How long will it take to get divorced in NJ?

Posted on January 13, 2016 by Sandy Durst

As with any difficult experience, individuals going through a divorce want the process over sooner rather than later.  While this is certainly understandable, rushing the process can have serious consequences.Working with your attorney can help make sure that not only does your divorce get done quickly as possible, it gets done correctly.
The NJ Family Coury system has instituted a goal of having cases resolved within one year of the filing of a Complaint for Divorce.  This is a reasonable and realistic goal in many situations.  However, given the unique facts and variables of each case, some matters can be resolved quicker while others may extend beyond one year.
In my experience, it is the readiness or willingness of the litigants to move productively through the process (or not) that can have the greatest impact on the timeline of the case.  Each party process the issues at their own pace and in their own manner.  A case cannot settle until the parties are ready to settle.  For those cases that cannot be settled, the need for a trial can greatly add to the time and expense of the divorce.  
There are several tips I can offer on how to move through the divorce process as efficiently and effectively as possible.  First, work with an attorney you feel comfortable with and trust.  As attorneys, we frequently need to give our clients advice or news they may not want to hear.  If you trust your counsel, it is easier to accept such information and you can be confident that it is being offered in your best interests.

Second, work with your attorney to establish your priorities and goals for the divorce.  By doing so, you can both focus your energies and efforts on these select points and minimize distractions.
Third, understands no accept that a divorce is not a “winner take all” event.  Each side will need to compromise on any number of issues.  Developing your list of goals as suggested above can help define which issues you are more willing to compromise on in order to achieve your main objectives.
A divorce takes time and it will not always proceed on a clear and consistent trajectory.  My goal is to navigate clients to the end as quickly, efficiently, and effectively as possible.

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Can I change my last name as part of my divorce?

Posted on January 2, 2016 by Sandy Durst
What's my name?

What’s my name?

 

As part of a divorce, one thing women may request is permission to change their last name.  In those cases where the one spouse has assumed the surname of their now ex-spouse, dropping his last name can be a cathartic move.  This post will outline the process of seeking a name change in a New Jersey Divorce.

Can I change my last name after my divorce?

The simple answer is “Yes”.  Asking the court to authorize a change in your surname is one form of relief a litigant in a NJ divorce case can request.  It is important to note that you cannot force or require the other party to change their name as they are not required to do so.  The choice lies with the individual who changed his or her name.

Procedurally, this request should be contained in the Complaint for Divorce.  Most importantly, it should be contained in the Final Judgment of Divorce and the Settlement Agreement.  Having the name change established in a court order will streamline the process of changing your name with DMV, Social Security, and any other agency you may need to work with in order to effectuate the change.

 

Do I have to go back to my birth name?

While most people choose to go back to their birth name, doing so is not the only option.  I have seen situations where the party wanted to re-assume the name from a prior marriage.  Interestingly, when seeking a name change you ar NOT required to assume any of your former names.  You can choose any last name you want! Start your post-divorce life with a brand new name!

 

What are the legal requirements to change my name?

The requirements are straightforward and make sense.  Whether testimony on the following points is offered in person at the final hearing or contained in a certification, the court will want to know:

  1. Your current surname
  2. The surname you wish to adopt
  3. Your social security number (generally just the last 4 digits)
  4. The reasons you want to change your name

As for the reasons, the focus is that you are seeking the name change for personal reasons and not in an effort to avoid creditors or criminal charges.  Assuming the request is being made in good faith and for personal reasons, the court will grant the request.  Remember, that the name change request typically only pertains to the spouse.  If a parent decides to change his or her last name as part of the divorce, it does not automatically allow for the last names of any children of the marriage to be changed.  There is a process by which the last names of children can be changed, it is much more involved and by no means automatic.

 

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My spouse and I would like to use you for our divorce. Can we do that?

Posted on December 28, 2015 by Sandy Durst
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Every now and then I’ll get a call from a prospective client who inquires as to whether or not I can represent both the husband and wife.  As an attorney, I cannot represent both parties in a divorce.

As an attorney, my professional and ethical obligation is to my client.  Remember, the American justice system is an adversarial process.  By design, each side to a dispute has the opportunity to argue their case, present their facts, and seek their justice.  I cannot take action that is adverse to the interests of my client.  It is this responsibility that makes it impossible for one attorney to properly represent the interests of both spouses in a New Jersey divorce.  Any action I recomend on behalf of one party would most likely be adverse to the other side.

When consulting with prospective divorce attorneys, don’t fall for one who claims to be able to represent both of you.  While the majority of my colleagues are ethical and practice in compliance with the court rules and ethics rules, there are those who don’t.  If the attorney you are meeting with is willing to break the rules (or equally as bad, doesn’t know the rules) at yur first meeting, you will surley experience additional problems down the road.

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Why I choose to be a divorce attorney.

Posted on December 24, 2015 by Sandy Durst

Being a divorce attorney can be a frustrating line of work.  It is fraught with practical, emotional, and financial challenges.  Sometimes the “system” just doesn’t work the way it should.  There are times when it is not possible to achieve a client’s goals and that can be disappointing for both the client and me.

With all that being said, it is still an incredibly rewarding areas of the law in which to work. Kind works such as these from my former client, John LeMasney, make it all worth while.

“Sandy is a kind, thoughtful, and thorough counsel in matters like the one I mentioned. Highly recommended to anyone suffering through divorce in NJ. Highly highly highly. Thank you for the relief, and Merry Christmas.”

I offer his comments not to pat myself on the back, but with the hope that others going through the pain of divorce can take comfort in the fact that there is relief, there is a light at the end of the tunnel. Thank you, John, for your kind words and thank you to all my clients who have trusted me with being their attorney over the years.  It is a privilege to work for you.

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I was served with a Complaint for Divorce: now what?

Posted on December 21, 2015 by Sandy Durst

The range of emotions someone experiences when served with a Complaint for Divorce are varied. Some are shocked. many are angered.  Confusion is common and I’ve even had some clients confess they were relieved.  Regardless of your emotional response, a legal response is necessary.
Don’t ignore the Complaint and hope it goes away

If you were served directly, you probably signed for the paperwork.  The date you signed for the Complaint is of critical importance.  The clock is now running.  Under the New Jersey Rules of Court, you have 35 days in which to prepare and file your response to the Complaint.  Typically, that response takes the form of an Answer or an Answer and Counter Claim.  You can prepare these documents on your own or you an hire an attorney.

We generally have a tendencey to ignore bad news and hope it goes away.  While certainly understanable, such an approach can lead to disaterous consequences in your divorce.  And here’s how.
Being held in default

If the parrt who filed the Complaint can establish that you were properly served with the Complaint, are not on active duty with the military AND the thirty five day period for you to respond to the complaint has expired, he or she can request the court to find you in default.
What does it mean to be held in default?

The system works best when both parties are involved in the process.  However, the filing party also has a  right to obtain a divorce.  Being held in default removes your right to particiapte in the proceedings.  You may not get a say in how your divorce is finalized.  You cannot prevent a divorce from happening by failing to respond in a timely manner.  You are only hurting yourself.  The court rules prescribe a detailed procedure the plaintiff must follow in order to proceed on a default basis.  But if these requirements our met, the case will be concluded and your rights and finances will be greatly impacted. As the old saying goes, he or she who hesitates is lost.
What can i do to prevent a default from taking place?

As discussed above, the first, and best, way to avoid being held in default is to properly respond to the Complaint within 35 days of receiving it.

If you have not complied with the initial 35 day filing deadline, you must act quickly to preserve your rights.  An attorney can be helpful in this regard.  Steps to take include: requesting additioanl time to answer, filing a objection to the reqeust to enter default, and/or appearing at any scheduled court dates to  note your objection and reqeust permission to participate in the divorce process.
The Durst Firm can help

If you find yourself in default, consider consulting with an experienced divorce attoreny immediatley as time is of the essence.  The Durst Firm has the expeience to deal with these situations.  Don’t let inaction impact your future.

 

The Law

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