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Gary Blaustein, Esq Nov. 2, 2023

Family Law FAQ

Family law matters are often some of the most challenging and emotionally stressful issues people face in their lives. From divorce and child custody disputes to alimony, paternity matters, and prenuptial agreements, some of the most serious and life-altering situations fall under the umbrella of family law. With so much on the line, having an experienced family law attorney by your side is crucial. Pursuing a favorable, fair outcome in your family law case should always be the priority, and with the right legal representation, you can feel confident in even the most difficult situation. 

For nearly four decades of experience, I have seen every type of case imaginable. I take great pride in guiding individuals and families through these storms of life as they look for pathways to a brighter, more peaceful future. If you are going through a difficult family matter that requires legal assistance, I am ready to help. Do what’s best for you and your family by contacting me—Gary Blaustein, Esq—to schedule a consultation to discuss your situation. From my office in Somerset County, New Jersey, I serve clients throughout Basking Ridge, Warren, Somerville, and Bedminster. 

I just got served with divorce papers. What are my next steps? 

If you have been served with divorce papers, you should read the papers to get a better understanding of your situation, gather as much support as you can (from friends, family, and other sources in your life), and contact an attorney for help. Time is a factor, as New Jersey law requires you to respond to the papers within 35 days or face a default judgment. 

How long will it take to get divorced in New Jersey? 

Depending on various factors (the level of cooperation between the two sides, the complexity of the issues in dispute, how busy the courts are, etc.), your divorce could take anywhere from a few months to over a year. 

What are the grounds for divorce in New Jersey? 

New Jersey recognizes both fault and no-fault grounds for divorce. For no-fault, a simple claim of “irreconcilable differences” is enough. For a fault-based divorce, the grounds include adultery, imprisonment, mental or physical abuse, abandonment, substance abuse issues, and more. 

Will I be awarded alimony? 

While alimony is not guaranteed, the court will look at multiple factors to determine if you are eligible to receive alimony, such as the length of the marriage, the financial standing of both spouses, mental and physical health, parenting responsibilities, and more. 

What is the difference between a legal separation and a divorce? 

From a legal standpoint, New Jersey does not recognize separations. Living apart will function as a separation, but there is no specific legal designation for it in the state. 

When is mediation a good option? 

Mediation can provide a viable option for divorcing couples by allowing them to move through the process with less conflict and lower costs. If you and your spouse are on good terms and able to come to agreements on all of the major issues of your divorce, mediation can be a good path to take. 

Who gets to keep the home during a divorce? 

Under New Jersey law, both spouses have equal rights to live in the family home. If you and your spouse are unable to coexist in the home during the divorce process, you will need to come to some type of agreement about who will live where. 

How do I make (or change) a child visitation schedule? 

Depending on the nature of your divorce, a child visitation schedule can be mutually agreed upon by both parties (to be approved by the court), or the schedule can be ordered by the court in more contentious situations. To officially change a visitation schedule, you need to file a request with the court. 

I’m not sure I’m the child’s father. What are my options? 

If you are unsure whether or not you are a child’s father, you have the right to file a paternity action with the court. The court may require you to submit to different forms of testing to determine whether or not the child is yours. 

What are the benefits of a prenuptial agreement? 

A prenuptial agreement allows a couple to avoid the extra hassle and disagreement regarding the division of assets in the event the marriage ends in divorce. This can potentially save significant time and expense. 

Do I need an attorney for my divorce? 

While an attorney is not required, you should absolutely have an attorney working on your behalf. If you attempt to go through the process on your own, you run the risk of being shortchanged or ending up with outcomes that do not suit your best interests. 

Get More Answers to Your Family Law Questions

If you’re experiencing a serious family issue—a divorce, child custody disagreement, paternity dispute, or another important matter—you may feel overwhelmed with uncertainty and questions about what your options are. By working with a knowledgeable family law attorney, you can get your important questions answered and start building a strategy that will put you in a position to move toward a positive resolution. Without an attorney to represent your best interests and protect your rights, you run the risk of ending up in a far less favorable position. 

If you are in Somerset County, New Jersey, or anywhere throughout the communities of Bedminster, Somerville, Warren, or Basken Ridge, and you are facing serious family issues, I am prepared to lead you in the right direction and help you seek an outcome that is best for you. I want to hear your story, explain what legal options may be available to you, and stand by your side every step of the way. Reach out to me today to schedule a consultation and get started


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