Providing Family-Oriented Legal Counsel During Family Law Disputes
If you are going through a divorce or need to obtain a post-judgment modification or enforcement, an experienced lawyer can offer legal solutions to your family’s problems. At the Essex County family law offices of Minion & Sherman, we will help you look at the big picture, handling your family law concerns with compassion and concern.
Protecting families in New Jersey since 1995, our Essex County, New Jersey, family law attorneys will take the time to listen to your concerns for your family and your future at this critical time. Whether you are going through a divorce or dealing with issues of domestic violence, we will be here for you.
- Divorce: We will make sure you stay focused on the big picture and will advocate for your interests during your divorce, whether negotiating a property settlement agreement or establishing a fair child custody arrangement.
- Division of property: The law begins with the presumption that property should be split evenly in divorce, but it is possible to negotiate a flexible, creative solution to meet your needs.
- Alimony: Spousal support is awarded to assist the lesser wage-earner with a lifestyle substantially similar to the one maintained during the course of the marriage.
- Child custody and child support: Even though your marriage may be ending, you will be parents forever. Creating the right child custody and visitation plan that also addresses the financial needs of your children is the first step toward moving forward. We will help you establish an arrangement that is in the best interests of your children.
- Post-judgment modifications or enforcement: If there has been a significant change in circumstances, you may be eligible for a child custody, child support or spousal support modification. We also assist clients seeking an enforcement of a spousal support or child support payment.
- Domestic violence: Incidents of domestic violence tear families apart every day. We can help you protect your family and get the help you need.
- Prenuptial agreements: A prenuptial agreement can be an important tool to make sure your individual rights are protected in marriage.
Frequently Asked Questions About New Jersey Family Law
With our 30-plus years of experience, we know that people have questions, and we are here to provide helpful answers. Below are a few of the common questions we see most:
What should I consider when choosing a family law attorney?
Family law experience is key. You also need a detail-oriented attorney who can help you carefully consider all of your options. It can help to work with family law attorneys who are empathetic during an emotional time, but prepared to work diligently to defend your rights.
What are the requirements for a New Jersey divorce?
You have the option to cite irreconcilable differences and file for a no-fault divorce, but you can also choose a fault-based divorce. New Jersey has residency requirements; you must live in the state for at least 12 months prior to filing. There is no waiting period, in most cases, before the court can issue an order dissolving your marriage.
Potential grounds for a fault-based divorce include:
- Infidelity
- 18 months of separation or imprisonment
- Drug or alcohol addiction
- Desertion
- Cruelty
- Domestic violence
You are required to submit the divorce petition and serve the paperwork to your spouse, who then has a chance to respond before the court sets up the initial hearing.
Can I move out of New Jersey with my children while divorce, child support or child custody court matters are still being litigated?
Although your final child custody order may not be issued until the divorce is finalized, the court will often issue a temporary order with the understanding that the divorce process takes months – and families need solutions immediately. As a binding court order, you must comply, and may not be allowed to relocate and interfere with your spouse’s ability to have contact with the children.
However, you can petition the court for a custody modification for reasons like taking another job or moving closer to extended family members. An important thing to remember is not to violate a standing court order, which could put your own custody rights in jeopardy.
For A Free Consultation, Call 973-559-5791
We offer free initial consultations and night and weekend appointments for potential family law clients throughout Essex County, New Jersey. Call us at 973-559-5791 or contact us online.