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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
  • “I can highly recommend Scott for anyone who is undergoing a divorce”
    I have used services of Scott Laterra for my divorce. He was very helpful and knowledgeable. He provided invaluable expertise to make sure that my case is resolved in the most beneficial for me manner. Scott was always suggesting ways to minimize my expenses and still receive maximum benefits from this divorce. I can highly recommend Scott for anyone who is undergoing a divorce if that person wants to get a knowledgeable advice and fair representation.
    - Alex O.
  • “Scott gave me trustworthy advise and comfort during a nerve racking situation.”
    Scott was very helpful and honest when consulting with me. While some lawyers may take advantage and prey on a client during a vulnerable time, Scott gave me trustworthy advise and comfort during a nerve racking situation. Very professional and reliable from what I've experienced so far.
    - Luis C.
  • “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 would go back to them in a heartbeat.”
    I retained Scott Laterra in my divorce proceedings in 2014. I couldn't have chosen a better attorney. Scott is great. He is very professional and a great listener. He made sure that everything we were working for was clear and that I understood the outcome. Him and is team are the best at what they do. I would go back to them in a heartbeat.
    - Julie A.
  • “I felt he was very honest and had my best interest as the number one priority.”
    Scott proved to be an outstanding attorney. He was extremely supportive and accommodating throughout the entire process. He was easy to talk to and was very understanding. It was not difficult at all to get in touch with him and he returned phone calls in a very reasonable amount of time. I felt he was very honest and had my best interest as the number one priority. He clearly defined all of my options without pushing me in a direction that suited him or his practice. His knowledge of matrimonial law really impressed me. I would absolutely recommend Scott to anyone in need of a lawyer who is going through a divorce.
    - Mike K.
  • “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.
  • “He helps to make the journey a little better.”
    I hired Mr Laterra to represent me when I was going through my divorce. During this very difficult time, he provided me with the knowledge, compassion and expertise that resulted in a fair and uneventful court settlement. He was able to keep me focused on the final outcome, even while the emotional toll of this ugly process was becoming too much to bear. Mr Laterrra has always been very professional and personable in his client relations. I never hesitate to call him and ask for his guidance. I trust him and the advice he gives me, even if it is not what I had originally wanted to hear. Also, as a client of his, I never felt like a "number" but as valued person. I cannot express the immeasurable value of this, especially when you are going through a major life crisis. I would absolutely recommend Mr Laterra's services for both the professionalism and compassion he displays in dealing with divorce proceedings. He helps to make the journey a little better.
    - Donna F.
  • “He is professional and cares about his clients.”
    Mr. Laterra helped my son move in with me.He handled the problem so I could continue to work.The final result is my son is with me and Mr. Laterra made that happen. He is professional and cares about his clients.I can't say enough about him.
    - Kenneth R.

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