Divorce & Mediation

Covered in this article:

• How much will it cost me to get a divorce?
• How long will the divorce take?
• My spouse and I have agreed upon the visitation schedule of our children; will the Court change our agreement?
• How long do we have to be married in order for alimony to be awarded?
• How long do we have to be separated before we can file for a divorce?

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By Lawrence Tomar, Esq.
Partner Kamensky-Cohen

IN NEW JERSEY

Generally speaking, there is a presumption in New Jersey that a spouse married more than ten years, whose earnings or earning capacity is less than the other spouse, is entitled to alimony.  Under these circumstances, where there is a ten-year or longer marriage, a Judge must presume that alimony will be indefinite in nature, meaning that it will continue in effect until a change in circumstances for instance, an increase in the dependent spouse’s income or re-marriage or retirement or loss of employment by the spouse paying alimony. But, even for a less than ten year marriage, alimony may be indefinite, especially where there is a large disparity in income, particularly where the dependent spouse is the primary caretaker of young children Read This Article ›