Divorce and Family Law
Divorce
Divorce is a difficult experience for any family to go through. If children are involved, it makes the process even more emotionally draining. In an effort to mitigate some of the pressure felt by persons facing this ordeal, our firm makes every effort to have the divorce go as smoothly as possible. Whether you are just contemplating filing for divorce, you are thinking about a legal separation, or equitable distribution in NJ or you have already been served with divorce papers, we can help. Timing deadlines in a divorce matter are crucial and can result in the loss of a person’s future legal right.
Child Support
Every child has the legal right to be supported by both parents. Child support is meant to assist the ordinary expenses such as food, shelter, clothing, education and medical needs of the children. We represent both the custodial and non-custodial parents in virtually every type of child support dispute. This includes cases involving the establishment of child support, child support modification, child support enforcement petitions and paternity.
Child Custody and Parental Time
Even when the relationship between the parents comes to an end, the relationship that each parent has with their child or children continue to exist. Numerous questions come up dealing with both custody and visitation. The type of custody agreement that is right for one family, does not necessarily mean it will be right for another. Nobody should be forced out of their children’s lives unwillingly. If parties are unable to come up with an agreement, the court can intervene. Types of custody arrangements that can be made include one parent having sole legal child custody, the parties sharing joint legal custody and/or having sole residential custody or sole legal custody. If you are seeking an initial child custody order, a modification of one or would like to discuss your rights as they pertain to your children our office can help you in guiding you through the process.
Alimony/ Spousal Support
This support is paid for the benefit of the former spouse. In New Jersey, the purpose of alimony or spousal support is to allow the divorcing couple to maintain a lifestyle as close to as possible to the type of lifestyle they had during the marriage. New Jersey statutes provide for different types of alimony to be awarded:
- Limited duration Alimony: provides for an alimony award for a certain predetermined amount of time.
- Rehabilitative Alimony: is meant to allow the lower income spouse time to reestablish them financially. For example, it can be paid so that the spouse may either obtain job training, an education or job experience or become more self-sufficient, or to a mother of small children for a period until children attend school.
- Reimbursement Alimony: is again a limited duration or lump sum alimony award meant to reimburse the former spouse for expenses they incurred during the marriage. This type of alimony would be applicable in a case where one spouse worked to put the other spouse through school.
- Permanent Alimony: Until September of 2014, New Jersey allowed permanent alimony. Permanent alimony has been replaced with “Open Duration Alimony” which allows the paying spouse more leeway in changing amount and duration based on certain circumstances.
Divorce Mediation
When considering divorce, it is important to understand the many options available in resolving your matter. Litigation is not always right for everyone. In entering divorce mediation, the parties voluntarily agree to meet with a neutral third party to help them reach a resolution in their divorce. This process is voluntary and confidential. The mediator does not make decisions for you but instead facilitates proper communication between you and your spouse to aid in the resolution process. Unlike litigation, the final decisions are made by you and your spouse. This process is often less stressful and more cost-effective than traditional litigation.
Our office provides different types of mediation packages to suit your needs. For more information about our mediation services contact our office.
Domestic Violence
Domestic violence is a serious crime in our society. To combat this ongoing problem, the Legislature has enacted The Prevention of Domestic Violence Act of 1991. Under this Act, a person may obtain relief if they have been a victim of fourteen different offenses including the following:
- Harassment
- Assault
- False imprisonment
- Sexual assault
- Lewdness
- Criminal Trespass
- Stalking
The Act provides for two forms of relief to a victim of domestic violence, first in the form of civil relief, which is obtaining a restraining order, and secondly in the form of criminal relief, which allows a victim to file criminal complaints against the batterer. If you are a victim of domestic violence or have been accused of domestic violence our office can help you.
Post Divorce Issues
After
- Modification of Child Support.
- Change of Custody/ Parenting Time.
- Emancipation Actions.
- Modification of Alimony.
- Enforcement Actions.
Pre-Nuptial and Post-Nuptial Aggrements
- Prenuptial Agreement: For unmarried couples that want to protect their assets, finances and marital obligations.
- Postnuptial Agreements: For married couples, a postnuptial agreement can be useful in situations where there is a significant change in the marriage.
- Domestic Partnership Agreements: If you are planning to live together but not get married and meet certain requirements a domestic partnership agreement can help you protect your interest.