Matrimonial Law in New Jersey
From domestic violence to divorce
The Law Firm of Frank D. Angelastro understands how much stress is caused by marital discord, especially allegations of violence or petitions for divorce. We work with you on a personal level to fully understand your view of your marital situation. Then we develop a plan of action to help you through this difficult time.
Domestic violence accusations
Domestic violence issues are governed by New Jersey's Domestic Violence Act. Under this law, domestic violence may include accusations of harassment, assault, criminal mischief and certain other specific acts. When you are accused of domestic violence, you may be subject to a restraining order which limits your access to your property and your children. Our law firm can help you overcome the restrictions that often follow domestic violence accusations.
Divorce
Our law firm helps you understand the challenging legal issues that you face during the difficult experience of divorce. We strive to make you as comfortable as possible while we work to uphold your rights.
|
What documents should I bring to our first meeting? It is better to bring more than less. Basic items include: your marriage certificate, last tax return, last three pay stubs, bank and other investment account information, records concerning your mortgage, credit card debts and any other debts. |
Grounds for divorce
New Jersey has recently amended its divorce statute to allow for divorce based on the irreconcilable differences. This is the fastest and easiest way to obtain a divorce in New Jersey. There are other grounds for divorce in New Jersey including separation for 18 consecutive months, extreme cruelty, adultery, and other causes.
You may also qualify for an annulment of your marriage under certain limited circumstances.
Contested and uncontested divorce
If you and your spouse are able to agree completely about division of property and payment of alimony, we work with your spouse's lawyer to prepare a Property Settlement Agreement (PSA). The family law judge will typically accept such agreements, and grant you an uncontested divorce. However, if you cannot agree on these matters, then our law firm helps you develop a strategy for your contested divorce.
Property division
New Jersey is an equitable distribution state. This means that if you and your spouse cannot work out your own property division agreement, the court divides the marital property equitably—which does not necessarily mean equally. The family court judge considers many different economic factors, especially your income and your debts.
Alimony
When establishing spousal maintenance, or alimony, the divorce court also considers a variety of factors. Many of them relate to the perceived ability of the spouse seeking maintenance to earn an independent living.
In both the division of property and the establishment of alimony, the court has broad discretion. Our law firm makes a strong case for your needs so that we can achieve the best possible financial outcome for you.
Child custody and visitation
You and your spouse may be able to agree on a child custody plan and a parenting schedule. This can be incorporated into your PSA. If you cannot agree, a judge will determine child custody and a parenting plan based on many factors which are largely subjective. We fight hard to preserve the relationship with your children that you deserve.
Child support
Child support is paid to the non-custodial parent according to a largely income-based formula established by New Jersey law. Whether you will be paying child support or receiving it, we help ensure that the amount is calculated correctly and that payments are made appropriately. We also assist with adjustments to the child support calculation based on significant changes in income.
Get help with all aspects of your New Jersey divorce
Our law firm is sympathetic to your struggle, but tough when negotiating with your spouse's lawyer. To schedule an appointment with a divorce lawyer in Newark, contact The Law Firm of Frank D. Angelastro.
