Serving Families For Over Four Decades In Sensitive Legal Disputes

Effective Guidance During The Difficulty Of Divorce

For many people, divorce is one of the most difficult transitions of their lives. Creating two households from one that was shared often requires couples to divide financial assets, pensions and retirement accounts, businesses, personal property, real estate and, perhaps most importantly, their time with their children.

Laurie A. Bernstein is a distinguished Essex County, New Jersey, family law attorney who has more than 40 years of legal experience. She provides clients with practical guidance in divorce planning, ethical legal advice and strong, diligent representation when they need it most.

Attorney Bernstein serves clients throughout Central and northern New Jersey. Call her Roseland office at 973-567-3591 to schedule a confidential evaluation of your case.

Skilled Advocacy On Your Side

Ms. Bernstein is committed to protecting her clients’ rights while assisting them in reaching an acceptable agreement through negotiation and mediation. When reaching an agreement is not possible, Ms. Bernstein has the experience and litigation skills to go to battle for her clients at trial. Her knowledge, experience, attention to detail and thorough approach help ensure that she is ready for any challenge her clients might face, including those involving:

With an unwavering dedication to her clients, Ms. Bernstein goes above and beyond to help find solutions for her clients. She works closely with clients, learning about their unique situations and concerns.

Common Divorce Concerns

Is New Jersey a no-fault divorce state?

New Jersey is a no-fault divorce state, which means divorce can be less complex. You can request a divorce based on irreconcilable differences.

Is there a waiting period for divorce in New Jersey?

No. There is no waiting period for a divorce in New Jersey. This means you can file for a divorce, and the courts can grant it as soon as the paperwork has been properly filed and completed and any issues pertaining to the divorce are resolved.

How long does divorce take?

There is no set amount of time a divorce can take. Each case and everyone’s circumstances are different, which is why it is vital to have an experienced and skilled attorney who can help guide you through the various processes, mitigate risks and delays, and find solutions to your divorce in a timely manner.

What is the difference between contested and uncontested divorce?

A contested divorce involves disputes between the spouses over issues such as asset division, child custody or support, and they require court intervention to resolve. By contrast, an uncontested divorce is when both spouses agree on all major issues and settle their differences reasonably amicably. Many uncontested divorces proceed without the need for a lengthy court battle.

Can you modify child support or custody agreements post-divorce?

Yes, both of these orders can be modified amid substantial life changes. However, only the court has the authority to alter your child support or custody orders. Do not attempt to change the terms of your court orders on your own, as it could lead to legal challenges. The court will focus on the child’s best interests in modification petitions, and you may need to show good-faith reasons for a modification.

For instance, demonstrating you have taken a new job and need custody alterations, or have undergone financial changes and need to modify child support payments.

How is alimony determined, and can it be adjusted later?

Alimony is determined on a case-by-case basis in New Jersey. The court will consider each party’s income and their parental roles and responsibilities. The length of the marriage and additional factors may also play a role in alimony determinations. A common formula is to determine the net difference between each party’s income and set alimony at around 25% of that total. However, each case is unique.

Alimony can be adjusted in the future. It is necessary to petition the court to modify the existing order. As with child support and other court orders, do not make unofficial modifications on your own and follow the terms of your orders until formally modified.

Can you get a divorce without going to court?

In New Jersey, you have the option to pursue a divorce outside of court if you and your spouse can agree on major issues. In amicable situations, spouses can collaborate, often with the help of a mediator or a neutral third party, to resolve matters involving children and the division of marital assets. This approach may eliminate the need to litigate the divorce before the court.

However, you may still need to attend an initial hearing to obtain the court’s approval for your divorce agreement. This method can facilitate a quicker and more affordable divorce process.

Contact A Montclair Contested Divorce Attorney

To schedule a confidential consultation with an experienced Essex County divorce attorney, contact The Law Office of Laurie A. Bernstein, P.C. at 973-567-3591 or by email.