When discussing New Jersey family law, it is important to understand that it is a term that encompasses many different legal matters. This includes divorce, prenuptial agreements, paternity, child support, and more.
Learning more about family law and what it includes can help you feel more confident when dealing with one of these legal matters. Additionally, knowing about family law can help you find the right New Jersey family lawyer when the time comes.
The Divorce Process
Before filing for divorce in New Jersey, there are several requirements you should understand. First, you must understand the residency requirements. The parties who are divorcing must be living in the state for a set amount of time before they are allowed to file.
Additionally, you must file the proper forms. This varies based on if children are involved. Because divorce can be complex and confusing, it is recommended that you work with an experienced attorney to ensure you take the right steps when filing for divorce.
The Process for Same-Sex Divorce
Same-sex couples have the same rights as other couples, including divorce. However, there are a few different considerations that same-sex couples must keep in mind when divorcing.
For example, since same-sex marriage has only been legal for a few years, even couples who have lived together for decades may find the property division process is not as black and white as it is for others.
The Annulment Process
An annulment is not the same thing as a divorce. Annulments are under the family law umbrella, but unlike divorce, an annulment means the marriage never happened.
It is much more challenging to get an annulment than a divorce. Because of this, it is not something that many people pursue; however, it is an option.
Prenuptial Agreements
Many people who marry later in life have more wealth and assets than those who marry at younger ages. In these situations, having a prenuptial agreement is a smart way to divide property and outline each party’s rights before signing the marriage license.
If you are in a NJ family law dispute down the road, these documents are invaluable. It is necessary to make sure the prenuptial agreement is drafted by an attorney so that the terms will be legally binding.
Child Custody Considerations
Several types of child custody are available in New Jersey, which is often confusing for divorcing parents. You must consider legal and physical custody, which refer to each parent’s rights to make decisions on their behalf, including where they live.
Additionally, custody matters like joint or sole custody must be considered, along with parenting time and shared custody. All the elements of child custody situations require the help of an experienced NJ family law attorney.
Child Support Considerations
Another major source of litigation related to family law in New Jersey is child support. A family law attorney will understand how the courts approach these matters and help their client achieve the best outcome for their situation.
When child support decisions are made, the court will consider both parents’ incomes. If one parent is awarded child support, the expectation is that they will cover a child’s basic expenses with that money.
The court may require discretionary child support for affluent New Jersey families who make over a certain amount of money annually. All this depends on the family’s circumstances.
Restraining Orders and Domestic Violence
If their partner has threatened a person’s well-being or safety, it is possible to have a restraining order issued. Victims under the domestic violence statute are anyone who is over 18 or a minor unless the victim has a child (or will have a child) with the other individual. Additionally, the person must have experienced domestic violence by someone they had an intimate relationship with or shared a home with.
Restraining orders protect the victim by prohibiting the other party from coming close to them, including their workplace and home.
Hire a New Jersey Family Lawyer for Help with Your Family Law Matter
As you can see, New Jersey family law encompasses many different things. If you need a family attorney, we are here to help. Our law firm has several years of experience helping those dealing with this issue and will work to resolve your family law matter based on your wishes and needs.
We fight for your rights and needs and will help you better understand the family law process.
