FAQs

The attorneys at the law firm of Helfand & Associates, with offices in Livingston and Rockaway, answer your questions about divorce and bankruptcy.

Divorce Questions

Do I need to live in New Jersey to get a divorce in that state?

Yes, at least one spouse must be living in the state for at least 12 months six months before filing.

What are the grounds for divorce in New Jersey?

In New Jersey parties can now get a divorce based on irreconcilable differences for 6 months prior to filing for divorce. The parties can live together during this 6-month period. Other grounds for a divorce include 18 months separation, extreme cruelty, adultery, desertion (no sexual relations), addiction, institutionalization, deviant sexual behavior and imprisonment.

How do I initiate a divorce?

The initial pleading in any divorce is The Complaint for Divorce. A family law attorney can assist you. In New Jersey, your attorney will file a document on your behalf called a “complaint” with the appropriate Superior Court. The complaint sets forth a position regarding the children, marital assets and debts, reasons for seeking divorce. The complaint is then served on your spouse or spouse’s attorney. Nothing; however, precludes parties from negotiating settlements, regarding custody, alimony, child support, or equitable distribution prior to filing the complaint with attorneys or with the assistance of a mediator.

What should I do after receiving a complaint or petition for divorce?

After being served a petition or complaint, you have 35 days to answer. Answers are a written response where you may admit or deny each claim within the complaint and give your version of what occurred. You may also file a counterclaim, that is a claim for divorce on your part in response to your spouse’s claim for divorce. At Helfand & Associates, our legal services related to divorce include preparing our clients’ answers to divorce petitions or complaints, as well as counterclaims, if needed. We, of course, also help you to resolve the core issues in the case through negotiation or litigation.

What information will I need for an initial consultation with a divorce lawyer?

During your initial interview, your attorney will discuss the specifics about your situation, and you will have an opportunity to ask questions about the divorce process. If you are ready to start the divorce process you should gather the following items in preparation for your meeting with a lawyer: all information regarding your assets, including checking, savings, brokerage, mutual fund, 401K and other investment account statements. You will also need copies of individual and business tax returns, W-2 forms, life insurance policies and stock certificates, as well as deeds and mortgages on real estate and other properties you own. Your attorney also will ask for details about dependent children in your marriage.

What is the discovery process?

Discovery is a fact-finding process that enables the parties to ascertain what assets each side has, and what constitutes the marital estate. Through various tools, including but not limited to Interrogatories, Notices to Produce, and Depositions the parties gain all of the information they will need to arrive at a final disposition, whether by agreement or court order. The parties have the right to pursue discovery as regulated by court rules as well as, the schedule set forth by the Court as part of a Case Management Order.

Bankruptcy Questions

Will I loose my house if I file for bankruptcy?

Under the bankruptcy code, you are entitled to keep an exempt amount in your home and if you do not have more than the exemption, you are current on your mortgage payments and can continue to pay same, you can typically keep your house.

Can I keep my car in a bankruptcy?

The bankruptcy code provides you with a certain amount of equity in the car, which you can keep through the bankruptcy process. If your payments and insurance are current you can retain your vehicle through the bankruptcy process if you do not significantly exceed the exemption amount.

How long will bankruptcy remain on my credit report?

Bankruptcy can be recorded on your credit report up to ten years.

Can I discharge my student loans in bankruptcy?

Typically not, most student loans are issued through the government and they are priority debts not dischargeable in bankruptcy. Other priority debts not dischargeable are alimony, child support, and fines resulting from debtor being intoxicated from alcohol, a drug or other substance.

When you need legal advice and guidance concerning a family law, bankruptcy, workers’ compensation, a Municipal Court matter, a wills contest or guardianship, we invite you to call our office at (973) 366-3500 in Rockaway or (973) 992-2600 in Livingston to explore how an attorney/client relationship with our firm can help you resolve your legal problem.