Fort Lee Family Lawyer
Whether you are in the process of divorce or an unmarried parent sharing child-rearing responsibility, family issues can be complicated and stressful. The law provides certain protections and rights to parents and their children. A Fort Lee family lawyer could help you handle many of the legal issues that can arise in a family.
There is much that is at stake, both economically and emotionally when you are separating or divorcing your ex-spouse. Our experienced team of passionate family attorneys could be the ally you need to successfully navigate the complexities of family court.
Common Financial Issues with Separation and Divorce
New Jersey law enforces the equitable distribution of assets on divorce. This means that all financial assets acquired during a marriage, from houses to personal property and pension plans, goes into the marital estate. These assets and debts are eligible for distribution to the divorcing parties. There are many factors that determine how the court allocates assets. A family law attorney could apply their experience to explain how the specifics of a particular situation might affect the case.
The parties must file a Marital Settlement Agreement (MSA)when getting divorced. Aside from equitable distribution, this agreement can address spousal support (alimony), issues related to children, and future expenses and liabilities.
The Marital Settlement Agreement then becomes part of the final judgment of divorce, giving it the full weight of a court order. Sanctions may be appropriate if a party fails to comply. In other cases, a modification of the MSA might be necessary. An experienced attorney in Fort Lee could help prepare the proper documentation for the many critical financial issues related to divorce.
Child Custody, Visitation, and Support Issues in Fort Lee
Whether or not they are legally married, parents are responsible for the financial support and welfare of their children. In all cases where parents are separated or divorced, they must address this legal obligation in writing. While the factual circumstances are different for every family, courts will always make a final determination based on the best interests of the child. This applies to custody, visitation, and child support orders.
There are two kinds of custody. Legal custody has to do with the decision-making authority of parents, and courts prefer that parents share these duties. This could apply to decisions around education, health, and religion. Physical custody relates to where the children reside, and which parent then is responsible for their daily care. Both kinds of custody can be shared, joint, or sole custody. Courts prefer that co-parents decide their custody arrangements, but they will review these arrangements to ensure that they adequately protect the welfare of all children.
How Could a Family Lawyer Help with Visitation in Fort Lee?
The parent who does not have physical custody of a child has a right to visitation. Judges generally prefer that parents develop a visitation agreement. In ensuring parents have access to their children, family courts have the power to enforce visitation orders. Custody and visitation agreements should be in writing and filed with the court in order to be enforceable.
Both parents owe financial support to their children, and the Child Support Guidelines in New Jersey require that the non-custodial parent pay support to the other for the benefit of the children. The state’s Guidelines consider each parent’s income, the children’s needs and other components factored into a formula for a weekly amount.
Reach Out to a Fort Lee Family Lawyer
Changes in a family through separation or divorce can be scary and overwhelming. Each family has particular circumstances that affect financial issues like spousal support and equitable distribution. With children involved, you want what is best for them now and in the future. Our team of Fort Lee family lawyers understands these issues and is prepared to help you and your loved ones move through a challenging transition. Call now to schedule an initial consultation for your case.