Family & Divorce Lawyer New Jersey

At Silverberg Law Firm LLC, we strive to provide unmatched legal services at competitive and attractive rates. We have helped our clients with a myriad of legal issues and disputes involving family law all across the State of New Jersey.

We at Silverberg Law Firm LLC understand how difficult these type of matters can be, which is why always treat every case with the respect and commitment that it deserves. We rely on decades of combined experience and our extensive knowledge of family law to formulate effective legal strategies that help steer you towards favorable and reasonable outcomes. At the Silverberg Law Firm LLC, we prioritize your interests and those of your loved ones above all else.

One way in which we stand out from our competition is via our reasonable rates, which are designed to be straightforward and catered specifically to your needs. Call us today to learn more.

Count on Us for All Your Family Law Matters in New Jersey.

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To help you navigate the court system in divorce and family matters in North New Jersey, this guide will help you with an overview. Each state is different, and we focus on the North New Jersey areas, including; Bergen County, Essex County, Hudson County, Morris County, Passaic County, Union County, Sussex county, and Warren county.

It’s worth noting that the courts in New Jersey use terms ‘divorce’ and ‘dissolution’ interchangeably. They refer to the same process of ending a marriage. The spouse who files for (requests) divorce is the ‘plaintiff’ and the other spouse is the ‘defendant.’

The document that is submitted to the court to start the process is the “Complaint for Divorce/Dissolution.” New Jersey courts have four types of divorce complaint forms to start the divorce. At least one spouse must be a New Jersey resident for at least 12 consecutive months before filing for divorce.

Filing Your Divorce

The plaintiff is required to file for divorce in the county where the reason you gave for the divorce actually happened – even if you do not reside in that county anymore.

To find the court for your county, go to the state court website at www.judiciary.state.nj.us. Click on the “Courts” tab. Go to the link for “Local Courthouse Addresses” and scroll down for your county courthouse.

Service of The Divorce Complaint

You will receive a copy of the complaint stamped ‘filed’, and you then fill out the summons and attached proof of service. The defendant must be served with a copy of this divorce paperwork by New Jersey law. This can be:

  • A copy of the petition from the county sheriff where the defendant lives or works. The sheriff will charge a fee for this.
  • Receiving a copy of the divorce paperwork by U.S. mail. The other spouse will have to sign for the complaint and the post office will send you a receipt.
  • Contact the defendant’s attorney and ask if he or she will agree to accept a copy of the divorce paperwork.

Once The Divorce Paperwork Has Been Served

The defendant has 35 days after they receive the paperwork to take action. They can do one of the following:

  • They may file an “Appearance,” which means the defendant does not object to the divorce, but may object to what the plaintiff is asking for, such as issues like custody or support.
  • They may file an “Answer,” in which the defendant agrees or disagrees to the statements in the complaint.
  • They may also file a “Counterclaim,” in which the defendant can state new reasons for the divorce. There is a court filing fee for the counterclaim.

Child Custody

There’s also the matter of child custody to consider if you are divorcing somebody with whom you have children. Child support in New Jersey is determined by child custody. You need to consider where your children will live and arrangements for holidays and work from there.

New Jersey precedent prefers joint legal custody except in extreme cases. Physical custody pertains to where the children will live. Although possible to have a 50/50 physical custody arrangement, it may not actually be feasible depending on various factors – career obligations, location, etc. In New Jersey there will usually be one “parent of primary residence” (the “custodial parent”) and one “parent of alternate residence,” allotted a certain amount of time with the children.

If you go to trial, a judge will decide the best course of action. They could be deciding what’s best for your children, and you will need to abide by that decision. This is why it’s often better to mediate and come up with a decision on what’s best for your children together. Putting your child’s interests first will be better for everybody.

As divorce proceedings and family matters can vary depending on what state and county you’re in, it’s important to read up on what to expect before going ahead. We can provide advice for people who are located in the following counties:

  • Bergen County
  • Essex County
  • Hudson County
  • Morris County
  • Passaic County
  • Union County
  • Sussex county
  • Warren county

We will take a lot of the stress out of these proceedings for you and help you every step of the way. We can advise you on what to do, as well as brief you on what to expect if your divorce/family issue does end up going to court. Overall, we want to achieve the best possible results for our clients in all North New Jersey counties and will work tirelessly to do so.