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Tag: Family Law

Trends in Divorce and Family Law

Divorce and Family LawDivorce 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.

The Evolution of Gender Roles in Marriage

Gender Roles in MarriageOnce upon a time, young adults all aspired for the same thing – a good job, find a partner, move to the ‘burbs, start a family, get a dog … live happily ever after.  Young women seldom had a career, opting instead to marry, become a homemaker and stay home with the children.  The term “stay-at-home mom” had not even been coined yet – it was just expected of young women, that she forsake any future plans … she would be there for her husband and kids.

What is Child Support?

What is Child SupportChild 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.

What is a Collaborative Divorce?

Collaborate
Two People Putting a Puzzle Together

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.

Is Common Law Legal in NJ?

Prenuptial Agreement and Rings
Prenuptial Agreement

New Jersey is a common law state. In the United States there are two basic legal systems which govern marital property: common law and community property. The community property system is founded on Spanish law and is usually practiced in the western and south western portions of the United States. Alaska offers couples the right to opt in for community property. Common law, on the other hand has its foundation in English law and it is what governs most of the states including New Jersey.

Common Family Law Questions

Family Law Questions
Family Made of Paper

Generally speaking, most family members can make decisions together concerning their lives without any type of intervention from outside sources. But there are those times when a family law attorney should be consulted for advice or legal counsel. When a divorce occurs an attorney who is familiar with NJ family law can help couples or families sort through the facts and come to resolutions. Most of the time, NJ family law concentrates on divorce or issues pertaining to child custody but there can be other reasons that a NJ family law attorney is needed. Here are some of the questions commonly asked about NJ family law.