Child custody can be a hotly contested topic during and even after a divorce. Parents often have questions regarding how to handle the issue, and how to cause the children as little pain as possible. In many instances, it is important to find an attorney who specializes in such matters. While there are basic procedures that most child custody cases follow, it is helpful to have as much information as possible going into a child custody case. This article provides a brief overview of common issues in child custody, as well as frequently asked questions that parents may have regarding their specific cases.
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.
Many people winced when they heard country singer Tammy Wynette’s song about love gone wrong in her hit “D-I-V-O-R-C-E” – they felt her pain when she talked about her impending divorce happening that day and how she wished it would never happen.
Sadly the statistics show that about half the marriages today end in divorce. Those stats are not only staggering, but sad as well, after a happy marriage, meets a few bumps in the road and the next thing you know there is talk of divorce. Talking it out between yourselves, or, even with the assistance of an experienced marriage counselor, partners realize that they might be better off to live apart and so talk of dissolution of the marriage begins.
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:
Most people would like to think that their marriage bears this seal of approval, but, the sad truth is that, these days, nearly half of all marriages end in divorce – in fact, you might be surprised to know that in the U.S., someone gets divorced every 10 to 13 seconds. It seems that divorce is the solution when ideas and hearts no longer mesh – a disagreement or two, and harsh words are exchanged, then usually words perhaps are spoken, that are best left unsaid. Next thing you know, a couple is not seeking marriage counseling, but one or the other is headed to a divorce attorney. Often the source of discontent is money. So, sometimes, having the forethought to have a prenuptial agreement in place to iron out any money issues before the marriage takes place, may be helpful. But, in some instances, the mere suggestion of getting a “prenup” raises your partner’s hackles.
At one time, people married young, and stayed married for life, or until death robbed the remaining partner of longstanding love and companionship. It makes your heart feel good to see an elderly couple holding hands and still enjoying one another after so many decades.
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.
Spousal support, also often referred to as alimony, is the legal obligation for a person to provide financial support to their spouse before or after a legal separation or divorce. If you are on your way to divorce it is wise to consult a divorce attorney so that they can answer all of your questions in advance. A top divorce lawyer in Livingston will be happy to meet with you and will be able to answer any question you have.
During the pendency of the divorce, and, after the divorce decree, one spouse may be entitled to financial support from the other. The financial obligation to one’s ex-spouse permits the supported spouse to maintain a similar lifestyle as was enjoyed during the course of the marriage, until the spouse is able to support themselves.