Family Law

New Jersey Divorce Lawyer                         

Family Law

The family law attorneys as Aiello Harris have the experience and knowledge to guide you through the many times difficult process of divorce and other family law related matters. Our lawyers have a number of years of experience handling not only non-complex family matters but complex family matters involving large marital estates, custody issues, paternity issues, alimony, abuse, Tevis issues, child support, numerous trials in domestic violence matters, the drafting and review of Pre-nuptial Agreements and Property Settlement Agreements, filing and arguing numerous post judgment applications. In addition to the “divorce” there are many other related and many times intertwined family law issues that may also need to be addressed are

• Child Custody
• Parenting time (previously referred to as “visitation” in legal “circles”)
• Child Support
• Alimony
• Equitable distribution
• Domestic Violence
• Paternity
• Tevis claims
• Prenuptial, Antenuptial and Property Settlement Agreements
• Post Judgment applications for enforcement or modification
• Palimony

Divorce (Absolute)

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. For more information about the “divorce” process contact the Offices of Aiello, Harris, Devero, Marth & Schiffman, P.C.

Parenting time

Most commonly known as “visitation” this term is now disfavored and the subject referred to as parenting time. Every parent absent special circumstances has a right to be with their children. The question is in each case 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 which may include issues of health of the parties, heath of the child(ren), past behavior, living accommodations, living locations, transportation means, time availability etc.. For more information about the “Parenting time” process contact the Offices of Aiello, Harris, Devero, Marth & Schiffman, P.C.

Child Support

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. For more information about the “child support” contact the Offices of Aiello, Harris, Devero, Marth & Schiffman, P.C.

Alimony

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. The are different types of alimony such as “permanent” and “rehabilitative”. There is no automatic right to alimony and 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. For more information about the “alimony” contact the Offices of Aiello, Harris, Devero, Marth & Schiffman, P.C.

Equitable Distribution

Unlike some other states New Jersey is not aCommunity Property State. New Jersey is an Equitable Distribution 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 the circumstances. 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” awarded or received. For more information about the “equitable distribution” contact the Offices of Aiello, Harris, Devero, Marth & Schiffman, P.C.

Domestic Violence

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, custody of children etc... 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. For more information about the “Domestic Violence” contact the Offices of Aiello, Harris, Devero, Marth & Schiffman, P.C.

If you need an attorney to assist you with your divorce or any other family law related matter, contact one of our experienced lawyers to seek if we can help. Our lawyers are aggressive in representing our clients needs in and out of Court and compassionate in addressing the needs of our clients during this difficult and trying time.

For a free initial consultation with a New Jersey divorce lawyer at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

The Right Law Firm Means More Money

Serving clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.