• How much will it cost me to get a divorce?
• How long will the divorce take?
• My spouse and I have agreed upon the visitation schedule of our children; will the Court change our agreement?
• How long do we have to be married in order for alimony to be awarded?
• How long do we have to be separated before we can file for a divorce?

How much will it cost me to get a divorce?
In order to have the divorce process started, a complaint should be filed and served upon the spouse. Although the complaint costs $250.00, the service fees of the complaint will vary. Additionally, you will be responsible for attorneys’ fees, which are determined by the time and effort that is devoted to your matter. Your legal fees at Kamensky – Cohen & Associates will depend upon the complexity of the case and the time that will be required to provide proper legal representation. Your financial security is always a principal concern of ours and great care will be taken to achieve your goals as efficiently as possible.

How long will the divorce take?
The divorce process is effected by the schedules of the parties involved; the courts, the attorneys and the caseload of the court system. Since all of these factors along with the complexity of the case will influence the scheduling of the hearings, no guarantee as to when the divorce will be final can realistically be made.

My spouse and I have agreed upon the visitation schedule of our children; will the Court change our agreement?
Generally the courts will not change the agreement that the spouses have. However, the courts may look into the agreement to see whether the terms are in the best interest of the children.

How long do we have to be married in order for alimony to be awarded?
When determining whether or not alimony is awarded, there are a number of factors that the courts must consider. While the length of the marriage is one of these factors, it is not the only one and each case is determined separately. In short, there are no hard and fast rules that answer this question.

How long do we have to be separated before we can file for a divorce?
If the reason you are filing for a divorce is due to separation, then the period of time required by law is presently 18 months.  However, a specified separation time is now no longer required to file for divorce and a case may be filed at any time based upon “irretrievable breakdown.”

IN NEW JERSEY

Generally speaking, there is a presumption in New Jersey that a spouse married more than ten years, whose earnings or earning capacity is less than the other spouse, is entitled to alimony.  Under these circumstances, where there is a ten-year or longer marriage, a Judge must presume that alimony will be indefinite in nature, meaning that it will continue in effect until a change in circumstances for instance, an increase in the dependent spouse’s income or re-marriage or retirement or loss of employment by the spouse paying alimony. But, even for a less than ten year marriage, alimony may be indefinite, especially where there is a large disparity in income, particularly where the dependent spouse is the primary caretaker of young children

Aside from “indefinite alimony ” as described above, there are other forms of alimony in New Jersey, as well.  For instance, “rehabilitative alimony” and “reimbursement alimony.”  Simply stated, rehabilitative alimony is alimony paid for a specified amount for a set term to enable the dependent spouse to return to work and support him/herself.  Reimbursement alimony is when one spouse is reimbursing the other for contribution to  the other spouse’s educational costs or for  supporting that spouse while the spouse was in school or furthering his or her career during their marriage.

The three types of alimony described above apply when there is a court hearing and a judge must make a decision. An agreement as to the amount and duration or alimony is presumed to be modifiable based on future circumstances unless the parties agree, in writing, that the agreement is nonmodifiable.  This is consistent with a case known as Lepis, which sets the initial standard for the assessment of alimony.  When we write a contract for alimony that is to be nonmodifiable, there is certain legal language that must be inserted in the contract which is known as anti-Lepis language.

Parties in New Jersey are, however, free to make their own agreement as to alimony although  an alimony order cannot be approved by the court in New Jersey without the judge making an inquiry as to whether or not the dependent spouse is capable of supporting himself or herself on the amount agreed.   If it is agreed to by both parties that there is no alimony, the judge must make a determination as to whether the dependent spouse can support herself on her income or assets alone.

In New Jersey, there is no set formula for alimony, so the amount of the alimony is at the discretion of the judge, or as the parties may agree.   This is unlike child support, which is subject to a set formula. Often in New Jersey, alimony is needs-based, rather than income-based, meaning that a court will look to the reasonable needs of the dependent spouse in determining what alimony is to be paid.   Obviously, the   income of the paying spouse is also a consideration since a party cannot pay in alimony more money than they make.   Generally speaking, however, alimony awards in New Jersey are higher than in Pennsylvania.
Also, if an agreement is made to divide property, including pensions, and each party gets a portion of the pension, the spouse who receives alimony will lose his/her alimony when the other spouse retires receiving only the amount of the pension agreed upon.   However, the end of alimony payment is not automatic and the person whose pension it is must go back to court to have the alimony vacated, unless he or she can reach an agreement with their ex-spouse.   This is to assure that where retirement benefits are divided, the dependent spouse cannot claim later, after receiving his or her share of the pension, that they still should get alimony based on the ex-husband or wife’s share of the pension.

IN PENNSYLVANIA

The criteria for alimony in Pennsylvania is substantially different from the criteria for alimony in New Jersey.   In Pennsylvania, indefinite alimony is much rarer and there is a set formula for alimony.   An example of the formula is as follows.   Where there is child support, the dependent spouse (for example purposes, “the wife”) receives 30 percent of the difference between the husband’s net income and the child support husband is paying, and her net income.   For example, assume the following facts for the formula: Husband makes $7,000.00 per month net income.   He pays $1,000.00 per month in child support and Wife’s income is $3,000.00 per month, net.   The calculation is as follows:

Husband's net income:   $ 7,000.00
Child Support         - $ 1,000.00
                        -----------
                        $ 6,000.00

Wife's net income:    - $ 3,000.00
                        -----------
Alimony Total:          $ 3,000.00 x .30 = $10000.00/mo

Where there are no children and the paying spouse is not paying child support, the formula is simpler.   Wife receives 40 percent of the difference between husband’s net income and wife’s net income.   Net income is defined as income after payment of taxes and all required deductions from pay.   However, various tax write-offs can be added back to the net income to make the income higher.   For example, if a person takes depreciation, depreciation is a legitimate tax write-off. However, the support court will not consider depreciation and will add depreciation back into the net income.   This is for a person who is self-employed.

In any event, the formula for alimony without dependent children is as follows:

Paying Spouse's net income        $ 7,000.00
Dependant spouse's net income   - $ 4,000.00
                                  ----------
Total:                            $ 3,000.00 x .40 = $1,200.00

In Pennsylvania, the issue of alimony is first decided by a person known as Master.   The Master is a county employee whose purpose is to mediate disputes and, if necessary, to conduct an informal hearing or inquiry into the facts.   The Master will look at each party’s income and apply the statutory criteria to come up with a result.   Generally speaking, except for very long-term marriages, alimony in Pennsylvania, or at least in Bucks County, is usually for a set term.   Often, a dependent spouse will get a greater percentage of the marital property, but the alimony will be limited to a term.

Just like in New Jersey, there are no set limits for the period of a marriage for purposes of determining alimony.   Obviously, the shorter the marriage, the less likely it is that the dependent spouse will receive alimony.   This is especially true for young couples. However, when a divorce complaint is filed, the dependent spouse may file for alimony pendente lite, which means alimony  €˜pending the divorce’ and will receive alimony until there is a final resolution.   This could take up to two years depending upon the desire of the parties to settle things promptly. However, in Pennsylvania if a spouse does not sign a Consent to Divorce, meaning the case can proceed to the Master’s office, the court can, in its discretion, say that if the consent is not signed, you will not receive alimony.

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