Family law issues such as divorce, child custody arrangements, and domestic violence allegations can be overwhelming. If you’re facing a domestic legal concern, it is critical to work with a seasoned lawyer who can help you sort through the complex emotional, financial, and legal considerations associated with your unique situation. Our seasoned Bergen County family lawyers know how to protect clients’ interests and help them move on with their lives with minimal turmoil and distress. To accomplish this, we often use our mediation training when possible to focus on negotiating equitable settlements and averting conflict whenever possible.
Here at Feitlin, Youngman, Karas & Gerson, LLC, we provide knowledgeable counsel on issues relating to:
We know that every family’s circumstances are different and assess the legal and interpersonal dynamics of each situation carefully to determine the best possible legal strategy.
Q: How is child custody determined in New Jersey?
A: In New Jersey, child custody decisions are based on the “best interests of the child” standard. Courts consider various factors, including each parent’s ability to provide a stable environment, the child’s relationship with each parent, and any history of domestic violence. Both legal custody (decision-making authority) and physical custody (where the child lives) are evaluated. Joint custody arrangements are common, but the specific circumstances of each case will influence the final decision.
Q: What is the difference between legal and physical custody?
A: Legal custody refers to the right to make significant decisions about a child’s upbringing, such as education, healthcare, and religious instruction. Physical custody determines where the child resides. Parents can share legal custody even if one has primary physical custody. The court aims to ensure that both parents remain involved in the child’s life unless circumstances dictate otherwise.
Q: Can child custody arrangements be modified?
A: Yes, custody arrangements can be modified if there is a substantial change in circumstances affecting the child’s welfare. Examples include a parent’s relocation, changes in the child’s needs, or evidence of a parent’s inability to provide a safe environment. To modify custody, the requesting party must file a motion with the court demonstrating the significant change and how it impacts the child’s best interests.
Q: How is child support calculated in New Jersey?
A: New Jersey utilizes the Child Support Guidelines, which consider factors such as both parents’ incomes, the number of children, and the custody arrangement. Additional considerations include healthcare costs, childcare expenses, and the child’s educational needs. The guidelines aim to ensure that the child’s financial needs are met proportionally by both parents.
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Q: Can child support be modified?
A: Yes, child support can be modified if there is a significant change in circumstances, such as a substantial change in either parent’s income, job loss, or changes in the child’s needs. To request a modification, a motion must be filed with the court, providing evidence of the changed circumstances.
Q: When does child support end in New Jersey?
A: Child support typically continues until the child reaches the age of 19. However, support may be extended if the child is still in high school, attending college full-time, or has a physical or mental disability. Parents can also agree to extend support beyond the statutory age, and the court can enforce such agreements.
Q: What is alimony, and how is it determined?
A: Alimony, or spousal support, is financial assistance paid by one spouse to the other after separation or divorce. New Jersey courts consider factors such as the length of the marriage, each spouse’s income and earning capacity, standard of living during the marriage, and the needs of each party. There are different types of alimony, including open durational, limited duration, rehabilitative, and reimbursement alimony.
Q: Can alimony be modified or terminated?
A: Yes, alimony can be modified or terminated if there is a substantial change in circumstances, such as the recipient’s remarriage, cohabitation, or a significant change in either party’s financial situation. The party seeking modification must file a motion with the court and provide evidence supporting the change.
Q: How are assets and debts divided in a New Jersey divorce?
A: New Jersey follows the principle of equitable distribution, meaning assets and debts acquired during the marriage are divided fairly, though not necessarily equally. Factors considered include the duration of the marriage, each spouse’s financial contributions, and the standard of living established during the marriage. Premarital assets, inheritances, and gifts to one spouse are typically excluded from distribution.
Q: What is the process for filing for divorce in New Jersey?
A: To file for divorce in New Jersey, one spouse must have been a resident of the state for at least one year. The process begins by filing a complaint for divorce in the Superior Court, citing grounds such as irreconcilable differences or separation. The other spouse is then served with the complaint, and the case proceeds through stages including discovery, negotiation, and potentially trial if a settlement isn’t reached.
Q: How long does it take to get divorced in New Jersey?
A: The duration of a divorce case varies based on its complexity and whether the parties can reach an agreement. Uncontested divorces, where both parties agree on all terms, can be finalized relatively quickly, often within a few months. Contested divorces, involving disputes over issues like custody or asset division, may take longer, potentially over a year.
Q: What is the difference between contested and uncontested divorce?
A: In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, and support, allowing for a smoother and faster process. A contested divorce occurs when spouses cannot agree on one or more key issues, requiring court intervention to resolve the disputes.
Q: Can we settle our divorce without going to court?
A: Yes, many couples resolve their divorce through alternative dispute resolution methods like mediation or collaborative divorce. These approaches encourage cooperative negotiation, often resulting in less time, expense, and emotional strain compared to traditional litigation.
Q: What is mediation, and how does it work in family law cases?
A: Mediation is a voluntary process where a neutral third party, the mediator, assists spouses in negotiating and reaching agreements on issues like custody, support, and property division. The mediator facilitates communication but does not make decisions. Agreements reached in mediation can be formalized into legally binding court orders.
Q: What happens if my ex-spouse doesn’t comply with the divorce decree?
A: If your ex-spouse fails to adhere to the terms of the divorce decree, such as not paying alimony or child support, you can file a motion with the court to enforce the order. The court may take actions like wage garnishment, property liens, or even contempt proceedings to ensure compliance.
Q: Can grandparents seek visitation rights in New Jersey?
A: Yes, grandparents can petition the court for visitation rights. To be granted visitation, they must demonstrate that denying such contact would harm the child or that visitation is in the child’s best interests.
The Family Division of New Jersey’s Superior Court handles matrimonial litigation, along with adoptions, custody proceedings, juvenile justice issues, and other matters. These cases can become complicated, but regardless of your specific concern, we will help you understand the nature of your proceeding and what you can expect if you go to court. Family law often deals with complex issues that are best dealt with by both parties in a collaborative setting. When applicable, we seek peaceful ways to resolve the issues between the parties. Unfortunately, this is not always an available strategy. If your case is contentious, we are experienced litigators and are able to advocate on your behalf to work toward the results you seek.
Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock provides comprehensive family law counsel to New Jersey residents. If you are going through a divorce, are involved in a custody dispute, or have another type of family law concerns, please don’t hesitate to contact our seasoned Bergen County family lawyers for your initial consultation today.
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