How Long Does The Divorce Process Generally Take in New Jersey?
In New Jersey, if the parties can reach an amicable agreement the case will take between three to six months. If you have a trial, it could take up to a year or more. The problem with a trial is that the judge does not try your case on a continuous basis until it’s finished. You get one day here, a half a day there. You may only get a couple of hours of testimony in an afternoon. The trial itself might last for a couple of months. Therefore, if you go to trial, it’s going to be at least a year, probably longer.
How Is Child Support And Alimony Decided In A Divorce?
Child Support is determined by the Child Support Guidelines. The guidelines take into account your income, alimony, daycare expenses and the cost of medical insurance for the children. The Child support guidelines will determine the recommended amount of Child Support which will cover the usual and necessary expenses for the children. However, it doesn’t cover unreimbursed medical expenses. The spouse receiving Child Support has to pay the first $250.00 per year per child for unreimbursed medical expenses. After that it is usually based upon the percentage of income between the parties. The expenses for extracurricular activities and school activities are included in Child Support, unless the parties agree otherwise. Also, each party should maintain some kind of life insurance for the children in case one parent passes away. Generally, the other parent will be the trustee of the proceeds from the life insurance.
With respect to alimony, it is based on the income of the parties. The court has 16 different factors that they look at, which include but are not limited to age, income, mobility and health. The term of the alimony is based upon the length of the marriage up to 20 years. For instance, if you’re married for 15 years the maximum amount of time you would pay alimony is 15 years. But, in all likelihood, it’s going to be less than 15 years. As you get closer to 20 years, alimony is going to be for 20 years or until you reach the age of Social Security retirement. At that point, you can make an application to the court to terminate or modify alimony.
Is There Ever An Age Where A Child Can Have Input In Their Custody Determination
There are 14 different factors that the Court looks at to determine custody, But, once a child becomes 15 or 16 years old, the child has a direct impact in regard to custody. They’re old enough to express themselves as to what they want. At that age they can dictate who they’re going to live with. However, the other parent will be entitled to visitation. When teenagers are involved, it is hard to force them to do anything. As a result, it becomes more difficult when the children are teenagers.
You also have sports and extracurricular activities to arrange around custody. These are normal activities that they want to participate in. They want to go to the mall. They want to go to high school sporting events. All of these activities have to be factored in and if the parents can work together to come up with a solution, then that is what’s best for the children. The best thing for the children is having two parents that love them and get along. If the children see that the parents are getting along, even though they are getting divorced, that’s the best for the children.
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