New Jersey Family Lawyer
Legal issues involving family members are some of the most difficult. Emotions run high and resolving issues can become quite contentious. Family law involves a number of issues including divorce, property division, alimony, child custody, visitation, and child support. If you are facing any of these issues, our experienced New Jersey family lawyer outlines the family law overview below.
There are many options for couples who want to end their marriage in New Jersey. Uncontested divorces are those in which the couple can agree to all the terms of the case, including property division and spousal support. When couples cannot reach an agreement, they must obtain a contested divorce. During a contested divorce, couples can choose mediation, collaborative law, or litigation to resolve their issues.
Couples can also file a fault-based divorce, or a no-fault divorce, and both have their benefits. A no-fault divorce requires only one party to cite irreconcilable differences and does not require them to prove their spouse was at fault for the breakdown of the marriage. Fault divorces do accuse one party of causing the marriage to end and when one party cites fault, they must also prove it. Fault-based divorces do take longer to resolve, and they are also more expensive. However, proving fault can help one party obtain better terms in property division or spousal support proceedings.
It is a common misconception that property in a divorce is split 50/50. New Jersey follows equitable distribution laws, which means property in a divorce is divided fairly, but not necessarily equally. When making decisions on property division, a judge will take many factors into consideration. These include the length of the marriage, grounds of fault cited, and other relevant factors in the case.
When one party needs financial support during or after the divorce, the court may award them alimony. There are 14 factors the courts consider when awarding alimony and contrary to what many people think, gender is not one of them. Men have just as equal an opportunity as women to obtain alimony today. There are many different types of alimony available in New Jersey. However, due to an overhaul of the alimony system in 2014, spousal support is rarely permanent.
Child Custody and Support
Physical custody refers to the parent who will spend the majority of time with the child. Legal custody refers to which parent has the authority to make important decisions for the child. The courts generally begin any custody case with the presumption that it is in the best interests of the child to spend an equal amount of time with both parents. When one parent is awarded more time than the other, a judge may order the non-custodial parent to pay child support to help offset the expenses paid for the child by the custodial parent.
Our Family Lawyers in New Jersey Can Help Resolve Your Issues
Regardless of the family law issue you are dealing with, our New Jersey family lawyer at Poulos LoPiccolo can help you resolve it. Call us now at 732-757-0165 or contact us online to schedule a consultation and to learn more.