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Legal Questions About New Jersey Family Law: Divorce and Child Custody
Divorce and child custody are two of the most emotional aspects of family law. You want to know as much about the process as possible, so you will be prepared to create an agreement and go to court. First, go over the answers to some of the most common questions related to divorce and child custody in New Jersey. Then, seek out an attorney for more information.
Answers to common family law questions
Learn answers to common family law questions, such as the grounds for divorce and child custody options. Learning the answers is a key step in filing for divorce and child custody in New Jersey. Armed with the right information, people can take steps to ensure their rights are represented. This also helps families do what is needed for the children.
What is the difference between a no-fault and fault divorce?
New Jersey allows couples to file for no-fault and fault divorce. No-fault divorces occur when couples have “irreconcilable differences.” Neither party places blame or accuses the other party of the breakdown of the marriage. At least one person in the couple must have lived in the state for a year before filing for divorce. In addition, there needs to have been “irreconcilable differences” for six months or longer.
In a fault divorce, one person must prove that the other party caused the breakdown of the marriage. Common grounds for filing a fault divorce include adultery, willful desertion, physical or mental cruelty, and drug and alcohol abuse. The reason for the divorce does not impact the division of property. However, it can determine the amount of alimony awarded.
How long does the divorce process take?
Various factors determine how long the divorce process takes. For example, couples filing a no-fault divorce with no or few issues to settle can complete the process in a few months. However, complicated divorce proceedings can take a year or longer. A family law attorney can use strategies to help both parties reach an agreement during the process.
What is the difference between physical and legal child custody?
Legal custody refers to the right to make decisions for the child. For instance, a parent with full legal custody can make all medical, religious, and education decisions. In contrast, parents that split legal custody have an equal say in all decisions. Physical custody refers to where the child lives. Parents can also split physical custody.
What factors do judges consider in child custody hearings?
There is a myth that mothers have an advantage in child custody hearings. However, judges view mothers and fathers as equal. Instead, they consider factors such as each parent’s living situation, communication abilities, criminal records, and family dynamics. Also, the judge will evaluate each parent’s relationship with the child, how close the two homes are to each other, and the work schedules when determining custody.
Can parents pay child support with shared custody?
The parent with the higher income normally has to pay child support, even when custody is shared. The amount of child support is reduced due to the shared custody agreement. Child support ensures the child receives adequate care and resources at both homes. A family law attorney can help parents determine how much their support obligation will be.
Speak to a family law attorney
Do you have additional questions regarding divorce or child custody? Consult with a family law attorney to get answers to your specific questions. The attorney can also review your case and create a legal strategy. Then, you can begin the process of getting a divorce and creating a fair custody agreement that will benefit your child. With the right agreement, your child can ease into the divorce.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt.
NOTE: This is for informational purposes only and does not constitute legal advice.
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