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Frequently Asked Questions

Answers from Our Hackensack Lawyers

When you are involved in a stressful and emotional family law matter throughout Bergen County, turn to a firm you can trust. At Laterra & Hodge, LLC, we are proud to have a Certified Matrimonial Trial Attorney and member of the prestigious American Academy of Matrimonial Lawyers on our team. This means that we always stay educated and up to date with the latest trends and changes in the law.

When you have questions, our Hackensack attorneys can help. Read answers to some frequently asked questions below or call (201) 580-2240 to discuss your case during a free consultation.

Is mediation right in my divorce case?

If you and your spouse can agree on certain issues, such as custody and financial support, mediation may be a good way to settle your uncontested divorce quicker and with less stress, cost, and disruption to your family’s life. Mediation allows you to sit down with your spouse and come to an agreement without having to go to court or be seen before a judge. This allows you to resolve differences on your terms in a confidential and comfortable setting.

Are premarital agreements necessary?

There are many misconceptions and benefits surrounding premarital agreements. Many believe that these are a precursor to divorce, or set up a precedent of distrust in a marriage. This, however, is far from true. Premarital agreements can help set specific terms for worse case scenarios, including death, disability, or divorce. This means that the issues you decide on now, when you are not facing a stressful situation or under emotional duress, can help you face stressful situations in the future. These agreements can lay out the terms for spousal support, equitable distribution, child custody, separate property, and other issues to help save you time, stress, and money in the future.

What is the difference between divorce and separation?

Unlike divorce, separation is not a final and complete end to your marriage. Separation allows couples a period of time to work out their issues and differences without having to go through divorce proceedings in court. There are still a number of issues to be decided, including who will move out and where children will live, but separation allows you to settle these matters for a temporary period in order to give you space and time to work out your problems, if possible.

Am I entitled to alimony?

Alimony, or spousal support is given on a case by case basis. The court will determine if a spouse is eligible based on a number of factors, including the need for financial support, the length of the marriage, expenses needed for training to get back into the workforce, the mental and physical health of the spouse seeking the award, and the lifestyle that the spouses have become accustomed to, among other factors.

Can I dispute a custody arrangement?

Based on a number of factors, a court may reconsider or amend a child custody agreement for physical or legal custody. Except in proven cases of abuse, these matters can be amended in family court.

How can I protect myself against domestic violence?

Often your best option is to file a restraining order against an offending spouse. This can not only help prevent future issues of abuse, but it will legally force an offender to stay away from you, your children, or your home. It can also limit contact via phone, email, or text to protect you from the emotional components of abuse cases.

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Hear It Directly From Our Clients

Our Passion & Drive Comes From Helping Families Like Yours
  • “Jeff is a trustworthy and knowledgeable attorney.”
    Jeff is a trustworthy and knowledgeable attorney. He was very comforting and sympathetic during a tough time. He put me at ease and explained the motions of my divorce during times where I felt frustrated. He is compassionate and very easy to talk to. I recommend LaTerra and Hodge to anyone looking for a matrimonial attorney.
    - Maria B.
  • “No doubt I'll use him again if I needed a legal advice.”
    I found Scott Laterra here on Avvo. And after viewing multiple attorneys' feedbacks, I decided to go with him. It was absloutely the right choice. He is very attentive, good listerner, will hear you and work with you. My content stems from the fact that I was not misguided throughout the process of my divorce. Majority of lawyers take advantage of the vulnerable situation and milk your bank account all out. Well, not this one. My divorce was finalized last week. He even cut me a break on my last invoice. I genuinely think he did deserve the fees I paid given his and his office proficiency. No doubt I'll use him again if I needed a legal advice.
    - Fady A.
  • “Scott is very ethical in his approach”
    Scott has my attorney on a very diificult and emotional case for the past four years. At every turn, Scott has been there for me, able to explain difficult legal issues with patience and insight on how it would impact my case. He and his partnter, Jeff Hodge, ably represented me throughout the process, succesfully arguing many of the important issues to me of the case such as custody of our children. Scott is very ethical in his approach, does not resort to overblown hyperbole, but presents strong, logical arguements that are well recieved by the courts. Scott and his firm are more than fair in their approach to billings and fees, I felt that I was a part of the process throughout the case and they always informed me of the impact to my case. I have referred two of my friends to Scott, who have needed the services of attorney, and write this open recommendation for anyone who wants a smart, ethical lawyer, they would do well having Scott as their counsel.
    - Frank M.
  • “I highly recommend Laterra and Hogde to anyone in need of a good divorce lawyer”
    It has been a real pleasure working with Scott and Valentina. They were both supportive, extremely knowledgable, and very sincere. They made my divorce less painful and kept me informed throughout the whole process. Scott was always taking the time to listen to me, and to explain to me what I had not fully understood. Thank you so much Laterra and Hodge for the spectacular job you have done for me, exactly what I have needed. You made my life a lot more peaceful. I am a stronger, optimistic and confident person because of my attorney. I was very satisfied with Scott and Valentina and I highly recommend Laterra and Hogde to anyone in need of a good divorce lawyer.
    - Frederika V.
  • “No unnecessary drama”
    Mr Laterra was my lawyer for divorce that was finalized in August 2014. I started with mediation in January with a different lawyer - which was a disaster. The mediation lawyer was not responsive. Mr Laterra worked to get the MOU done and the PSA and subsequently the divorce in a timely manner with no unnecessary drama. His paralegal, Ms. Khadkevich, is the most professional...
    - Melissa B.
  • “I am confident in recommending Scott to friends, family and associates for his outstanding legal skills and advice.”
    Scott was retained as my attorney for divorce proceedings about five years ago. From the beginning, he displayed his complete knowledge of the law and individual rights. With compassion, he worked with me to steer clear of unnecessary conflicts and expenses. During the entire process, I felt like I was with a trusted friend while receiving excellent advice. He even made himself available for many important discussions well after business hours and on weekends. Since the divorce, Scott has worked diligently to advise me on any issues that have arisen. He helped me to resolve any and all additional concerns in a very timely and professional manner. I am confident in recommending Scott to friends, family and associates for his outstanding legal skills and advice.
    - Dave Z
  • “I trust him, and no one completes this process without trust issues.”
    I entered the divorce process as a neophyte, and Mr Laterra was a partner in a larger, more established matrimonial specialty firm at the time. We were against a very 'bad one' (so described years later by a retired lawyer working in the matrimonial specialty that I met). He consistantly tried to keep the dialogue professional and keep communication clear and open. This (I later discovered) is vital to survivng the post settlement life, ever after. He was completely capable of countering all the unethical chalanges we faced with the ----, but didn't need to climb in the mud to do so. He is also consistantly honest in presenting your options, and expected outcomes. Recently he met with my best friend who had disoveries post settlement, and bluntly informed him that all he would get now from investing time, energy, and lots of money would be the mild annoyance of his former wife. So my friend decided her could do that himself for free. That's ethics. If you need to at times feel the need to go down and dirty, he won't stop you, but he will guide into doing the least damage to yourself, your kids, and the case-both long and short term. He will function as your partner in this difficult time, and be there for any fine tuning if required after (but not set it up to assure he will collect a pension from you). He is also, unfortunatly for him, self experienced. I trust him, and no one completes this process without trust issues.
    - Tony W.
  • “Worked out even better than I could have anticipated”
    A positive recommendation for Laterra & Hodge is the very least I can do in appreciation of what they have done for me. From the time that I came into the office for an "Free Consultation" Scott Laterra not only made ME - a single-mom/custodial parent in a uphill battle to get a fair chance in the NJ Family Court of Law - feel comfortable during an extremely stressful and taxing time. Unlike many other attorneys I could have selected who would've been content with money, Scott in turn selected me based on my character and desire to do the right thing. This shared value took us all the way to a successful outcome that worked out even better than I could have anticipated. I will be forever grateful for Scott's direction, compassion and dedication to see this process through. At the end of it all - it was all worth it! A special Thanks to you Scott...and Your special Tie :-)
    - Jessica A.

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