Frequently Asked Questions

Frequently Asked Questions About New Jersey Family Law

Family law matters often raise important questions about your rights, your responsibilities, and what to expect throughout the legal process. While every case is unique, understanding the basics can help you make informed decisions and feel more confident as you move forward.

Below are answers to some of the questions our office hears most often. Because every family law matter depends on its own facts, these answers are intended as general information rather than legal advice. We encourage you to contact our office to discuss your specific circumstances.

Divorce

How do I know if I am ready to file for divorce?

Only you can make that decision, but it is often helpful to speak with an experienced family law attorney before taking legal action. Understanding your rights, financial situation, and available options can help you make informed decisions before the process begins.

Every divorce is different. The timeline depends on many factors, including the complexity of the issues involved, the willingness of both parties to negotiate, and the court’s schedule.

No. Many divorce matters are resolved through negotiation or mediation before reaching trial. However, when agreement cannot be reached, litigation may be necessary to protect your interests.

Child Custody

How does the court decide custody?

Custody decisions are based on the child’s best interests. Each family presents different circumstances, and the court carefully evaluates the facts before making a determination.

Yes. If there has been a significant change in circumstances affecting the child’s welfare, an existing custody arrangement may be reviewed and modified when appropriate.

In many cases, yes. Parents who are able to cooperate often have greater flexibility in developing customized parenting plans that reflect their family’s unique needs.

Parenting Time

What happens if the other parent refuses to follow the parenting schedule?

Depending on the circumstances, legal remedies may be available to enforce an existing court order. Prompt legal guidance can help you understand the most appropriate course of action.

Yes. Children’s educational, social, and developmental needs naturally change over time. Parenting arrangements may be modified when appropriate.

Child Support

How is child support determined?

Child support is determined under New Jersey law based on the facts of each case and the applicable legal standards.

Yes. A substantial change in circumstances may justify reviewing an existing child support order.

Not necessarily. Whether child support continues depends on the circumstances of the case and applicable New Jersey law.

Alimony

Is alimony awarded in every divorce?

No. Whether alimony is appropriate depends on the financial circumstances and facts of each individual case.

Depending on the circumstances, existing alimony obligations may be modified following a substantial change in circumstances.

Property Division

Does equitable distribution mean everything is divided equally?

Not necessarily. New Jersey follows the principle of equitable distribution, which focuses on fairness based upon the circumstances of the marriage.

Retirement assets may be subject to equitable distribution depending upon the facts of the case. Certain retirement plans require additional legal procedures to complete the division.

Domestic Violence

What should I do if I have been served with a Temporary Restraining Order?

Carefully follow the terms of the order and contact an experienced attorney as soon as possible to discuss your legal rights and prepare for the court hearing.

Yes. Domestic violence proceedings may influence custody and parenting time decisions depending on the facts of the case.

Appeals

Can I appeal every family court decision?

Not every unfavorable ruling presents grounds for appeal. Appeals generally involve legal or procedural issues rather than simply disagreeing with the court’s decision.

Appellate deadlines are strictly enforced. If you are considering an appeal, it is important to seek legal guidance as soon as possible.

Grandparent Rights

Do grandparents automatically have visitation rights?

No. Grandparent visitation requests are evaluated individually under New Jersey law based on the circumstances of each case.

Depending on the facts of the case, grandparents may have legal options relating to custody or visitation. Every matter requires careful legal evaluation.

College Contribution & Emancipation

Who pays for college after divorce?

The answer depends on each family’s circumstances and, in many cases, existing agreements or court orders.

Emancipation depends on the facts of the case and does not automatically occur upon reaching a particular age.

Prenuptial & Postnuptial Agreements

Why would a couple sign a prenuptial agreement?

Many couples use prenuptial agreements to clarify financial expectations, protect assets, preserve family businesses, and support long-term financial planning.

Yes. Married couples may choose to enter into a postnuptial agreement depending on their circumstances.

Why Choose The Law Office of Robert H. Siegel?

Choosing a family law attorney is an important decision. You deserve legal representation that combines experience, thoughtful strategy, and personalized attention.

Clients throughout New Jersey turn to Attorney Robert H. Siegel because of his:

  • Exclusive focus on family law
  • More than two decades of legal experience
  • Experience as a Judicial Law Clerk in the Family Division of the Superior Court of New Jersey
  • Service as a Court-Appointed Divorce Mediator
  • Experience as a Guardian Ad Litem
  • Trial and appellate advocacy
  • Commitment to responsive communication and practical legal solutions


Whether your matter involves divorce, custody, financial support, property division, post-judgment issues, or another family law concern, our office is committed to helping you move forward with confidence.

Still Have Questions?

No website can answer every question because every family—and every legal matter—is unique.

If you have questions about your rights, your options, or the next steps in your family law matter, Attorney Robert H. Siegel is available to provide experienced legal guidance tailored to your specific circumstances.

The sooner you understand your legal options, the better positioned you will be to make informed decisions for yourself and your family.

Schedule Your Confidential Consultation Today

Contact The Law Office of Robert H. Siegel to schedule a confidential consultation and receive experienced guidance for your New Jersey family law matter.

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