FOL. V·Family Law

Avery & Avery, Esqs. is a premier Bergen County family law practice with deep matrimonial trial experience. Robert W. Avery’s significant matrimonial trial work — including lengthy and complex disputes involving multiple family members — is one of the firm’s most distinctive credentials. Our family practice covers contested and uncontested divorce, child custody and parenting time, child support, alimony, domestic violence (TRO and FRO), and prenuptial agreements across the Bergen, Hudson, Essex, Passaic, Morris, and Sussex County Family Parts.

If you are facing a contested matrimonial matter, a custody dispute, a domestic-violence issue, or a support modification, the consultation is free. Call (201) 943-2445.

Where NJ Family Cases Are Heard

NJ family matters route to the Superior Court Chancery Division — Family Part in the county of the parties’ residence. For our home county that is Bergen Vicinage 2 at the Bergen County Justice Center, 10 Main Street, Hackensack. Hudson family matters go to the William J. Brennan Court House, 583 Newark Avenue, Jersey City. Each county has its own Family Part calendar, judge rotation, and Case Management Order conventions.

Divorce in NJ — Contested and Uncontested

NJ permits both fault-based and no-fault divorce under N.J.S.A. 2A:34-2. The 2007 amendment created the no-fault ground of “irreconcilable differences” with an 18-month minimum separation or a 6-month standalone certification of irreconcilable differences. Most modern NJ divorces proceed on the no-fault ground.

The procedural arc:

1. Filing — Complaint for Divorce filed in the Family Part of the county of residence (R. 5:4-2)
2. Case Management Order (CMO) — sets pleadings, discovery, and motion-practice deadlines
3. Discovery — financial discovery via the Case Information Statement (CIS); custody discovery if contested
4. Early Settlement Panel (ESP) — mandatory non-binding settlement conference for asset-division
5. Mediation — court-ordered or agreed
6. Trial — bench trial; no juries in family matters

Most contested divorces resolve before trial. The settlement value is shaped by the trial-readiness of the position you take. Read our blog post on divorce in NJ →

Equitable Distribution

NJ is an equitable distribution state, not a community-property state. Marital assets and debts are distributed “equitably” — fairly, not necessarily equally. The 16-factor analysis under N.J.S.A. 2A:34-23.1 controls. Pre-marital assets, gifts, and inheritances are generally separate property unless commingled.

Child Custody — N.J.S.A. 9:2-4

NJ custody analysis turns on the best interests of the child under N.J.S.A. 9:2-4, applying the 14-factor framework: parental fitness, history of caregiving, child’s preference (where age-appropriate), employment responsibilities, education, religious upbringing, sibling relationships, history of domestic violence, and the geographic proximity of the parents’ homes.

NJ recognizes:

• Joint legal custody — shared decision-making (the modern default absent unfitness)
• Sole legal custody — one parent’s decision-making authority
• Joint physical / residential custody — substantially shared parenting time
• Sole physical / residential custody — primary residential parent with parenting time for the other

Modifications require a “substantial change in circumstances” and a re-application of the best-interests analysis.

Read our blog post on the best-interests factors in NJ custody →

Child Support

NJ child support is set on the Child Support Guidelines (Appendix IX-A through IX-H of the NJ Court Rules). The guidelines input both parents’ incomes, the parenting-time overnight count, the number of children, health-insurance and child-care costs. Above the guideline income cap (currently $187,200 combined), supplemental above-guideline analysis applies. Modification requires a substantial change in circumstances; emancipation under N.J.S.A. 2A:17-56.67 is the typical termination event.

Alimony — N.J.S.A. 2A:34-23

The 2014 NJ Alimony Reform Act eliminated permanent alimony and created four duration categories:

• Open-durational alimony — for marriages of 20 years or more, no fixed end date but subject to modification on retirement or cohabitation
• Limited-duration alimony — for marriages under 20 years, term generally not to exceed the marriage’s length
• Rehabilitative alimony — short-term to allow the recipient to retrain / re-enter workforce
• Reimbursement alimony — to repay financial contribution to the other party’s professional training

The 14-factor analysis under N.J.S.A. 2A:34-23(b) controls amount and duration. Read our blog post on the types of alimony in NJ →

Domestic Violence — N.J.S.A. 2C:25-17 et seq.

The NJ Prevention of Domestic Violence Act (PDVA, N.J.S.A. 2C:25-17 et seq.) provides civil protective relief alongside the criminal track. The mechanism:

• Temporary Restraining Order (TRO) — issued ex parte by a Superior Court judge or, after-hours, by a municipal court judge
• Final Restraining Order (FRO) — issued after a hearing, typically within 10 days of TRO issuance
• Predicate-act — the plaintiff must establish a predicate act under N.J.S.A. 2C:25-19 (assault, terroristic threats, harassment, stalking, criminal mischief, etc.)
• Silver / Carfagno factors — the two-prong analysis from Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006)

We represent both petitioners (plaintiffs) and respondents (defendants) in DV matters. The FRO consequences — firearm prohibition, custody-and-parenting-time modification, fingerprinting in the domestic-violence registry — are substantial. Read our blog post on filing a NJ restraining order →

Prenuptial Agreements

NJ enforces prenuptial agreements that satisfy N.J.S.A. 37:2-31 — in writing, signed before marriage, supported by full and fair disclosure, with the option of independent counsel for each party. We draft and litigate prenuptial agreements regularly.

Where We Practice Family Law

• Bergen County Family Part — Bergen County Justice Center, Hackensack. Bergen County family law →
• Hudson County Family Part — William J. Brennan Court House, Jersey City
• Essex / Passaic / Morris / Sussex — full coverage

Schedule a Free Consultation

For a free first consultation, call (201) 943-2445 or submit through the form. For our fees on family matters, see the fees page.