FAMILY LAWWhen faced with a New Jersey Family law issue, security, safety, and support are all very important. Every divorce, child custody dispute, or support case in Robbinsville and throughout New Jersey involves unique issues involving marital property, custody issues, and evaluation of marital assets and debts. The issues can be complicated and it is essential you are represented by an experienced lawyer who specializes in the area of family law. At the Law Offices of Joanna M. Perilli, LLC, we routinely handle various types of family law cases, including divorce, custody, alimony, and child support, ranging from uncomplicated and uncontested cases to highly complex matters. A typical family law case handled by Joanna Perilli will likely include an investigation and evaluation of assets; debt management; alimony; child custody, support & visitation; pension and business evaluation; and equitable distribution of property. Our New Jersey Family law attorneys and divorce attorneys provide our clients with aggressive, vigorous, and creative representation from start to finish.
DIVORCEIn New Jersey, a divorce will not be granted unless you satisfy the statutory requirements of the law. Some of these include, location of residency, duration of residency, and meeting the elements of one or more of the recognized grounds for divorce in New Jersey. The following is a list of areas that our Robbinsville and Mercer County Divorce lawyers can assist with:
- Uncontested or Contested Divorce Matters
- Child Custody, Support & Visitation
- Limited Duration Alimony, Permanent Alimony, Rehabilitative, & Reimbursement Alimony
- Equitable Distribution of Property
- Selling the marital home, mortgage modification, short sale, or foreclosure
- Prenuptial & Postnuptial Agreement
- Property Settlement Agreement
- Evaluation of assets and debts
CHILD CUSTODYOne of the most difficult experiences for any parent is fighting for the custody of their child or children. Custody cases must be handled with the support, guidance, and aggressive representation from a New Jersey Child Custody lawyer. The court will always ask the question: “What is in the best interest of the child?” The court has wide discretion in determining what is the best interest of the child, but will consistently utilize a number of factors. Some of the factors which the court has considered in making a custody determination are:
- (1) Parents’ ability to agree, communicate & cooperate in child-related matters;
- (2) Parents’ willingness to accept custody & any history of unwillingness to allowvisitation not based on substantial abuse;
- (3) Interactions & relationship of the child with its parents & siblings
- (4) History of domestic violence, if any;
- (5) Safety of child & safety of either parent from physical abuse by other parent;
- (6) Preference of child, when of sufficient age & capacity to reason;
- (7) Needs of child;
- (8) Stability of home environment offered by each parent;
- (9) Quality and continuity of child’s education;
- (10) Fitness of parents;
- (11) Geographic proximity of parents’ homes;
- (12) Extent & quality of time spent with a child prior to & subsequent toseparation;
- (13) Parents’ employment responsibilities; and
- (14) Number & ages of children.
Shared Physical Custody: This represents a more equal division of parenting time. In other words, the child lives with each parent for an approximately equal amount of time on a rotating basis such as alternate or rotating weeks.
Joint Physical Custody: This can be a break down in three ways: joint legal, shared physical, and a combination. Typically this occurs when both parents have access to the child’s personal records and both parents consult with each other to make important decisions on behalf of the child. Typically one parent will be the parent of the primary residence and the other the parent of the alternate residence.
Temporary Custody: This type of custody refers to the parent who actually has custody of the child at the time of the legal dispute. Prior to beginning litigation, you will need to file for temporary custody. Temporary custody is always based on the “best interests” of the child standard and it is not necessarily permanent or indicative of who will be granted permanent custody.
Sole Custody: This type of custody occurs when one parent has the authority to make important decisions on behalf of the child, and the other parent must be consulted, but the parent with sole legal custody has the final say. This type of custody is not common, as most court prefer that the parents work together and form joint legal custody.
Our Robbinsville family and child custody attorneys are well versed in each type of custody and can explain all available options to secure custody of your children.
Alimony is payment made by one spouse to the other spouse after your are divorced. It is either ordered by a court or specified in a mutual agreement between the parties. It is essential that you retain a New Jersey family law firm that practices in all areas of family law, including alimony. Our Robbinsville family lawyers can help you determine if alimony would apply in your divorce while also representing your best interests in resolving any financial complications that may arise.
The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:
- 1. The actual need and ability of the parties to pay.
- 2. The duration of the marriage.
- 3. The age, physical and emotional health of the parties.
- 4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.
- 5. The parties’ earning capability, education and employability.
- 6. The length of absence from the job market.
- 7. Parental responsibilities for the children.
- 8. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment.
- 9. The financial and non-financial contributions of each spouse to the marriage.
- 10. Equitable distribution.
- 11. Income available and non-financial contributions of each spouse to the marriage.
- 12. The tax consequences of alimony.
- 13. Any other factor which the court deems relevant.
At the Law Offices of Joanna M. Perilli, LLC, our Robbinsville family lawyers are ready to guide you through one of the most difficult and trying periods of your life. We will prepare you thoroughly: about the court system, about New Jersey law, and about how the court will look at your case. We help you present your story in front of a judge or mediator, while also assisting you in presenting your situation in the best possible light.
Our Robbinsville family attorneys can represent you throughout the entire state of New Jersey, including the Counties of Burlington, Monmouth, Ocean, Middlesex, Hunterdon, Somerset, Bergen, Passaic, Essex, Union and Hudson, and the municipalities of Robbinsville, East Windsor, Ewing, Hamilton, Hightstown, Hopewell, Lawrence, Pennington, Princeton Township, Princeton Borough, Trenton, West Windsor; Bordentown, Burlington, Chesterfield, Florence, Hainesport, Mansfield, Mount Laurel, New Hanover, Pemberton, Southampton, Springfield, Westampton, Willingboro, Cherry Hill, Maple Shade; Carteret, Cranbury, East Brunswick, Edison, Metuchen, Monroe, New Brunswick, North Brunswick, Old Bridge, Perth Amboy, South Brunswick, Woodbridge, Sayreville, Plainsboro; West Amwell, East Amwell, Raritan, Flemington, Franklin, Readington, Clinton, Union and More…