Family law plays a crucial role in helping families resolve sensitive legal matters, including but not limited to divorce. If you’re facing a family law issue, such as custody, parenting time, domestic violence, or divorce, and reside in Cape May County, protecting your rights from the beginning is essential. A vital first step is seeking the skilled legal guidance of a trusted Cape May County family law attorney at Weinberg, Kaplan & Smith, P.A.
The Terms of Divorce
In the State of New Jersey, we are a no-fault state, which means that most divorces are based on the grounds of irreconcilable differences. While every divorce case is specific to the couple who is going through it, the terms that must be resolved are based on the statutes and legal standards that apply to all individuals in New Jersey.
Child Custody Arrangements
Child custody in New Jersey addresses both legal custody, which refers to decision-making authority, and visitation. These arrangements are always based on the children’s best interests. Whenever possible, this means maximizing the amount of involvement each parent has in their children’s lives.
Legal custody, which is often joint, addresses important parenting decisions about topics like the following:
- The children’s schooling
- The children’s medical care
- The children’s participation in extracurricular activities and travel
- The children’s religious upbringing
Similarly, physical custody may be split between both parents equally, but in some cases, one parent becomes the primary custodial parent. This involves having the children for a greater percentage of the time.
While some believe that New Jersey law requires parents to have equal parenting time, that is a misinterpretation of the law.
The applicable statute, N.J.S.A. § 9:2-4, makes clear that it is the public policy of New Jersey to ensure frequent and continuing contact between children and both parents following separation or divorce, it does not indicate parties must have equal parenting time. Within this framework, N.J.S.A. § 9:2-4 also provides that a parent shall not be deemed unfit unless the parent’s conduct has a “substantial adverse effect on the child.”
Parents should be aware that the best interests of the children are always the primary consideration when determining custody and parenting time.
Child Support
Child support is calculated in terms of clear state guidelines that factor in the number of children addressed by the order, each parent’s income, and the amount of visitation each parent receives. This is an income shares model that considers both parents’ earnings.
The Division of Marital Property
In New Jersey, the assets that either spouse or both spouses acquired during the marriage are classified as marital assets. In a divorce, this marital property must be divided equitably. This means fairly, in light of the unique situation, which can be different from a strictly equal distribution.
Alimony
Alimony in New Jersey is more common after marriages of considerable duration. When divorce leaves one spouse without the means to support themself while the other has the financial ability to assist, alimony may be ordered. The bigger the financial discrepancy, the greater the chance that alimony will play a role. Similarly, the standard of living during the marriage will be considered when determining whether alimony is warranted in a particular matter.
Mediation
Most cases involving divorce terms are settled out of court. Mediation offers a structured, collaborative way to resolve issues with the help of a neutral third-party. During mediation, both spouses and their respective attorneys work with a neutral third-party mediator to resolve all outstanding issues in a structured and cooperative setting. This process often leads to more efficient, cost-effective outcomes while allowing both parties greater control over the final agreement.
Turn to an Experienced Cape May County Family Law Lawyer for the Help You Need
The dedicated Cape May County, NJ, family law attorneys at Weinberg, Kaplan, & Smith P.A. appreciate the significance of your case. We have the experience and commitment to fiercely protect your rights while skillfully advocating for favorable terms. Learn more by contacting up online.