1) How long do I have to live in New Jersey before I get a divorce?
Generally speaking, you have to be here at least one year.

2) Are there any exceptions?
Not at the present time. There are numerous bills currently pending before the State Legislature, however. If any of these bills are actually signed into law, this could change.

3) What if my spouse lives in another state?
That makes your case more complicated, but you can get your divorce here in New Jersey.

4) What kinds of complications?
First, you need to "serve" divorce papers on your spouse out of state. "Serving papers" means giving official notice.

5) How do I do that?
By asking the court here in New Jersey for permission to serve papers in a couple of ways intended to give your spouse actual notice of the divorce.

6) For example?
You may have to hire a local constable, sheriff or process server in your spouse's home state. Sometimes you also send copies by certified mail to your spouse's residence and publish a legal notice in a newspaper selected by the court, if you don't know where your spouse is.

7) I can manage that. But is it expensive?
It depends on what the local constable (or sheriff or process server) charges. Usually fees are under $100. Publishing a legal notice in a newspaper can be expensive. Depending on the newspaper, you can spend $100 or more.

8) That reminds me, what about legal fees and other costs?
Lawyers usually charge by the hour. In this area, fees typically range from $100 an hour to $300 an hour. Court filing fees are $160 for the Complaint, plus $15 for each "motion." If your case is relatively uncomplicated (few assets and debts, or you and your spouse have agreed to everything) your divorce can cost as little as $1,000. However, the more contentious your case is, the more it could cost. Child custody experts could cost you $3,000 or more. Accountants or pension experts could each cost an additional $3,000 or more. Your attorney fees alone could exceed $10,000.

9) Either way, that is a lot a money! Can I represent myself?
Absolutely. But you would be wise to consult an attorney if you have children and assets (including a home, pension, 401-k, etc.).

10) Can I hire a lawyer on a contingent fee basis?
NO. Local disciplinary rules strictly prohibit lawyers from taking divorce cases on a contingent fee basis.

11) I'm short on cash. My spouse has all of the money. How can I hire a lawyer?
Ask your spouse to pay your legal fees.

12) Yeah, right. My spouse and I get along, but we're not that friendly. Then ask the court to order your spouse to pay. If you have children (or assets or debts), you should seriously consider consulting a lawyer.

13) What can a lawyer tell me about my own children?
Well, the lawyer tells you about parental rights and responsibilities. For example, in New Jersey parents have a duty to support children until they are "emancipated." (Typically, this is defined as the age of18, or graduation from college, among others. However, there is a laundry list of bills pending before the State Legislature that could change some or these rules.)

14) I didn't know that! I thought children were supported until they turned 18. What else can the lawyer tell me?
Every state has a set of child support guidelines. (There are also many other times when the children could be "emancipated" even if they have not reached 18, or not be emancipated even though they are well over 18.)

15) Then there shouldn't be any surprises.
Ideally. But lawyers still come up with arguments seeking to persuade the courts to deviate from the guidelines, in an attempt to obtain the best possible result for you. Also, each state has a different set of guidelines.

16) How much child support would I get here in New Jersey for my daughter, 7 years, and my son, 5 years.
Tell me how much income you have, including interest and dividends. More importantly, I need to know your spouse's income, and the cost of child care and family medical insurance.

17) Can I get alimony, too?
Perhaps. There is a lengthy list of factors to be consulted by the court in making this determination. Among these factors are the duration of the marriage, your ability to support yourself, your spouse's income. (There are many other factors, too numerous to mention here. Also, a complete discussion of these factors would fill an entire book.)

18) What happens if my spouse and I agree on everything? Do we still need a lawyer?
That depends. Settlement is the best option, but you should consider hiring a lawyer to review the papers before you sign. By the way, one lawyer cannot represent both husband and wife, even if they agree on everything.

19) Why not? If we get along, we don't need two lawyers.
Perhaps not. But any ethical lawyer will tell you that one lawyer cannot represent both opposing parties in any litigation, especially in a divorce, even if they agree. You and your spouse have possible areas of conflict that prevent one lawyer from fairly advising both of you.

20) Give me an example.
Your spouse may be paying a lot of money in child support, but cannot claim the children as dependents unless you sign an IRS form.

21) And one lawyer can't possibly take my side and my spouse's at the same time?
Exactly.

22) What about mediation?
Mediators usually recommend that the parties review the settlement with independent counsel before signing. Many mediators are actually lawyers.

23) There's no getting away from lawyers.
Perhaps not, but you can control legal fees. This is especially true if you use a mediator.

24) Is a no-fault divorce cheaper than a fault divorce?
Not necessarily. Most people are not fighting over the reason for the divorce. They fight over the property, alimony, child support, custody, and visitation.

25) Can I get more money if my spouse is at fault?
Probably not. In New Jersey the conduct or fault of the parties is only one of many factors considered by a judge before dividing assets and awarding alimony.

26) Assuming my spouse and I agree on everything, how soon can we be divorced?
Whether you file a "fault" or "no fault" divorce, you could be divorced in about a month. If you need a divorce quicker, because you want to remarry, some judges will permit you to get divorced a little quicker, if your spouse agrees.

27) And if we don't agree?
Your divorce can take anywhere from 10 months to 3 or 4 years, depending primarily on which County you live in. It also depends on the complexity of your case (the value of assets and debts, children, and the like).

28) I had no idea it could take so long. What happens if I need child support or my spouse and I can't agree on visitation?
You should file your Complaint for divorce and motions (written requests) for temporary orders of support and visitation.

29) Do I have to go to court?
Yes. In New Jersey, you appear in court at the motion session. Your spouse should be notified at least 7 days before the hearing and should have a chance to be in court.

30) We both tell our side of the story?
Yes, or your attorneys speak. The court then makes a decision and issues temporary orders.

31) Why are the orders temporary?
The orders are temporary until the court enters a divorce judgment and final orders.