Family Law FAQs
Prenuptial agreements, divorce, alimony, child custody…all of these family-related issues are personal, emotional, and can be quite overwhelming for those facing them. The New Jersey family law attorneys at Lomurro Law have been compassionately helping New Jersey families for more than 130 combined years. Our team has compiled answers to the questions we frequently receive regarding family law issues such as:
- What are the grounds for a divorce in New Jersey?
- How is property divided in a divorce?
- How is child custody determined?
- What kind of child support will I be expected to provide?
- Will I have to pay alimony to my former spouse?
What are the grounds for a divorce in New Jersey?
New Jersey is a mixed state, which means you can use “fault” grounds or “no-fault” grounds as the basis for your divorce. Divorce may also be based on a separation, providing you have been separated for a period of at least 18 months. In some cases, fault grounds provide an advantage when child custody is being contested or if there are other disputes regarding division of marital assets or alimony.
How is property divided in a divorce?
In New Jersey, which is considered an equitable division state, each spouse owns the income they earned during the marriage. Each spouse also has the right to manage property that is in his or her name only. When divorcing, the marital property will be divided by the judge based on what he or she deems to be fair, which may or may not be an equal division.
How is child custody determined?
New Jersey courts, like all other states, are guided by the premise that it is in the child’s best interests to have frequent, ongoing interaction with both parents after a divorce. So, when possible, judges will try and support joint custody arrangements. However, the details of child custody arrangements are dictated by what the judge believes to be in the best interests of the child or children.
What kind of child support will I be expected to provide?
Parents are required to support their children after a divorce. How much child support you will be expected to provide depends on your income, other resources, and the amount of time you will be spending with the child. In some cases, the earning potential of one parent is taken into account in determining the level of child support.
Will I have to pay alimony to my former spouse?
One spouse may require financial support from the other spouse – known as alimony – both during a divorce and after, to enable the supported spouse to maintain the same lifestyle at least until they can become self-supporting. In New Jersey, there are five different types of alimony: temporary, rehabilitative, limited duration, permanent, and reimbursement. The judge will consider several different factors when determining both the amount of alimony and the duration of the award.
Have More Questions? Contact Our New Jersey Family Attorneys For Answers.
The experienced New Jersey family lawyers at Lomurro Law understand the uncertainty and challenges surrounding divorce and other family-related matters. Talk to us about your situation. Contact a member of our team today at 732-482-9285 or online to arrange a confidential consultation. Our main office is conveniently located in Freehold, and we also offer consultation by videoconference. we can meet with you at your home.