Frequently Asked Questions

Divorce Eligility and Grounds
Process and Procedures
Division of Property
Child Support
Spousal Support and Maintenance
  • Will my divorce be prepared and filed by an attorney?

    Absolutely. When you retain Yaniv & Associates, you will have the benefit of a professional, full-service law firm. Your case will be assigned to a dedicated attorney who will review your case information, offer guidance, and prepare all required legal documents. You will also have access to our support staff and paralegals who are always ready to assist. We are a team of super-friendly, knowledgable, and experienced Attorneys, Paralegals, and Legal Assistants. Don't be fooled by our affordable rates. We employ cutting edge technologies and systems to keep our administrative costs low and, in turn, offer you an exceptional client experience for a very reasonable fee.

  • How much will I need to pay in Court Filing Fees?

    Currently, the cost of a Complaint for Divorce in the State of New Jersey is $300.00. There is an added cost of $25.00 for a Parent Education Registration class which MUST be paid by parties seeking a divorce who have unemancipated children. In addition, if the matter becomes contested and there is a need to respond to further pleadings, the cost of an Answer & Counterclaim or Answer to Counterclaim is $175.

  • I am experiencing financial difficulties, but I would like to file for divorce. Can the court fees be waived?

    Yes. If you meet the financial requirements, you can file a Certification/ Petition/ Application in Support of a Fee Waiver requesting the court waive the filing fees. In order for it to be approved, you must also submit proof of your financial circumstances.

  • Will I get a "divorce certificate" once my divorce is finalized?

    The goal in the State of New Jersey is to finalize the divorce proceedings within a year of filing the complaint for divorce. While some matters are settled expeditiously, others are not. Usually, when a divorce is uncontested, the matter usually settles in less than three (3) months, depending on the court calendar and the judge’s availability.

  • What does the process look like once the complaint for divorce is filed in an uncontested divorce?

    • After the complaint for divorce is filed, the spouse filing the complaint, also known as the plaintiff, must serve the other spouse, the defendant, with the complaint for divorce.
    • Once the defendant has been served with the complaint, he or she must file an Answer to the Complaint within thirty-five (35) days.
    • If the defendant does not file an Answer to the Complaint, the attorney can file a request to enter Default.
    • If there is an agreement signed by the parties, the request to enter default will lead to an uncontested hearing to finalize the divorce.
    • If there is no agreement signed by the parties, the plaintiff must serve the defendant with a proposed final judgment 20 days before the default hearing. Afterwards, a default hearing to obtain a judgment of divorce takes place.
  • What guarantees do you offer?

    We stand by our commitment to our clients. At Yaniv & Associates, client satisfaction is our highest priority, and this is evidenced by the thousands of happy customers who have used our services over the years. Our promise to you: we will do our very best to ensure that your divorce is completed professionally and in a timely manner and with minimal stress or legwork on your end. Our staff and attorneys are available for questions or to resolve any issues during normal business hours. When you contact our offices, you will be treated with the professionalism, compassion, and courtesy that New Yorkers have come to expect from our firm.

  • Will my spouse or I need to appear in Court at any time?

    Due to the world pandemic of COVID-19, courts in the State of New Jersey are closed to the general public and will not reopen at this time. However, judges are handling all matters virtually. If any appearance is necessary, same will take place on Zoom, Webex, or another digital platform.

  • What documents will be necessary for the filing of the complaint for divorce?

    Usually, attorneys in the State of New Jersey will only need information such as current address of each party, names and dates of birth of any children, and general identification information (like license numbers and social security numbers) before a complaint can be filed.

  • Will I need to file any documents with the Court?

    No. Our flat-fee legal services include all filing requirements and non-litigation submissions to the Courts. Neither you nor your spouse will need to file or submit any documents to the Court.

  • How will our divorce documents be sent to us for review and signature?

    You (and your spouse) will have the option of receiving your documents by one of four methods:

    • Secure Email Download
    • USPS Mail
    • FedEx (additional fees apply)
    • online notary platform

    Legal documents sent via email will arrive electronically in PDF format and may be downloaded and printed using a secure link provided by our offices. The PDF download will include instructions on how to properly sign and notarize your documents. All documents will arrive complete and signature-ready.

  • Do I need to have my documents notarized?

    In the State of New Jersey, your divorce attorney can notarize your divorce documents.

  • Do you require original signed documents or may we email or fax copies?

    • Yes. At this time, the State of New Jersey requires original documents as part of the filing process for the complaint for divorce.
    • Due to the world pandemic of COVID-19, the courts are accepting e-signed original documents.
  • If my spouse and I reconcile, can we stop the divorce?

    Yes. We can stop the proceedings by consent of both parties before the court enters the Judgment of Divorce. Usually, the courts will require the parties to enter into a Stipulation of Dismissal.

  • If our reconciliation does not work, will I need to refile for divorce?

    If your attempt at reconciliation did not work, and you would like to refile for divorce, you may do so by asking your attorney to file another complaint for divorce. If a short period of time has elapsed, then the original complaint for divorce can be reinstated by motion.

  • When is a divorce final?

    A divorce is considered to be finalized once the court has signed and entered the Judgment of Divorce, which at times incorporates a Marital Settlement Agreement.

  • Am I able to resume my maiden name after a divorce?

    Yes. The court will enter a Name Change Order at the same time it signs and enters a Judgment of Divorce.

  • Will my divorce be recognized in another country?

    Yes. However, if you will be entering your Judgment of Divorce in a foreign jurisdiction please be aware that, in many instances, you may need to have the Judgment of Divorce authenticated by the U.S. Department of State that issues both Authentication Certificates and Apostilles. If you intend to present your Judgment of Divorce to a foreign jurisdiction, please be sure to discuss this with our legal team.

  • Can social media affect my divorce?

    We live in the Age of Information and as such should be mindful of our online presence and posts on platforms like Facebook, Instagram, and Twitter. It is important to keep in mind that anything you post online regarding your divorce our children can later be used against you. As such, it is encouraged that you refrain from mentioning the litigation or the matter online.

  • I am unemployed and do not have any income, can the Court Filing Fees be waived?

    If you do not have enough money to pay the court costs and fees for your uncontested divorce, you may ask the court to permit you to proceed without having to pay the court costs. An application for "poor person's relief" is made by motion and must be supported by an affidavit which must set forth the amount and sources of your income, and list your property with its value; state that you are unable to pay the costs, fees, and expenses necessary to proceed with an action for divorce. You will be required to document your income. If the judge approves your application, the judge will sign an order listing which fees and costs you do not have to pay.

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