Need a Family Lawyer in New Jersey?

Family law governs the legal aspects of familial relationships, including marriage, divorce, child custody, and domestic violence. It aims to protect the rights and responsibilities of all family members and provide solutions during challenging times. 

This area of law is essential for anyone navigating familial disputes or protecting their legal rights. As family dynamics and societal norms evolve, family law continuously adapts to address new issues. Thus, it is vital to have legal representation that understands the implications of family law as it evolves. 

If you are facing a family law case, such as divorce or child custody and support, place your trust in the experienced attorneys at Rosenblum Law. This article will explore the core aspects of family law, offering a comprehensive overview of its key components, common issues, and the role of an attorney.

Understanding Family Law in New Jersey 

The three most common areas of family law are divorce, child custody, support, and visitation. Understanding these areas is integral to navigating the legal landscape of familial relationships and ensuring the protection and well-being of all family members involved.

Divorce 

Divorce is a complicated process, involving proof of irreconcilable differences or fault on the part of the other spouse. Negotiating issues like equitable distribution, alimony, child custody, and support are also key aspects of many divorce cases. The following is a detailed explanation of many of the legal matters present in any divorce case. 

Grounds for Divorce

New Jersey specifies two categories of divorce: fault and no-fault. In a no-fault divorce, the filing spouse doesn’t need to prove wrongdoing but must prove that “irreconcilable differences” have existed for at least six months. The other spouse cannot object to the existence of irreconcilable differences for a divorce to be classified as no fault.

In a fault-based divorce, a “matrimonial offense” must be proven, such as:

• Adultery
• Desertion
• Prolonged separation
• Cruelty
• Addiction
• Institutionalization for mental illness
• Imprisonment
• Non-consensual deviant sexual conduct

To get a divorce in New Jersey, at least one spouse must have been a New Jersey resident for at least a year. The exception is in cases of adultery, where any duration of residency is sufficient.

Overview of the Divorce Process

The divorce process in New Jersey begins with the plaintiff filing a petition that outlines the grounds for divorce and a proposed distribution of assets and liabilities. The divorce papers must be served on the defendant within 30 days, with proof of receipt required. Delivery can be performed by any adult not involved in the case. 

The defendant then has 35 days to respond by filing an answer, counterclaim, or appearance. Mediation is mandatory in financial or child custody disputes, involving a mediator to reach a settlement; otherwise, the court finalizes the divorce. 

If the parties cannot settle through mediation, the case may go to trial, where the judge will issue a court order based on the evidence presented. Once the judge finalizes the divorce, it takes immediate effect, legally ending the marriage.

Equitable Distribution and Alimony

New Jersey law mandates that all assets be divided equitably between divorcing parties. Equitable division does not necessarily mean equal division. Courts will divide assets based on the various factors specified in Section 2A:34-23.1 of the New Jersey Revised States. 

Alimony may also be awarded in four categories: rehabilitative, open durational, reimbursement, and limited duration. The court considers many factors, such as the marriage length, factors affecting employability or earning capacity, tax implications, and the standard of living established during the marriage.

Child Custody, Support, and Visitation  

Child custody, support, and visitation are some of the most contentious issues that can come up in a divorce. With the help of an experienced attorney, these issues and others can be resolved to ensure the best interests of the child , while also ensuring  the parent’s rights are protected and their concerns are advocated for. 

Child Custody

There are two types of child custody in family law: legal and physical. Legal custody dictates who makes the major decisions in the child’s life. Legal custody arrangements can include joint legal custody, where both parents share decision-making power and access to information, or sole legal custody, where one parent makes all major decisions. 

Agreements on physical custody decide where a child lives and their day-to-day care. Options for physical custody include primary residential custody, where the child resides with one parent over 50% of the time, and shared residential custody, where the child lives equally with both parents. The court supports any custody arrangement agreed upon by both parents, but it must serve the child’s best interests. When determining custody, the court considers many factors, such as:

• The parents’ ability to cooperate
• Their willingness to accept custody
• The child’s relationship with parents and siblings
• Protection from any domestic abuse
• The child’s preference (age 14 or above)
• The child’s needs
• Stability of the home environments
• Continuity of the child’s education
• Parental fitness

Child Support

New Jersey relies on what is known as the income shares approach to determine how much child support each parent is responsible for. The model uses the income of both parents to calculate the estimated monthly cost of raising the child, and to determine what percentage of each parent’s income should go toward child support payments.  The court will also consider the New Jersey Child Support Guidelines to evaluate other factors important to the amount of child support a parent should pay. 

In cases of sole physical custody, it is assumed that the custodial parent spends their share directly on the child. In this situation, the noncustodial parent pays the custodial parent their share of child support. In cases of shared parenting, the judge will take into account that both parents likely pay child-related expenses when they are with the child. 

Visitation

In New Jersey, the law ensures that minor children maintain frequent and continuing contact with both parents after separation. Parents are highly encouraged to create and agree upon their own visitation schedule, subject to court approval, that is fair for everyone involved. 

Although the courts do not provide specific guidelines for parenting time, typical arrangements include the non-custodial parent having visitation every other weekend and one weeknight. Courts also may impose supervised visitation times if there is a history of abuse or other issues. Interference by either parent constitutes disobeying a court order, and if it becomes a pattern, New Jersey courts can impose sanctions, which are penalties, such as fines or incarceration, for breaking court ordered obligations. 

Other Areas of Family Law

There are many other areas where a family lawyer can assist, including but not limited to:

• Prenuptial agreements. A prenuptial agreement, or prenup, is a legal contract made before marriage outlining asset division and financial responsibilities in case of divorce. An attorney ensures the prenup is legally sound and protects both parties’ interests. They also provide guidance on legal complexities and future implications, helping prevent disputes and offering peace of mind.
• Domestic violence cases, restraining orders. Domestic violence cases involve abusive behavior, which can be physical, emotional, or psychological. A restraining order is a legal measure to protect victims by restricting the abuser’s actions and contact with the victim. An attorney can help by providing legal advice, navigating the legal process, and ensuring the restraining order is properly enforced, thereby offering crucial protection and support for the victim.
• Juvenile delinquency cases. Juvenile delinquency cases involve minors who have committed legal offenses. An attorney can assist by representing the minor’s interests, ensuring their rights are protected, and guiding them through the juvenile justice system. They can also work to secure the best possible outcome, such as rehabilitation programs instead of detention, aiming for the minor’s long-term well-being and reintegration into society.
• Termination of parental rights. Termination of parental rights is a legal process in which a parent’s rights to their child are permanently ended, often due to neglect, abuse, or abandonment. An attorney can help by providing legal representation, ensuring that each party’s rights are protected, and navigating the complex legal procedures. They can also offer guidance and support, working towards the best interests of the child and advocating for fair treatment in court.

The Importance of Hiring a Family Lawyer 

Hiring an attorney to take care of one’s family law case is vital, as these cases can be fairly complex. Attorneys have a deep understanding of the law that is imperative to ensuring success in a family law case. There are many ways in which an attorney can assist, for example, an attorney can::

• Provide expertise into each client’s specific case
• Create a legal strategy tailored to the needs and concerns of the client 
• Supply unbiased, informed guidance 
• Represent the client’s best interests and take into account any emotional considerations or potential impact on the client’s children 
• Negotiate with the court to achieve the best possible results
• Take care of case management, filing documentation, and representing clients in court

FAQs

Contact a Rosenblum Family Law Lawyer Today

As you can see, family law is a complicated business. Our attorneys have extensive experience in all of the different areas of family law and can help you navigate the legal process with sensitivity, skill, and dedication to achieving the best possible outcome for you and your family. Contact us today for a free consultation.

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