability, the birth of after-born children, retirement, remarriage, cohabitation, etc. The burden is on the applicant to prove the changed financial circumstances, and, if successful, the support obligations may be revisited. Given the various factors considered and the application of legal arguments in favor of or against the modification, however, even though the application may have merit, success is not guaranteed. 

As long as an inheritance, already received, has not been commingled (meaning, used to purchase a joint asset, deposited into a joint account, etc.), your spouse does not have a claim, and, your inheritance, itself, is considered to be exempt from equitable distribution. However, depending on the size and nature of the inheritance, your rights and entitlements may vary. If you expect that your spouse will receive an inheritance in the future,  the law does not consider this speculative event at equitable distribution, nor in ascertaining one's rights or entitlements.  The receipt of an inheritance in the future, however, might qualify as a changed circumstance to revisit one's obligations or entitlements regarding support.   

Generally speaking, as long as you did not contribute to the account during the marital period, defined as from the date of the marriage through the date of the filing of the Complaint for Divorce, your premarital investments will be excluded from equitable distribution.  

The marital coverture period is from the date of the marriage through the filing date of the Complaint for Divorce. Thus, any monies, regardless of in whose name the account is held, that were deposited into a retirement account using earnings generated during the marriage, are subject to division in your divorce. That said, if the account existed prior to the marriage, or you will continue to contribute to the account post Complaint, the pre-marital and post-filing contributions will be exempt.   

While you and your spouse may have had discussions, made plans and had certain expectations, during periods of wedded bliss, regarding your future during your marriage, now that you are going through a divorce, your legal obligations and your spouse's entitlements are not bound by those discussions. In the state of New Jersey, generally speaking, a healthy litigant will be expected to continue working, presumably in a similar or greater capacity than that which occurred during the marriage, until that litigant attains the age where they become eligible to receive full retirement benefits as determined by Social Security. Thus, if your position permits you to retire at age 50, following 25 years of service, you will likely be expected, upon retirement, to secure an alternate position to continue your employment modalities until you turn 66 or 67 years.    

There are various factors that are considered in determining whether spousal support is or is not appropriate, and, this determination is made on a case by case basis. Oftentimes, threats are made during this emotionally charged process, but, those threats do not come to fruition.  

If your spouse is not abiding his/her obligations as detailed in your Marital Settlement Agreement or Judgment of Divorce,  there do exist enforcement modalities. Specifically, you may file a Motion for Enforcement of Litigants Rights, and, if support is not already being collected and paid through the New Jersey Family Payment Processing Center, you may ask that an account be established to facilitate regular payments into the future. If your spouse is not abiding his/her obligations as detailed in your Marital Settlement Agreement or Judgment of Divorce,  there do exist enforcement modalities. Specifically, you may file a Motion for Enforcement of Litigants Rights, and, if support is not already being collected and paid through the New Jersey Family Payment Processing Center, you may ask that an account be established to facilitate regular payments into the future.