Frequently Asked Questions
What is a "fault" divorce?
A fault divorce may be granted when the proper grounds are present and at least one spouse files for it. The traditional grounds for a fault divorce are as follows.
- Cruelty - inflicting unnecessary emotional or physical pain. This is the most frequently used ground for fault divorces.
- Adultery
- Abandonment - desertion for a specified length of time
- Confinement in prison for a set number of years
- Physical inability to engage in sexual intercourse, if it was not disclosed before marriage
What is a "no-fault" divorce?
A "no-fault" divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault”. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's as easy as stating that the couple cannot get along (e.g., "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage"). New Jersey grants both fault and no-fault divorce, and requires 18 months separation.
What is the benefit of filing for a fault divorce when no-fault divorces are so much less hassle?
Some states require a lengthy period of separation required before you are able to file for a no-fault divorce, and some people do not want to wait that long before filing. Also, in some states, a spouse who proves the other's fault (or greater fault, if both are at fault) may receive a greater share of the marital property or a higher amount of alimony. However, not all states allow a spouse to file for a fault divorce. Fifteen states offer only no-fault divorces, which means that a no-fault divorce is the only option even when there has been substantial wrongdoing. It's best to contact a qualified family law attorney before petitioning for a divorce, whether it is fault or no-fault, so you can be sure you are complying with your state's laws on this matter.
What is Divorce Mediation?
Divorce mediation is an alternative to traditional litigation, and offers divorcing spouses the opportunity to develop their own solutions with regard to the division of property, custody, visitation and support. Mediation offers each party the opportunity to communicate their needs and interests to the other, and work out an agreement that is acceptable to both parties. Attorney Salvaggio acts as a third party neutral and guides the parties to a solution. Contact Attorney Salvaggio for more information about divorce mediation.
How is Child Support calculated?
In New Jersey , child support is based on Child Support Guidelines which can be complicated and difficult to understand. The New Jersey Supreme Court has developed a set formula which takes into account the income of both parties and the amount of time each party spends with the child (ren). The necessary information is put into the formula and the amount of support is calculated.
How long must I pay or can I receive child support?
Child support concludes upon the emancipation of the child or children, which means child support discontinues when the child is expected to be self supporting. There is no fixed time for emancipation, however, emancipation may occur upon a child reaching majority, upon the child's graduation from secondary education, upon the child's entry into the armed forces, upon the child's marriage, upon the child's graduation from post secondary or even graduate school or at any other time that the Court believes the child is expected to be self-supporting.
Who provides child support services?
In New Jersey, the Division of Family Development (the State Title IV-D agency), county welfare agencies, the Administrative Office of the Courts, the County Family Divisions of the Superior Court and County Probation Division work together to provide support services to families. You can get child support services if you live in New Jersey, are the parent or legal guardian of the child(ren) and if the child(ren) for whom you are seeking support live with you.
How do I apply for child support services?
To apply for child support services, contact your local county office. You can get an application at your county’s Board of Social Services (or Welfare office) or Family Court. Information and applications are also available through the state’s child support services website, www.njchildsupport.org, or by calling 1-877-NJKIDS1.
What if the non-custodial parent doesn’t pay child support?
If the non-custodial parent doesn’t pay child support, Probation will take steps to enforce the court’s order. This may include requiring the non-custodial parent’s employer to take money out of his or her pay, having the past-due amount taken out of a tax refund or lottery winnings, returning the case to court or reporting the delinquency to a credit reporting agency. Probation can also execute on the non-custodial parent’s property such as bank accounts, insurance proceeds, cars, boats or real estate.
What if the non-custodial parent moves to another state?
If the non-custodial parent moves out of New Jersey , the Child Support Agency will be able to get an out-of-state employer to take the support amount from his or her wages. If this doesn’t work, a petition asking that the other state enforce your support order through its courts must be filed. The local office will let you know if this is necessary, and will help you file the necessary papers. Although there is no cost for filing the petition, some states charge a small fee for processing payments and may deduct it from the collection before it is sent to you.
