Real Solutions And Honest Advice For Over 30 Years

Providing Family-Oriented Legal Counsel During Family Law Disputes

If you are going through a divorce or need a post-judgment modification or enforcement, an experienced lawyer can offer legal solutions to your family’s concerns. 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 care.

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 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 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.

Do Unmarried Parents Have Rights In Child Custody and Support Issues?

Parents who never married may need to prove paternity before they can enforce custody, parenting time or support rights. An unmarried father lacks an enforceable custody or parenting-time order until he proves paternity and seeks court relief. A mother who seeks support from an alleged father must also establish legal paternity before the court can order him to pay.

Parents can sign a Certificate of Parentage, often at the hospital after the child’s birth. If either parent disputes paternity, one parent may file a case and ask the court to order genetic testing. Once paternity becomes clear, either parent may seek custody, parenting time or support. Unmarried parents usually file these claims under an FD, or nondissolution, docket. In Essex County, the Nondissolution Unit handles these matters at the Wynona Lipman Family Courthouse in Newark.

Understanding The Parents’ Education Program In New Jersey

New Jersey requires parents to attend the Parents’ Education Program when their divorce involves custody, parenting time or support for a minor child. The court generally requires both parents to complete the course before entering the final judgment. Each parent pays a $25 registration fee and attends a separate session.

The Essex Vicinage Family Division manages the local program. The course explains the emotional and financial effects of divorce on children. It also teaches parents to lower conflict, speak with care and help their children adjust to family changes. The program does not teach court tactics. A court may excuse a parent for good cause, and it cannot refer parents when a qualifying restraining order prevents contact.

Maintaining Financial Stability During A Essex County Divorce

Pendente lite means “while the case is pending.” These short-term orders can help a family pay its bills while a divorce moves through court. A contested divorce can last several months or longer, so families may need support before the court settles every issue.

A judge may order temporary alimony or child support. Depending on the facts, the judge may also address health or auto insurance, the mortgage, utilities and other home costs. You do not have to drain your savings or accept financial pressure while you wait. After filing for divorce, you may ask the Essex County family court for prompt temporary relief. We can help you explain your needs and seek a practical order.

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.