Frequently Asked Questions (FAQs)

Family law is a complicated and emotionally tumultuous area of law. While it is best to get your questions answered in person at our law firm, the Law Office of Robert Ricci, Jr., below are some answers to the most common questions we hear from our clients.

Q: What are the timelines involved in filing for divorce in New Jersey?

A: New Jersey requires that at least one of the two parties must be a New Jersey resident, meaning they must reside in the state for a one year period before officially filing for divorce. However, in cases where adultery was a contributing factor to the divorce, this one-year residency requirement may be waived.

For no-fault divorces, you must have had irreconcilable differences for at least six months or have lived separately for over 18 months. You may file a fault-based divorce prior to that under the right conditions.

Q: What is the difference between filing for a 'no-fault' and 'fault' divorce in New Jersey?

A: In 'no-fault' cases, parties may file after either six months of irreconcilable differences or after living separately for 18 consecutive months. 'Fault' divorce cases in New Jersey may be filed for the following reasons, among others:

  • Adultery
  • If one party is imprisoned or institutionalized
  • Significant mental or physical abuse
  • Drug abuse

Q: How long will my divorce case take and how much will it cost?

A: Unfortunately, there is no quick and easy answer to this question. The timelines and costs involved will vary depending on your family's unique circumstances. Contentious issues such as child custody, property division and support can significantly affect schedules and costs. The Law Office of Robert Ricci, Jr., approaches divorce representation with the goal of balancing your rights and best interests with timeliness and efficiency.

Q: What is the difference between joint child custody and sole custody?

A: Joint custody typically provides for the child to split their time between two parents, and allows each parent to have a role in the major life decisions of the child. Conversely, sole custody refers to only one parent maintaining physical custody of a child. Sole custody is often reserved for serious situations where a parent's presence will have a negative impact on the child's life, such as in instances of drug abuse or domestic violence.

Q: Can my children elect to resident with a particular parent?

A: While this is sometimes a factor, it would depend on a judge's willingness to entertain the children's desires as well as the ages of the children.

Contact Our Well-Respected Firm To Address Your Legal Concerns

As with all legal matters, it is essential to get practical advice and experienced counsel before making decisions which could affect your family. Call our Clark, New Jersey, firm today and set up a free consultation with an experienced attorney. Contact us at 732-587-7051 to schedule your appointment or send us an email.