Family Law
South Jersey Family Lawyers
Family law covers a significant amount of ground, such as divorce and the ramifications of a divorce. It also covers the way couples split their assets and determines the living arrangements of the children. It also provides freedom for those looking to break away from an abusive relationship.
Regardless of the circumstances, your family law case is extremely personal to you. However, this could also mean that your emotions could cloud your judgement, but one of our lawyers can help. We have years of experience in family law, and we will help you make decisions based on what is good for you and your family.
At Goldstein & Mignogna, P.A., we are there for each one of our clients, especially since we know they are going through a difficult time. Some of our family law practice areas are listed below.
Divorce
The ending of a marriage can be a difficult and traumatic event for both spouses. It represents the dissolution of a relationship. That conclusion can leave to feelings of bitterness toward each other. Those feelings can get ramped up even more when there are children involved or infidelity.
When you file for a divorce in New Jersey, you have the option of filing for a no-fault or fault divorce. A no-fault divorce means the dissolution of the marriage does not require a showing of wrongdoing by one of the spouses. A fault divorce may be granted if one spouse did something that led to the end of the marriage. Whichever path you choose will have no bearing on the disbursements of assets.
High-Asset Divorce
Determining how to divide the joint marital assets in a relationship can be difficult in a standard divorce. It can become even more combative when you are dealing with high-net-worth assets.
Given the significant amount of money at stake, these situations can go on for months. It is important to know that states manage the splitting of assets differently. New Jersey practices equitable distribution, which means that the court will divide assets fairly, but this is not necessarily a 50/50 split.
Child Custody
Children can complicate the divorce process because they often invoke strong emotions in both spouses. When there are children involved, determining child custody arrangements can be difficult. The children may not fully understand the separation of their parents as well.
An ideal situation is when the soon-to-be ex-spouses act civil toward each other so that the two can work together to determine a schedule that works best for everyone involved. However, that is not always the case, and the two can have some strife between them, which could also lead to long and costly court battles.
In New Jersey, the courts will allow joint or sole custody. Under the former, the child splits their time equally with both parents, and both of them make major decisions together on the benefit of the child. Under the latter, the child lives with one parent who makes all the decisions on their behalf and does not have to consult the other parent.
Child Support
When there is a sole custody arrangement, the parent who does not have custody is still responsible for providing the same financial compensation they would have provided had they still been married. These expenses include education, food, clothing, and other recreational activities that will enrich the child’s life.
During divorce proceedings, the ex-partners will come to an agreement, or a judge will decide on an ideal child support package. The parent who is making the payments must make them on time and in full, while the parent receiving them must use them for the purpose in which they were intended and not for personal or superfluous expenses.
Alimony
Alimony is often at the root of most divorce issues. Alimony is a court-ordered payment to one spouse for a period of time. This helps the spouse live comfortably after the divorce. Determining the amount and length of alimony depends on several factors, such as the duration of the marriage, the spouses’ earning capacities, and the age, physical, and emotional health of both parties.
There are five types of support: temporary (pendente lite), limited duration, rehabilitative, reimbursement, and permanent alimony. The judge will determine which will be awarded and for how long.
Domestic Violence
Domestic violence can take on many forms, including physical abuse, mental abuse, and emotional abuse. Domestic violence impacts everyone in the family. Many spouses remain in these abusive relationships because they fear the consequences of leaving.
When you are stuck in this situation, it is crucial to think about your safety and your children’s safety. Confide in someone you trust, and call the police as soon as possible. You will have to prove that the abuse took place, but this will impact the custody of your children after a divorce.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are made between two spouses, and these legal documents determine how the spouses will divide their assets between the two of them if they decide to divorce. A prenuptial agreement is drawn up prior to a couple getting married. A postnuptial agreement is put together in the midst of a marriage. Both are enforceable by law, assuming that they are fair and equitable.
Both spouses must fully disclose their assets and income so that there is a full understanding of how much is being divided. A judge must approve them and determine if each party is treated fairly in the agreement.
Mediation
When divorcing spouses can work together, they will go through a mediation process to reach a fair settlement. While these are not traditionally confrontational arrangements, it is wise to have a lawyer represent your interests in these proceedings to ensure that your desires are being represented.
In mediation, the two parties will negotiate all aspects of the divorce, including property division, child custody, child support payments, and alimony. Once an agreement is made between the two parties, it will be brought before a judge. A judge might reject an agreement if they determine that it unfairly favors one side over the other. A judge might also reject an agreement if it does not favor the child.
Once an agreement is reached, the divorce becomes finalized. The couple must then execute the agreement.
Why Do I Need a Family Law Lawyer?
A family law lawyer will represent your best interests. They will represent you when they are negotiating with your ex-partner’s lawyer to protect you from entering into an agreement that is unfair or unjust. A lawyer can also make sure that your ex-partner fulfills their obligation after the divorce, including staying current on their alimony and child support payments.
When a couple does not have an amicable relationship, it could mean an unwillingness to compromise and work together. A lawyer will represent your interests in court and lay out a case for why you deserve fair assets or custody of the children. While the experience can be emotional, a lawyer can make clear-headed decisions and recommendations.
South Jersey Family Lawyers at Goldstein & Mignogna, P.A. Are the Steady Hands You Need During Your Divorce
It is difficult to go through family law matters, but a strong legal advocate can be by your side. Our South Jersey family lawyers at Goldstein & Mignogna, P.A. are here to help. Let our experience guide you through this challenging time. Call us at 856-890-9400 or contact us online to schedule your initial appointment. Located in Marlton, New Jersey, we serve clients throughout South Jersey, including Marlton, Burlington County, Camden County, and Gloucester County.