Bergen County Family Law Attorneys — Hackensack Vicinage

Bergen County family matters are heard in Bergen Vicinage 2 Family Part at the Bergen County Justice Center, 10 Main Street, Hackensack. Avery & Avery, Esqs. has practiced before that calendar for fifty years. Robert W. Avery brings significant matrimonial trial work — including lengthy and complex disputes involving multiple family members — and Bergen County civic familiarity that includes Republican Association nominations for Bergen County Freeholder (2014) and Bergen County Surrogate (2016). We handle contested and uncontested divorce, child custody and parenting time, child support, alimony, domestic-violence (TRO/FRO) matters, and prenuptial agreements across Bergen.

For Bergen family matters, call (201) 943-2445 for a free first consultation.

Where Bergen Family Cases Are Heard

The Bergen County Family Part sits at the Bergen County Justice Center, 10 Main Street, Hackensack ((201) 221-0700). Divorce filings under N.J.S.A. 2A:34-2, custody actions under N.J.S.A. 9:2-4, support and alimony matters under N.J.S.A. 2A:34-23, and domestic-violence Final Restraining Order hearings under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq. all sit here.

After-hours Temporary Restraining Order (TRO) issuance can occur at the municipal court of the residence — Ridgefield Municipal Court for Ridgefield-resident TROs, etc. — under the PDVA’s emergent jurisdiction.

Divorce in Bergen Vicinage

Bergen divorces follow the standard NJ procedural arc:

1. Filing — Complaint for Divorce in Bergen Vicinage Family Part under R. 5:4-2
2. Case Management Order (CMO) — Bergen Vicinage CMO sets pleadings, discovery, motion deadlines
3. Discovery — financial discovery via the Case Information Statement (CIS); custody discovery if contested
4. Bergen Early Settlement Panel (ESP) — mandatory non-binding settlement conference; Bergen ESP is one of the more active in NJ
5. Mediation — court-ordered or agreed
6. Trial — bench trial in Bergen Family Part

Most contested Bergen divorces resolve before trial. Bergen ESP particularly produces resolutions on equitable distribution disputes; the panel is staffed with experienced matrimonial practitioners who push reasonable settlement.

NJ permits both fault-based and no-fault divorce. The 2007 amendment created the no-fault ground of “irreconcilable differences” with a six-month standalone certification or 18-month separation. Most modern Bergen divorces proceed on this ground.

Equitable Distribution

NJ is an equitable distribution state. The 16-factor analysis under N.J.S.A. 2A:34-23.1 governs marital-asset division. Bergen’s Vicinage 2 has well-developed practice norms on classification disputes (separate vs marital), business valuation, and pension distribution.

Bergen Custody Practice — N.J.S.A. 9:2-4

Bergen custody matters apply the best-interests-of-the-child analysis under N.J.S.A. 9:2-4. Most contested Bergen outcomes result in joint legal custody, with primary residential custody to one parent and parenting time to the other. The 14-factor best-interests analysis turns on parental fitness, history of caregiving, child preference (age-appropriate), employment responsibilities, education, religion, sibling relationships, domestic-violence history, and proximity. Read more →

Bergen Domestic Violence — PDVA

The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. governs Bergen TRO/FRO practice:

• TRO issuance — by Bergen Vicinage Family Part judge during business hours; by municipal court judge after hours
• FRO hearing — typically within 10 days of TRO issuance, in Bergen Vicinage Family Part
• Predicate-act analysis under N.J.S.A. 2C:25-19 — assault, terroristic threats, harassment, stalking, criminal mischief, etc.
• Silver / Carfagno factors per Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006)

We represent both petitioners and respondents in Bergen DV matters. FRO consequences (firearm prohibition, custody/parenting-time modification, fingerprinting in the DV registry) are substantial.

Bergen Alimony — N.J.S.A. 2A:34-23

The 2014 NJ Alimony Reform Act eliminated permanent alimony. Modern Bergen practice runs on:

• Open-durational alimony — for marriages of 20+ years
• Limited-duration alimony — for marriages under 20 years
• Rehabilitative alimony — short-term retraining
• Reimbursement alimony — repaying training contribution

The 14-factor analysis under N.J.S.A. 2A:34-23(b) controls.

Bergen Child Support

NJ Child Support Guidelines apply. Bergen guideline application inputs both parents’ incomes, the parenting-time overnight count, the number of children, health-insurance and child-care costs. Above-guideline matters (combined income over the cap) require supplemental analysis.

Schedule a Free Consultation

For a free first consultation, call (201) 943-2445 or submit through the form. For deeper background see our family law practice page and Robert W. Avery’s bio.