Family Law
Divorce
If you are going through a divorce its likely you will find yourself in a position you never expected to be in. Emotions run high. You need a law firm that will effectively guide and steer you through the process efficiently, compassionately and work to protect your interests.
Some of the major topics involved in divorce are:
- Child custody and visitation: Generally both parents have the right to be a part of their children's lives. We are familiar with the latest developments in child custody, including the laws affecting parent relocation.
- Alimony and spousal support: In some situations one spouse will be given the right to receive regular support payments from the other in order to maintain the marital standard of living. We are in a position to assess your alimony rights and responsibilities including potential tax implications that arise.
- Division of assets: Typically in a divorce there will be a division of marital and family property. We are skilled dealing with questions of asset valuation and other issues affecting the allocation of the marital estate.
- Child support: Child support is based on factors such as each spouse's income and the needs of the child. Our firm can assist you with the determination, enforcement and modification of child support.
Civil Union Law
In 2007 the New Jersey legislature passed a civil union law making same-sex couples eligible for all the benefits of marriage under state law. (Federal benefits such as joint federal income tax filing are not covered by the civil union law). We are familiar with the dynamics committing to a civil union including providing insight and understanding on custody and parenting, alimony and partner support, division of assets and child support.
Domestic Violence
Accusations of domestic violence are very serious and emotional matters. Whether your spouse or someone else has been violent toward you or you have been accused of domestic violence, you deserve being represented by a law firm providing insight, guidance and understanding to protect yourself and your legal rights.
If you have been a victim of domestic violence – which includes not only physical violence but also certain types of emotional and verbal abuse – you have a right to seek a temporary restraining order (TRO), which gives you the legal authority to remove the abuser from the home.
If you have been accused of domestic violence, you may be served with a TRO without even having the opportunity to defend yourself. A hearing will be scheduled to determine whether a permanent restraining order will be granted.
In New Jersey, permanent restraining orders do not expire after a certain period of time. They are permanent and can prevent you from entering your home.
Our firm is well versed with all issues surrounding domestic violence restraining orders including the ability of someone accused of abuse to see his or her children, maintain financial arrangements and retrieve property.
Domestic violence is a unique area of family law where a lawyer may be required to try a case in a courtroom on limited notice. You need a law firm with the experience and reputation to go to court and stand up for your rights.
Litigation
Couples who are going through a divorce hope they can resolve their issues through mediation and agreement. There are, however, some cases that require a trial and have a judge decide the case by applying objective legal standards
New Jersey family law requires mandatory mediation in divorce cases. Even if you are able to resolve all issues through mediation you may still need an experienced law firm to handle issues affecting the marriage such as custody, parenting time, alimony, child support and equitable distribution. There may be instances where your spouse is unreasonable and will not agree to the results you deserve and legally entitled to. You will need a law firm that is prepared to represent your interests.
Appeal Divorce Judgments and/or Orders
If the court rules against you, you have a right to appeal that result. While divorce rulings are upheld by the Appellate Division more often than they are reversed, there are circumstances where an appeal may be successful. Our firm has significant experience handling divorce appeals including assessing the advisability of an appeal. We can also pursue orders to prevent the trial court judgment from being implemented while the case is on appeal.
Paternity
Every child has two biological parents. Under New Jersey law a child has the right to receive care and support from both parents, whether or not they are married at the time the child is born. In some cases unmarried parents will care for a child together for a period of time and then go their separate ways. In other cases one parent is not able to be involved with the child during infancy but later becomes available. In either case parents and children have legal rights.
Just because you are not married does not mean you do not have a right to be a part of your child's life. Under New Jersey paternity law it is generally considered in the best interests of the child for both parents to have a share of child custody and visitation regardless of marital status. Even if you haven't been involved in your child's life and the child has developed a relationship with the other parent's new spouse or partner, the court will likely grant you some parenting time so you can rebuild a relationship with your child.
If paternity is in question our firm can examine the birth certificate, pursue DNA testing and take other steps to confirm who the father is.
Another aspect of paternity law involves child support. A child born outside of marriage still has a right to support from both parents. If one parent is not living in the same household as the child he or she may be required to pay child support.
Taking Advantage of Alternative Dispute Approaches
After a divorce complaint is filed there are several points along the way where mediation of disputes is mandatory. In other circumstances it may be advisable to consider voluntary mediation or another form of alternative dispute resolution (ADR). We are experienced at both guiding clients through ADR.
There are advantages to mediation, arbitration and other alternative techniques for resolving divorce and other family law matters. Negotiated settlements allow you to resolve complex issues by a comprehensive agreement rather than litigate each individual point. It is fact that divorce disputes worked out through mediation or other approaches to mutual agreement on average result in fewer post-judgment disputes. When there are children parents are often in a better position to handle issues associated with raising their children than a judge. Mediation is less expensive and less emotionally charged than traditional divorce litigation.
Before you agree to alternative dispute resolution it is important to meet with a law firm who can advise you of your rights. If you don't know what your legal rights are you may end up agreeing to a situation that turns out to be unfair to you. Our firm advises clients on all of their ADR options and represents them in mediation and arbitration proceedings.
Palimony
As society changes people's living arrangements change as well. More often couples choose to live together for reasons ranging from a lack of desire to pursue the formality of marriage to the avoidance of financial obligations.
The law in New Jersey has not kept pace with our changing society. While people ending a marriage have many legal rights, people leaving a long-term relationship that did not include a marriage certificate often have far fewer rights.
Palimony claims depend on many facts and factors such as:
Was a promise of financial assistance made verbally or in writing?
How long did the couple live together?
Did one partner give up a career or income during the relationship?
Not having marriage certificate does not automatically preclude you from receiving a financial award following a long-term, live-in relationship.
