Law Offices of Jimmy Johnson PLLC

Divorce Attorneys in Flushing, New York State:

Divorce laws and related legal matters can be complex. As such, the Law Offices of Jimmy Johnson PLLC works closely with clients to help them get through what may be the most challenging times of their lives.

So, if you're going through a divorce, you probably have a lot weighing on your mind. The Law Offices of Jimmy Johnson PLLC can guide you through the legal issues related to your divorce so that you can focus on moving forward with your life. Therefore, the Law Offices of Jimmy Johnson PLLC would be able to:

• Review existing prenuptial agreements.

• Help you resolve child custody and visitation disputes.

• Fight to keep your parental rights intact.

• Negotiate child support and spousal support payments.

• Negotiate the division of property and marital assets.

Call us today at 347-426-8803 to talk to a compassionate lawyer about your needs and concerns.

Divorce Under New Jersey Law 

Starting a Divorce Under New Domestic Relations Laws: Under New Jersey domestic relations law, to get a divorce, you must first complete and file a “Complaint for Divorce” Formand file/submit the formwith the Chancery Division of the court.

Court Filing Fees:Courts charge the following fees each time you file legal paperwork:

The Chancery Division currently charges $300 to file a divorce complaint. If you have to file any motions (applications requesting relief) in your case, the court will charge you an additional $30 per motion. You can find the current filing fees for New Jersey courts by clicking here.  

New Jersey Court Filing Fees January 23, 2018 Clarification of Certain Rule 1:43 Fees- Notice to the Bar December 24, 2014: 

Does the $300 Filing Fee for a Complaint in Divorce Include the Parent Education Fee? 

The $300 filing fee is for the divorce (dissolution) complaint only. In applicable cases, an additional $25 may be required for the parent education feepursuant to N.J.S.A. 2A:34-12.1et seq. 

My Substitution of Attorney Has Been Returned for Insufficient Filing Fee. Is there a Fee Associated with this Document?

There is a $35 fee for substitutions of attorneyunder the “recording instruments not otherwise provided for” language of Rule 1:43in Civil Court,Special Civil Court,General Equity Court(including Foreclosure), and Family Court(for dissolution matters and post-disposition non-dissolution matters only). Please note that because of necessary programming changes that have not yet been completed, the collection of the substitution of attorney fees in Family and Special Civil became effective from January 16, 2015. 

Is there a Fee for a Notice of Appearance? 

Where the Notice of Appearance is filed as the first paper pleading in a Civil or Family matter, the filing fee is $175. Rule 1:43 provides for a $50 fee for Civil, General Equity (including Foreclosure), and Family (all dissolution matters and post-disposition non-dissolution matters only) for Notices of Appearances not filed as a first appearance in Civil or for a general appearance in Family. There is a $30 fee for a Notice of Appearance in Special Civil for the limited purpose of filing an appearance in lieu of an answer for Special Civil DC dockets. Please note that because of necessary programming changes that have not yet been completed, the collection of the Notice of Appearance fees in Family will not be effective until January 16, 2015. 

What Is the Appropriate Fee for a Counterclaim, Cross-claim or Third Party Complaint? 

The fee for counterclaims, cross claims or third party complaints is $250 if submitted as an independent, responsive pleading in Civil or in General Equity (including Foreclosure). Since these actions institute a new claim against one or more parties, for fee purposes they are treated similarly to complaints. Cross claims and counterclaims in Small Claims cases are charged a filing fee of $30. When an answer has been filed and the filing party seeks to file a counterclaim, cross claim or third party complaint, the filing fee is an additional $75, which represents the differential between the initial pleading fee of $250 and the already-paid answer fee of $175. The maximum fee charged for an answer or amended answer with a counter-claim, cross claim and/or third party complaint is $250. 

Superior Court, Chancery Division, Family Part 

Complaint (first paper) in divorce actions or actions for dissolution of a civil union or domestic partnership (N.J.S.A. 22A:2-12; Rule 1:43)…....... $300.00

Parent Education Registration (N.J.S.A. 2A:34-12.2)....................................$25.00 

First Responsive Pleading (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43).. $175.00 

Motion (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43).................................. $50.00 

Order to Show Cause (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)........... $50.00 

Motion or Order to Show Cause (Non-Dissolution).................................... No Fee 

Post-disposition Application (Non-Dissolution) (Rule 1:43)........................ $25.00

Writ of Execution (N.J.S.A. 22A:2-7).............................................................. $5.00

Warrant of Satisfaction (N.J.S.A. 22A:2-7)..................................................... $5.00 

Application for Child Support Services (45 CFR 303.2 and N.J.A.C. 10:110-7.1)................................................................................................................... $6.00

Grounds for Divorce: The court will grant a divorce under the following grounds:

 I.     No Fault Divorce:

1. Irreconcilable Differences: If you and your spouse have irreconcilable differences that cannot be resolved. You may also file for divorce if you have lived apart for at least 18 months.

II.    Fault-Based Divorce: 

1. Adultery
2. Desertion/Abandonment for More than One Year 
3. Extreme Cruelty and Inhuman Treatment
4. Imprisonment/Incarceration for More than 18 Months, 
5. Deviant Sexual Conduct, or Alcohol or Drug Abuse.

Residency Requirement:The following conditions are required:

1. You must have lived in New Jersey for a least One year before filing for divorce.
2. You may file your divorce petition in the county where you or your spouse lives. 
3. A judge in a county where you or your spouse lives may enter a decree of divorce after a court hearing.
4. There is no specific waiting period before a court can enter a decree of divorce.

Property Division: New Jersey is an equitable distribution state; thus, the court’s goal is to divide marital property in a way that's equitable and fair, but not necessarily equal.

Marital property is any property, including income, which you or your spouse acquired during marriage. So, separate property acquired during the marriage through gift or inheritance is not subject to division and remains the separate property of the spouse who acquired it. When dividing property, the court will look at factors such as the length of the marriage, each spouse’s contribution of income or property to the marriage, each party’s economic circumstances at the time of divorce, and the standard of living during the marriage.

Alimony:

The court may order one spouse to pay temporary or permanent alimony depending on the financial needs of the other spouse. To determine an amount the court may consider the standard of living during the marriage, each spouse’s earning capacity, education level, and employability, and whether either spouse needs additional education or job training. The court may also look at each spouse’s contributions to the marriage such as caring for minor children, and evaluate long it may take the receiving spouse to become self-supporting. Alimony orders may be modified by the court if either spouse’s circumstances change.

See Understanding and Calculating Alimony in New Jersey for more detailed information.

During and after divorce, one spouse may need financial support from the other—this type of financial support is known as alimony. This support allows for the supported spouse to maintain a lifestyle as close as possible to what the couple had during their marriage, at least until that spouse is able to become self-supporting.

Types of Alimony:New Jersey recognizes five types of alimony: temporary alimony, limited duration alimony, permanent alimony, rehabilitative alimony, and reimbursement alimony.

1. Temporary alimony (alimony pendente lite) is awarded to low-earning or unemployed spouses to help cover living expenses during divorce proceedings. A judge may award you limited duration alimony, based on financial need, for as long as it takes you to become self-supporting.
2. You may be entitled to permanent alimony after a long marriage if you gave up career or education opportunities in order to care for your family, or to further your spouse’s education or career. If you ask for permanent alimony, the court will examine the factors listed below to determine if you qualify, and then will determine if any of the other support orders are appropriate in addition to the permanent order.
3.  For rehabilitative alimony, the requesting spouse must submit to the court the steps to be taken for rehabilitation, the time frame, and a period of employment to occur during the rehabilitation period. Rehabilitative alimony is intended to help you get back on your feet and provide training and education so that you can be self-supporting.
4. Reimbursement alimony compensates a spouse who supported the other spouse through advanced education, and who expected to enjoy the fruits of that labor, but was not able to because of the divorce or legal separation.

The court may award any combination of these orders. This means that if the court makes an order for rehabilitative spousal support, it can also order reimbursement alimony, as well as limited duration alimony.

Alimony Awards – Factors:

When determining the amount and duration of an award for alimony, the judge will look at several different factors, including:

1. Actual needs for spouse and the other spouse’s ability to pay
2. Duration of the marriage
3. Age of each of the spouse and physical and emotional health
4. Income, Earning Capacity, Education Level, and Employability of each spouse
5.   Standard of living during marriage
6. Parental Responsibilities
7. Time and Expense Necessary to Obtain Education or Training for the Dependent spouse to become Self-Supporting, and
8.  Spouse’s financial or non-financial contributions to the marriage.

Because under New Jersey laws, there are no specific guidelines to calculate alimony or marital support/maintenance, thus, the court will make decision based on the above listed factors.

Alimony Modification and Termination:

A judge may modify limited duration alimony and rehabilitative alimony orders if there is a change in circumstances. If the court made an order based on an event that it assumed would occur, but the event did not occur, then it may modify the order—for example, if the supported spouse was not able to be rehabilitated within the expected time, or was not able to find a job to become self-supporting, the court can change the initial order.

If the recipient spouse remarries or enters into a New Jersey civil union, the other spouse must be informed and alimony payments can be stopped. (However, the supporting spouse must pay any arrearages (late payments) that have accumulated). Remarriage only terminates limited duration and permanent alimony. Rehabilitative and reimbursement alimony will continue even if the dependent spouse remarries or enters into a civil union, unless the judge orders otherwise. The death of either spouse will terminate all forms of alimony.

Alimony Payments Are Not Based on Marital Fault:

Although a court relies on a set of factors – like the spouses’ ages and earning capacity, among other things – to determine alimony payments, the law recognizes that every marriage (or civil union) is different. As such, a court can consider any other relevant facts or circumstances when calculating a fair payment. Examples include tax consequences, the equitable distribution of marital property, and even investments that may mature at a later time.

A noticeable gap in a court’s analysis of fair alimony payments is the reason why the marriage failed (called marital fault). Marital fault does not matter for alimony purposes. In other words, even a spouse who behaved badly during marriage – had an affair, for example – can still get alimony. And, the fact of the affair will not count against the unfaithful spouse unless it is economically relevant (such as where one spouse spent marital savings on a lover).

In the rare case where marital fault caused economic damage, then alimony could be either increased or reduced based on that negative impact. Also, by law, a court can’t award alimony to a spouse who commits a serious crime like murder or aggravated assault against a family member during the marriage or civil union. Likewise, a spouse who plans to kill the other – even if those plans fail – will not receive alimony. In any event, a court may deny alimony in circumstances where one spouse’s bad act makes it unjust to force the other to maintain economic ties.

When a Spouse Won’t Work:

A spouse can’t avoid alimony responsibilities by voluntarily working less or not working at all. This is because a court may “impute” income, meaning, assign an amount that the deadbeat spouse should be making, based in part on past earnings. On the other hand, a court can’t impute income where the supporting spouse becomes disabled or loses a job involuntarily—a lay-off, for example.

This rule is not meant to punish a dependent spouse who perhaps gave up a career to support the marriage or raise children. While income is not imputed to the dependent spouse, a court will evaluate this spouse’s earning capacity when deciding what kind of alimony—temporary, permanent, rehabilitative, or reimbursement—is due and how long payments should last. In this way, the law also encourages the dependent spouse to find work leading to eventual self-sufficiency.

Changing the Amount of Alimony:

While spouses can’t shirk their alimony responsibilities, they can reduce or increase the amount of alimony due, but only if a court approves it. Even if the spouses resolved the issue of alimony by separation agreement, only a court can order a changed amount. Whether a court actually modifies payments depends on how a spouse’s economic circumstances have changed and the type of alimony already awarded. 

Generally, a court reviews both spouses’ finances when deciding whether to modify the amount of alimony. A reduction or increase in payments is justified when there has been a substantial change in circumstance, such as the loss of a job. Some other reasons for modification include an increase in the cost of living, illness, disability, or when the dependent spouse moves in with a significant other. Also, if the type of alimony is limited duration or rehabilitative, then a court could modify payments where an expected event—like a spouse's completion of an educational program—has not yet occurred.

When the supporting spouse seeks to reduce payments, this spouse has the burden of proving that the lost job, for example, is a substantial change in circumstances that makes the current payment amount unreasonable. Generally, this means showing a history of earnings and the inability to make payments by other means. If, on the other hand, the dependent spouse wants to increase payments, then this spouse must prove changed circumstances, like an increase in the cost of living, that make it difficult to maintain a certain standard of living comparable to the one enjoyed during marriage.

Tax Implications of Alimony:

Any payments of alimony are tax deductible to the paying spouse and reportable as income by the receiving spouse.

Attorneys’ Fees:

If a spouse can show financial need, the court may order the other spouse to pay for attorneys’ fees.

New Jersey Statutes:2A:34-25: Termination of Alimony;  2A:34-23: Alimony, maintenance.

Child Support:

Under New Jersey laws, parents must financially support their child/children until the child/children turn 18 years old or graduate from high school, whichever is later (child is considered emancipated or liberated). Child support is calculated using the parents’ combined income and taking into consideration the child’s needs, the parents’ earning ability and economic circumstances, and the child’s and each parent’s age and health. A judge may also order one parent to pay for the child’s health insurance, medical, and educational expenses. New Jersey Child Support enforces child support obligations and can also assist you with filing for child support. To modify a child support order, the parent seeking the change must show significantly changed circumstances.

Child Custody: How the Best Interests Standard Apply in Child Custody:

Parents are encouraged to work together to create a parenting plan setting forth their custody and visitation agreement. However, if the parents cannot agree on a plan, the court will make custody orders based on what is in the child’s best interests. This means a judge will examine the parents’ ability to communicate, to cooperate, and to address the child’s physical, emotional, and educational needs. The judge will also look at the child’s relationship with parents and siblings and at the stability of each parent’s home. Once a custody order is in place, it may only be changed if both parents agree of if either parent presents evidence to the court that a modification is in the child’s best interest.

To learn more about the "best interests" standard and how it applies to child custody cases, see Child Custody in New Jersey: The Best Interests of the Child.

Courts making custody awards pursuant to separation or divorce in New Jersey must consider, first and foremost, the best interests of the children involved. This means that a child’s physical and emotional welfare are the paramount consideration in making or evaluating custody arrangements. While every situation is assessed individually, the judge begins by presuming that children benefit from maintaining “frequent and continuing contact with both parents” and from having both parents “share the rights and responsibilities of child rearing.” (N.J.S.A. 9:2-4).

Determining Factors:

New Jersey law provides courts with guidance by listing some of the factors that a judge should consider in making a decision about what’s in a child’s best interest. These generally fall into a few basic categories:

Physical Health and Safety:

A child's physical safety is always a primary concern. This includes ensuring that neither parent poses any risk of physical violence either to the child nor to the other parent; judges will take seriously any history of domestic violence. A judge who finds that a parent’s actions pose a risk of substantial harm to the child may order that custody be supervised or suspended. At the same time, unless a parent objecting to custody can prove that the other parent is abusing the child, a court will usually find that it’s in the child’s best interests to have time with each parent.

Emotional Needs:

Judges consider the general stability of the environment in each parent’s home, as well as the quality of the interaction between the child and each parent, and the extent to which each parent has participated in childcare both before and since the separation. Courts also consider sibling relationships and usually try to keep siblings together. If the judge believes that a child is old enough and mature enough to make intelligent choices, then the judge may allow the child to state a preference as to custody. The law does not specify a minimum age, but the older and more emotionally mature a child is, the better the argument that the child should have substantial input into custody arrangements.

Co-Parenting and Communication Skills:

A court will consider each parent’s ability to communicate and cooperate with the other parent. The key factor here is the ability to co-parent in a peaceful and civilized manner. Willingness to be actively involved in a child’s life is important, but a parent must not interfere with the child’s time with the other parent—a parent who does will be at a distinct disadvantage in any custody dispute.

Practical Considerations:

Practical considerations include the distance between the parents’ homes, location of a child’s school, the parents’ employment responsibilities, and the age and number of other children in each home. There is no magic formula for weighing such considerations, and it is not always possible to predict how much weight a judge may give to any particular factor.

Choosing Custody Arrangements:

Parents are free to make their own agreements about how to share parenting time, as long as the schedule does not compromise their child’s best interests. This presents an opportunity to work together to come up with a schedule that will work for everyone. Where the parties cannot agree on an acceptable plan, the court will decide. Many courts require parents who disagree about custody to attend custody mediation. In some cases the court will also appoint an attorney to represent the child’s interests, or a guardian ad litem to investigate circumstances affecting the child and make a report to the court. The parents usually must pay the costs associated with any such appointments.

Available Options in Parenting Plans:

Custody consists of both legal custody, which refers to a parent’s authority to participate in major decisions regarding a child’s health, education, or general welfare; and physical custody, which refers to the child’s physical presence with a parent. Beyond the policy in favor of shared responsibility, New Jersey law does not favor any particular custody arrangement. Joint legal custody is common, but judges often find that it’s in a child’s best interest to have a primary physical home base, with a parenting plan designating specific times to be spent at the home of the other parent. Parents who are flexible and are able to communicate well have the best chance of being able to manage a joint physical custody plan that approximates a 50/50 time share. Parents should also keep in mind that the needs of children change according to age, and plans may need to be modified and adapted as children grow.

New Jersey State Divorce Law

New Jeresy State Family Law

New York State Divorce Law