Safety orders and custody deadlines come first.
Domestic-violence, same-day custody, support-enforcement, and imminent-hearing issues should be flagged as urgent legal matters.
Divorce, custody, support, alimony, mediation, domestic violence -- the matters that touch every part of a life. We handle them with care, discretion, and trial-tested preparation.
Family law touches the most intimate parts of a life -- who your children live with on Tuesday nights, what your home is worth in a divided estate, who pays the mortgage next month, whether the person you used to trust is now someone you need to protect yourself from. The certified letter on the kitchen counter. The conversations you can't unhear. The fear that whatever you say next will be used against you.
These are not the cases we approach the way we'd approach a contract dispute. We listen first. We ask the questions that matter. And we tell you with care what New Jersey law actually allows you to do -- and what it doesn't -- so the decisions you make now hold up ten years from now.
Our family-law practice runs from uncontested filings to multi-million-dollar equitable-distribution disputes. The matters below are linked to their own pages where the procedure, the deadlines, and the New Jersey statutes are explained at length.
Custody, parenting time, child support, paternity establishment, modifications, and the distinct framework for grandparent rights -- see our grandparent rights page for the Moriarty v. Bradt, 177 N.J. 84 (2003) source actual-harm analysis under N.J.S.A. 9:2-7.1 source and the parental-rights framework recognized in Troxel v. Granville, 530 U.S. 57 (2000) source .
Looking for principled answers to the questions clients ask most? Visit our New Jersey Divorce Law FAQ →
Key terms
New Jersey divorce and custody cases turn on a mix of court forms, statutory standards, and settlement language. These short definitions make the rest of the page easier to follow, and each links to the practice page where the term is explained in full.
The section below is what we tell every prospective client before they hire us. It is the procedure, the statutes, and the controlling appellate authority you should understand before you sign a complaint or a settlement. The order is not accidental: a New Jersey divorce moves through grounds, then financial disclosure, then the settlement panel, then -- only if those fail -- a contested track for property, custody, or protection. Reading it in sequence is the closest thing to seeing your own case mapped before it begins.
Under N.J.S.A. 2A:34-2 source , New Jersey recognizes nine grounds for divorce: irreconcilable differences, separation for at least eighteen consecutive months, extreme cruelty, adultery, desertion, addiction, institutionalization, imprisonment, and deviant sexual conduct. In practice, many New Jersey divorces are filed on the no-fault grounds of irreconcilable differences. You do not have to prove anyone did anything wrong. You do not have to be living separately when you file. You only have to attest, under oath, that differences between you and your spouse have caused a breakdown of the marriage and that there is no reasonable prospect of reconciliation.
In any New Jersey matrimonial matter where alimony, child support, or equitable distribution is at issue, both parties must complete and file a Case Information Statement under R. 5:5-2 source . The CIS is a sworn financial disclosure. It captures every income source, every asset, every debt, every monthly expense -- and your spouse's lawyer will read it line by line. The numbers in this document drive the alimony calculation, the child-support guideline, and the equitable-distribution analysis. Sloppy CIS work can materially affect support, property division, and settlement leverage.
Under R. 5:5-5 source , every contested matrimonial case in Somerset, Hunterdon, Morris, and surrounding counties is sent to the Matrimonial Early Settlement Panel -- the MESP. Two volunteer matrimonial attorneys read both sides' submissions in advance, then meet with both parties and counsel for a half-day at the courthouse to recommend a settlement. The MESP is non-binding, but the recommendation carries weight. Many New Jersey divorces resolve at or around this stage. Going to MESP unprepared -- without a tightly drafted memo, without a firm understanding of your CIS, without a settlement strategy -- is one of the costliest mistakes a litigant can make.
N.J.S.A. 2A:34-23.1 source lists sixteen factors a court must consider when dividing marital property. New Jersey is not a community-property state. "Equitable" does not mean "equal." It means fair, given the length of the marriage, the contributions of each party (financial and otherwise), the age and health of the parties, the standard of living established during the marriage, the income and earning capacity of each party going forward, the value of separate property each party brings out, debts and liabilities, the present value of the assets, and the tax consequences of the proposed distribution. In a thirty-year marriage where one spouse stayed home raising children, "equitable" might be 50/50 or it might tilt toward the homemaker. In a five-year second marriage with a substantial premarital business, it might be very different. The factors are real. The math is the case.
New Jersey applies a presumption of joint legal custody and a best-interests standard for residential custody under N.J.S.A. 9:2-4 source . The court evaluates a non-exhaustive set of statutory factors -- as amended by P.L. 2025, c.316 (effective January 20, 2026) -- including the parents' ability to communicate and cooperate, the child's relationship with each parent and siblings, the child's needs, stability of the home environments, the fitness of the parents, geographical proximity, the extent and quality of time spent with the child before and after separation, and others. Discovery in contested custody matters can reach social-media posts, direct messages, and digital communications that parties believed were private -- addressed in the FAQ below.
The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-19 source et seq., defines predicate offenses -- assault, terroristic threats, harassment, stalking, criminal sexual contact, and others -- that can support a Temporary Restraining Order. A TRO is issued ex parte (without the defendant present) and is converted into a Final Restraining Order, or dismissed, after a plenary hearing that the statute directs be held within ten days, though courts adjourn for good cause. An FRO has indefinite effect unless dissolved by court order and can carry serious consequences -- firearms forfeiture, fingerprinting, employment implications, and immigration consequences. We represent both petitioners and defendants. The hearing matters more than people realize.
Family-law matters are document-driven, but you do not need to gather everything before speaking with counsel. Contact us as soon as divorce, custody, support, or safety concerns are on the table. While we review your matter and schedule the consultation, these steps help protect the record.
Tax returns (federal and state), pay stubs, bank statements, retirement accounts, mortgage and credit-card statements. These feed the Case Information Statement under R. 5:5-2 source -- the most consequential document of the case. Whoever has the documents controls the narrative.
Who picks up from school, who handles meals and bedtime, who attends doctor visits, who covers overnights. Under N.J.S.A. 9:2-4(c) source , the existing pattern of care is one important part of the best-interests analysis. Write it down -- dated daily -- privately.
Marital debt is allocated under N.J.S.A. 2A:34-23.1 source ; undisclosed debts discovered mid-case can affect credibility and allocation. Pull the reports before any joint accounts are closed or modified.
Every room, every closet, every vehicle. Date-stamped on your phone. Tangible personal property has a way of disappearing during separation; photographs locked to a cloud account on your phone establish what existed at the date of complaint.
At a different bank from any joint account. Re-route at least one paycheck before filing or being served. Cash in the household becomes evidence; cash in your individual account funds the filing fee and the initial retainer.
"I'm thinking about divorce" or "I want custody" or "I'm filing a restraining order," said to the other side before counsel is engaged, can trigger protective behaviors -- money moved, accounts closed, retainer paid to opposing counsel. Call first so the opening moves are deliberate, not reactive.
Leaving the marital home before custody and possessory rights are addressed can compromise both. There are limited exceptions -- domestic violence, safety risks to children -- but in the routine case, premature departure is among the costliest errors in a New Jersey family-law matter.
Every family-law matter is different, but our pricing approach is direct. For uncontested divorces and prenuptial agreements, we offer flat-fee engagements quoted at the consultation. For contested matters -- divorce, custody, alimony, equitable-distribution disputes -- we work on a written retainer with an hourly rate disclosed before the engagement begins, billed in tenth-of-an-hour increments, and reviewed monthly. We explain the fee structure before engagement and give a realistic cost range when the facts allow one.
Fees are only half of the cost question. The other half is what a matter costs when it is handled in pieces -- a divorce at one firm, an updated will at another, a beneficiary form no one revisited. Family law rarely ends at the judgment, and the next section is the part most clients do not see coming.
Divorce silently invalidates parts of your old estate plan and leaves other parts dangerously active. Beneficiary designations on life-insurance policies and retirement accounts do not automatically update on divorce. A power of attorney naming your spouse continues to operate until you revoke it. Guardian nominations for minor children, trustee selections, and trust funding all need to be revisited. Because Simon Law Group handles both family law and estate planning, the divorce attorney and the estate-planning attorney can coordinate the legal work instead of forcing you to bridge the gap between separate firms. See our Divorce and Estate Planning page for the full overlap.
From The Simon Law Group Field Guides
A clear walk through the best-interests factors at N.J.S.A. 9:2-4(c) source , how parenting time is actually scheduled, the Bisbing source relocation analysis, and the Lepis source modification standard. Available here; no email required.
Read guide →Divorce, custody, support, alimony, equitable distribution, domestic violence, mediation, and the agreements families use before and during marriage.
Family law in New Jersey covers contested and uncontested divorce, child custody (legal and residential), parenting time, child support, alimony in its four statutory forms, equitable distribution of marital assets and debts, domestic-violence TROs and FROs, DCPP/DYFS defense, mediation, post-judgment modification, prenuptial and postnuptial agreements, and the intersection of family law with estate planning -- wills, beneficiary designations, and guardian nominations all need to be revisited around divorce or remarriage.
Uncontested matters are flat-fee. Contested matters are retainer-based with a written fee structure quoted at the consultation.
For uncontested divorces, prenuptial agreements, and limited-scope post-judgment work, we quote flat fees at the consultation. For contested divorce, custody, alimony, or equitable-distribution disputes, we work on a written retainer with an hourly rate disclosed before the engagement begins, billed in tenth-of-an-hour increments and reviewed monthly. The initial case evaluation includes the fee structure, the rate, and a realistic estimate of total cost before you decide to retain us.
Not legally required -- but the Case Information Statement, equitable distribution, and any custody or alimony dispute are decisions that bind you for years.
New Jersey law does not require attorney representation in a divorce. In practice, the documents that drive every outcome -- the Case Information Statement under R. 5:5-2source, the Marital Settlement Agreement, the parenting plan -- are filed under oath and become difficult to undo once entered. An attorney protects you from the small mistakes that compound over time: misreporting income, signing away rights you did not know you had, agreeing to a custody schedule that does not survive contact with school calendars.
Uncontested: 8-12 weeks. Contested: 12-18 months on average, longer when valuations or custody evaluations are needed.
An uncontested divorce -- both parties agree on every term and sign a Marital Settlement Agreement before filing -- typically takes 8 to 12 weeks once the complaint is filed. Contested divorces in Somerset, Morris, Hunterdon, Middlesex, and surrounding counties run 12 to 18 months on average, longer when business valuations, custody evaluations, forensic accounting, or appraisals are required. The Matrimonial Early Settlement Panel under R. 5:5-5source is the practical inflection point -- many divorces that reach MESP settle within weeks of that conference.
Under N.J.S.A. 9:2-4source, the standard is the best interests of the child, evaluated against the statutory factors the court is directed to consider -- a non-exhaustive list as amended by P.L. 2025, c.316 (effective January 20, 2026).
New Jersey applies a presumption of joint legal custody and decides residential custody under the best-interests standard codified at N.J.S.A. 9:2-4source. The court weighs a non-exhaustive set of statutory factors -- as amended by P.L. 2025, c.316 (effective January 20, 2026) -- including the parents' ability to communicate and cooperate, the relationship of the child with each parent and siblings, the safety of the child and of either parent, the input and supporting documentation of any State-licensed mental-health professional providing private therapy or other services to the child, the stability of each home, the fitness of the parents, geographical proximity, the extent and quality of time spent with the child before and after separation, the parents' employment responsibilities, the age and number of the children, and the preference of the child when of sufficient age and capacity. The federal constitutional backdrop is Troxel v. Granville, 530 U.S. 57 (2000)source, which recognizes the protected liberty interest parents have in the care, custody, and control of their children.
Yes. Private posts and direct messages can be discoverable in New Jersey when relevant to the contested issues.
New Jersey appellate courts have held that private social-media posts, direct messages, and content behind privacy settings are subject to civil discovery when relevant to the contested issues. Digital communications are authenticated under N.J.R.E. 901source. The practical rule from the day a divorce or custody dispute begins: preserve everything, delete nothing, and assume that what you post or text today may become evidence.
New Jersey is an equitable-distribution state. Marital property is divided fairly, not necessarily 50/50, against sixteen statutory factors.
Under N.J.S.A. 2A:34-23.1source, a New Jersey court dividing marital property must consider sixteen factors: the duration of the marriage, the age and health of the parties, the income or property each brought to the marriage, the standard of living established during the marriage, any written agreements between the parties, the economic circumstances of each party, the income and earning capacity of each party, contributions to education or earning power, contributions as a homemaker, the value of the property, the tax consequences, the debts and liabilities, the present value of the property, the need of a parent with physical custody, the extent of each party's separate property, and any other relevant factor. New Jersey is not a community-property state -- "equitable" means fair given the factors, not necessarily equal.
Yes. Divorce changes wills, beneficiary designations, and powers of attorney -- coordinating both in one firm prevents gaps.
Divorce silently invalidates parts of your old estate plan and leaves other parts dangerously active. Beneficiary designations on life insurance and retirement accounts do not automatically update. A power of attorney naming your spouse still controls until you revoke it. Guardian nominations for minor children, trustee selections, and trust funding all need to be revisited. Because Simon Law Group handles both family law and estate planning, the divorce attorney and the estate-planning attorney can coordinate the legal work instead of forcing you to bridge the gap between separate firms.
Simon Law Group's family-law practice is led by Joel A. Friedman, Esq., who has focused on New Jersey family law for over two decades. Joel handles divorce, custody, support, alimony, equitable distribution, and restraining-order matters from the first intake call through settlement, trial, and post-judgment proceedings. He is supported by Managing Partner Britt J. Simon, Esq. on coordinated family-law-and-estate matters where the divorce and estate plan need to move in lockstep, and by Erik Frins, Esq. and John E. Malchow, Esq. when a family matter touches civil litigation, personal injury, or bankruptcy. The team strategizes together throughout the matter; the family bench draws on civil, injury, and bankruptcy expertise when your case touches those areas, with attorney oversight throughout the engagement.
Whatever you are facing, contact us promptly. Call (800) 709-1131 or use our contact page to schedule a consultation request. We will ask short questions about the legal issue, the timing, the county, and the safest way to reach you. We will tell you in measured terms what we think your options are. And we will be honest with you about whether the matter is one we can take.
We represent clients in divorce, custody, support, and related Family Part matters across central and northern New Jersey, appearing in the vicinage where each matter belongs. Find your community below.
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