We all want a favorable outcome in a legal case, especially in a family law case. And the guidance of a good attorney can help ensure that your rights and interests are protected in a family law proceeding.

Weiner Law is a group of highly skilled and top-rated attorneys who give comprehensive counsel to families in Parsippany, New Jersey. A Parsippany family law lawyer from our firm can help you right away. Contact us today.   

Table of Contents show

What Is at Stake in a Family Law Case?

Whether you are dealing with a divorce or are working out the details of caring for your child with an ex-partner, a family law case can be complex. You might encounter the following in a family case.

Custody Proceedings

There are two categories of child custody in New Jersey: Physical custody and legal custody.

Legal custody is a parent’s right to make important decisions about their child’s upbringing, including their education, health care, and general welfare.

Physical custody, on the other hand, pertains to where the child lives on a day-to-day basis.

Types of custody arrangements

New Jersey courts customize custody arrangements according to the specific needs of each family. In a given case, a family law judge may make a mixture of the following custody decisions:

  • Joint Legal Custody—in which the parents share decision-making responsibilities; 
  • Sole Legal Custody—in which one parent has the exclusive right to make decisions;
  • Joint Physical Custody—in which the child spends significant time with both parents; and
  • Sole Physical Custody—in which the child lives primarily with one parent, while the other may have visitation rights.

In determining custody arrangements, New Jersey courts prioritize the best interests of the child. 

Factors that influence custody arrangements

A lot goes into making a legal decision that is in the best interests of a child. The court considers:

  • The child’s needs,
  • Each parent’s ability to cooperate with the other,
  • The child’s age, 
  • The quality of the child’s relationship with each parent,
  • Any history of abuse committed by either parent,
  • The continuity and quality of the child’s education,
  • The stability of each home environment,
  • The fitness of each parent,
  • How close the parents live to each other, 
  • The child’s preference if they are old enough and mature enough to weigh in, and 
  • Each parent’s employment responsibilities.

Proving that your desires regarding custody should be enforced in a court order may require a large amount of evidence from witnesses, healthcare providers, and education professionals.

A Parsippany family attorney from our firm can gather all the evidence necessary to argue your point in court and help make sure you receive fair and favorable treatment. 

Are you in the midst of a divorce or child custody dispute? We understand how complicated and frustrating this time may be. We're here to guide you. Contact us today for a confidential consultation. Contact Us

Child Support Proceedings

Child support helps ensure that a child’s financial needs are met after parents separate or divorce.

In New Jersey, both parents are responsible for supporting their children, and the amount of support is calculated based on New Jersey child support guidelines.

Key factors in calculating child support include:

  • The income of both parents,
  • The number of children requiring support,
  • The amount of time each parent spends with the child, and
  • Additional expenses related to the child’s health care and child care.

The support obligation typically continues until the child turns 19 or graduates from high school, whichever occurs later.

However, support may continue beyond 19 or high school graduation if the child has special needs or is pursuing higher education. Parents can also agree to extend support obligations beyond their child’s 19th birthday.

Property Division in Dissolution Proceedings

Not every New Jersey divorce (or dissolution of a union) involves child custody or child support issues, but every New Jersey divorce must include a determination regarding property division.

New Jersey divides spouses’ property in accordance with equitable distribution principles. Equitable distribution does not necessarily mean a 50/50 distribution but rather a fair distribution under the circumstances.

When deciding how to distribute property among divorcing spouses, the courts look at the following:

  • The duration of the marriage,
  • Each spouse’s economic circumstances,
  • The financial and non-financial contributions each spouse made to the marriage,
  • The lifestyle established and maintained during the marriage,
  • The age and health of each spouse,
  • Any written distribution of property agreements the spouses made before or during the marriage,
  • The earning capacity of each spouse,
  • The liabilities of each spouse, and
  • The custody rights and parenting needs of each spouse.

Asset division in your case might involve cash payments or placing your name as the sole owner on the title to a home or car.

Whatever your goals in property division, the advocacy of a Parsippany family law attorney from Weiner Law can make your goals easier to reach.

See what our clients have to say about our services:

Reach Out to Us Today

Alimony in Dissolution Proceedings

In addition to a share of the assets, either spouse might receive alimony in a divorce. Alimony, or spousal maintenance, is financial assistance provided by one spouse to the other following a dissolution.

In New Jersey, alimony is awarded based on the needs of the dependent spouse and the ability of the other spouse to pay. 

There are several types of alimony in New Jersey, including:

  • Open durational alimony, which is typically awarded in long-term marriages and can continue indefinitely unless modified;
  • Limited duration alimony, which is provided for a set period, often for marriages lasting less than 20 years;
  • Rehabilitative alimony, which is temporary support to help a spouse become self-sufficient; and
  • Reimbursement alimony, which compensates a spouse for contributions made to the other spouse’s education and career advancement.

Many of the factors that courts use to determine each spouse’s share of the property are the same factors that courts use to determine a spouse’s alimony rights.

Modification of Family Court Orders

Life circumstances can change significantly after an initial family law case, necessitating modifications to existing court orders related to custody, child support, and alimony. New Jersey law allows for such modifications under specific conditions.

In addition to a change in circumstances, a party seeking the modification of a family law order might need to prove:

  • The proposed change to their order is in the best interest of their child,
  • The proposed change to their order is warranted because of their diminished financial circumstances or increased financial needs,
  • The proposed change to their order is warranted because of the other party’s increased financial circumstances, or 
  • The proposed change to their order is warranted because of a change in a custody arrangement.

We understand that returning to court or negotiating a new family law agreement may not be an enjoyable experience. However, consistently monitoring and enforcing your family law rights can be crucial to your well-being and the well-being of your family.

Weiner Law Can Handle Every Step

Relationships mean everything to us at Weiner Law. And each Parsippany family law lawyer at Weiner Law wants to ensure that your relationships are handled properly in a court of law.

We have been in practice for over 30 years, and our clients give us the highest ratings.

We have decades of winning under our belts. We have helped thousands of clients. And you can find us in eight different locations around New Jersey.

If you need legal advice regarding your family law matter, give us a call or contact us online.