Divorce is a painful, often embarrassing subject for everyone involved. Once the decision has been reached to cut ties with a loved one, drawing out the process in a long and argumentative divorce only worsens the already strained relationship. If the separated couple had children together, the strain becomes even stronger. With these impending difficulties in mind, knowledge of the trends in divorce and family law can help families prepare for their next steps during this unpredictable time. Here are a few insights from top divorce attorneys in New Jersey on this subject matter.
While browsing online, you can find just about anything you want. For example, if divorce is in the cards for you, you can find a site where a calculator will determine what amount you may receive from your ex-spouse for alimony or child support. These sites are great for giving you a general idea, but, are for discussion purposes only, since it is the judge who presides over the proceeding who generates the decision after a review of important criteria regarding your case.
So, what does a judge take into consideration regarding alimony and child support?
First, we’ll look at alimony…
Divorce benefits no one … it leaves heartbreak in its wake, usually after a long and acrimonious journey from filing the Complaint for Divorce, until the final divorce decree. On that day the divorce is final, there is often a look back at “what went wrong?” And, most of know that divorce usually leaves its mark on the child or children of a divorced couple.
Though the parties’ attorneys may make their recommendations to the judge about child custody, the ultimate decision is made by the judge to determine what is in each child’s best interest. The Judge’s decision on child custody matters takes a few factors into account, both as they relate to the child and each parent.
If you are considering filing for divorce in the near future, you’ve no doubt skimmed articles in magazines, or scoured the internet on that subject … this is probably why you are reading this blog post right now. Suffice it to say that filing for divorce and the time until the decree is rendered, can be a long and painful journey for most. Some couples are able to go through the process amicably, but, for most couples, it is a lot of clawing and scratching until it is finally over.
You may have questions before undertaking this big step in your life. Peruse this article, or others, and then consider consulting with a top notch divorce attorney right here in New Jersey to represent your interests and guide you through the legal process. That attorney will be happy to answer any and all of your questions, but, in the interim, you might be able to find some answers to common questions about divorce below:
When day-to-day existence is intolerable due to fractures in your marriage, there is sometimes no other remedy than to file for divorce. For some, marriage counseling or living apart will work to slowly repair the damage in your marital bonds, but, sadly, for some it is a lost cause. Your best bet when considering filing for divorce is to consult with a reputable top family lawyer in New Jersey. This specialty of the law will garner you the expert advice that you need to get through the entire divorce process. Filing for divorce and the actual decree of divorce will not happen overnight, thus, you will need guidance and the expertise of a counselor to get through this process.
Child support for minor children is defined as the payment that a non-custodial parent is ordered to make as support for the costs of raising his or her child/children (hereinafter just referred to as “child”). The financial assistance is provided by the parent who does not have physical custody of his or her child, so that that particular parent’s income does not benefit the child on a daily basis. The child support may be court-ordered, or voluntary, and may be set forth through a divorce decree or a separate order. Sometimes, if child support is ordered, but not paid timely, or at all, state agencies may intervene forcing the payment of child support. In the case where divorce has occurred, but both parents have full, or joint custody, in most cases there is no child support involved. If you have questions about child custody or divorce you should contact a family law attorney in Short Hills for assistance in answering your questions. A top NJ attorney will be happy to work with you to answer all of your legal questions.
Technically, the duty to support a minor child rests with both parents, even if the custodial parent has the means to care for the child on their own. But, the support that is provided from the non-custodial parent not only pays for the child’s basic needs but allows the child to share in the standard of living both parents enjoy.
Even though your intentions may be good to pay off that debt, or routinely and timely pay alimony or child…
A divorce is never an easy situation to find oneself in; and many times proceedings can seem like they continue forever before they come to an end. A NJ family attorney can help couples file a collaborative divorce which is a new alternative to the traditional process. Collaborative divorce law allows the spouses to work with attorneys who will help them negotiate the terms of a divorce in a much friendlier and peaceful environment. Each spouse will hire a collaborative attorney who will assist them and advise them in negotiating the terms of a settlement agreement. After the two spouses meet with their individual attorneys, the four parties will meet together to discuss the terms of the divorce and try to reach an agreement. If a collaborative divorce cannot be reached the proceedings must go on to the court system. In these cases the collaborative attorney cannot represent their client in the court proceedings. The goal of a collaborative divorce is to peacefully settle all the terms of the divorce through a series of negotiations. A successful collaborative divorce will end with both parties agreeing on all the aspects of the divorce.
When a couple divorces in the state of New Jersey and there are children involved a family law attorney can help them understand how child support will be determined. There are several factors which are used to determine how much child support will be paid and to whom. In New Jersey supporting the children is the continuous duty of both of the parents. This duty will continue until a court order states otherwise or the children are emancipated. If one of the parents desires to terminate their obligation to pay child support they are required to file a petition with the court. Unless this is done child support is the obligation of both parents based on their level of income, their ability to earn an income and their assets.