Family Law Attorney in Burlington County
One common area of law is family law. Family law is a broad area of law that deals with legal issues affecting families. It encompasses topics such as marriage, divorce, child custody, adoption, and domestic violence. Family law deals with the legal aspects of family relationships and the rights and responsibilities of people involved in those relationships.
Here’s a look at some common family law topics. Contact Fiore Law for help with your legal issues in Cherry Hill, New Jersey.
Divorce
New Jersey recognized two types of grounds for divorce:
- No-fault. These divorces are based on irreconcilable differences, with no need to prove wrongdoing. The couple must have experienced issues for at least six months.
- Fault-based. A person can choose fault-based divorce for reasons such as adultery, cruelty, abandonment, addiction, imprisonment, and mental illness.
Getting a no-fault divorce is easier. However, some people want to prove fault because it can affect the following:
- Property division
- Child custody
- Spousal support
- Divorce settlements
To get a divorce, there is a residency requirement. One spouse must have lived in New Jersey for at least one year. For property division, the state follows equitable distribution, meaning the court divides marital assets fairly (but not necessarily 50/50). Factors include:
- Duration of marriage
- Standard of living during marriage
- Each spouse’s contribution to assets and debts
- Future earning potential
Child Custody and Support
There are two main types of child custody:
- Legal custody. This refers to the right to make major decisions about the child’s medical treatment, education, and religion.
- Physical custody. This refers to where the child primarily lives.
There can be joint or sole custody in either category. Child custody is based on the best interests of the child, which includes the following:
- The child’s needs and safety
- Parent-child relationships
- Stability of home environments
- History of abuse/domestic violence
- Willingness to communicate and cooperate
Child support is based on the New Jersey Child Support Guidelines. The amount paid depends on factors such as income, parenting time, number of children, and healthcare/childcare costs. The court can deviate from the guidelines for high-income families or special circumstances.
Alimony
Not all divorces qualify for alimony, but some do. Alimony, or spousal support, refers to an amount paid from one spouse to another to help the lower-income spouse maintain the standard of living they enjoyed while married.
There are several types of alimony in New Jersey:
- Open durational alimony. This is usually available for long-term marriages (20+ years) and continues indefinitely unless a major change occurs.
- Limited duration alimony. This is for shorter marriages and ends after a set period.
- Rehabilitative alimony. This is meant to support a spouse while they gain education or job skills.
When determining the alimony amount and length, the factors considered include:
- Duration of marriage
- Each spouse’s age, health, and earning potential
- Standard of living during marriage
- Contributions to the marriage
Contact Us Today
Family law encompasses many topics. Some parts, like adoption, can be exciting. Others, like divorce, can be complex and extremely emotional.
Legal matters can be stressful, but they do not have to be overwhelming when you have someone on your side. A Cherry Hill family law attorney from Fiore Law can assist you. Your best interests are always the center of our strategy. Contact us via (856) 214-8964 or online here.
Practice Areas
Divorce Alimony Asset Division Child Support Custody/ Parenting Time Business Owner Divorce