New Jersey Family Law Attorneys
At Aiello Harris, we represent people in Somerset County, Union County, Middlesex County, Hunterdon County, Essex County, Morris County, and throughout North and Central New Jersey who are facing some of the most troubling and profound issues of their lives.
Our Family Law Areas Of Practice
In addition to divorce, there are many other related and intertwined family law issues we handle, including:
- Child custody
- Parenting time (also known as visitation)
- Child support
- Equitable distribution
- Domestic violence
- Tevis claims
- Prenuptial, antenuptial, and property settlement agreements
- Post judgment applications for enforcement or modification
Our lawyers have years of experience handling not only straightforward family issues but also complex concerns involving large marital estates, custody issues, and matters of support. We can put this experience to work protecting your interests and help guide you through this difficult time of transition starting today.
More information on divorce and related legal issues is provided below.
What we offer is simple: divorce attorneys with experience, knowledge, and compassion who can guide you through this difficult process with a minimum of damage to you and your family.
For most people, divorce is a difficult idea to grapple with, even if they have already been through the process before.
Divorce is defined as the process in which the legal “marriage” relationship is terminated and both parties are restored to unmarried status. The rights and obligations of the parties are terminated except as otherwise agreed between them as for instance in a Property Settlement Agreement. As a result of marriage both parties are imbued with certain rights and obligations vis-à-vis each other. New Jersey Statute sets forth the limited grounds on which a marriage can be terminated. The Complaint for Divorce must be filed in the proper county and must properly plead certain facts and information to entitle you to obtain a divorce.
There is also another form “divorce” known as a Divorce from Bed and Board, which is not “absolute” and continues the legal fiction of the marriage and is appropriate in certain circumstances for financial reasons. The complaint must be properly filed and then served on the other spouse.
Most commonly known as visitation, this term has fallen out of favor and is now referred to as parenting time. The notion of parenting time holds that every parent, absent special circumstances, has a right to be with their children. The question in each case is about the extent of parenting time to be given and agreed upon. This issue can be easy to resolve or very difficult depending on the circumstances of the parties and facts that may include issues of health of the parties, the health of any children, past behavior, living accommodations, living locations, transportation means, and time availability.
Under New Jersey law both parents have an obligation for the support of their children. The New Jersey Child Support Guidelines are applicable, absent special explanation and circumstances, to determine the amount of child support to be paid by the non-residential parent to the residential parent. The actual income or in some cases “imputed” income is used to determine the child support obligation. Expenses for day care and insurance are also considered and form a part of the child support obligation. Credit is also given pursuant to a formula to the non-residential parent for his/her parenting time and will determine whether the “Sole Parenting” guidelines or the “Shared Parenting” guidelines are used. Child support is usually paid through the Probation Department which sets up an account and automatically garnishes the obligors pay and transmits payment to the residential parent.
Under New Jersey law a spouse may have the right to continued financial support after the marriage has been terminated. The factors which guide the court in determining whether alimony is appropriate in any given case is set forth in New Jersey Statute. There are different types of alimony such as “permanent” and “rehabilitative.” However, there is no automatic right to alimony. Its award, amount, and duration will be dependent on whether such an award is just and fair as determined by an analysis of the statutory factors.
New Jersey is an Equitable Distribution state not a Community Property state. What this means is that assets and debts acquired during the marriage are not automatically divided “50/50.” The assets and debts acquired during a marriage are “equitably divided” which may mean 50/50 or something other then 50/50 depending on all of the circumstances involved. In some cases a home acquired prior to the marriage, such as a house in which the parties live, may be subject to equitable distribution if it was acquired in contemplation of marriage. There are other factors, which may affect equitable distribution also including “alimony” that has been awarded or received.
Domestic violence may occur at any time. The New Jersey Prevention of Domestic Violence Act sets forth the acts which constitute domestic violence under the act and sets forth who the act applies to. Not everyone is subject to The New Jersey Prevention of Domestic Violence Act. The New Jersey Prevention of Domestic Violence Act if applicable will entitle the “victim” to a restraining order both temporary and if a violation of the act is proven a final restraining order against the offender. The New Jersey Prevention of Domestic Violence Act may also entitle the victim to other relief such as support, damages for injuries, restitution and damages for damage to property, and custody of minor children. The entry of a Final Restraining Order and finding of a violation of The New Jersey Prevention of Domestic Violence Act also has an impact on any issue pertaining to custody of children in a related divorce action.
Let our determination to prevail work for you during this difficult and trying time.
For a free initial consultation and further information on any of these topics, call Aiello, Harris, Marth, Tunnero & Schiffman, P.C. at (908) 561-5577 or contact us online at any of our New Jersey law offices.