There are few matters that are as profoundly important and emotionally charged as family law issues, which may affect your life and the lives of your children for a long time in the future. At Brause, Brause & Ventrice, L.L.C., our Middlesex County family law lawyers are committed to representing our clients’ interests and carefully guiding them through the complexities that may arise. We are familiar with matters related to child custody and support, spousal support, and property division, among others. When so much is at stake, you should take the time to consult a divorce lawyer who can assist you.Guidance in Family Law Matters
In New Jersey, the majority of divorces are “no-fault” divorces. This means that a spouse seeking a divorce does not need to prove any wrongdoing or fault on the part of the other spouse. Instead, it is sufficient to claim that the spouses have “irreconcilable differences” that they are not able to resolve, and that there is no reasonable prospect of reconciliation. Although the law permits parties to seek a divorce based upon traditional allegations of "fault," such as extreme cruelty or adultery, "fault" has very little legal significance, and the vast majority of divorces are granted based upon "irreconcilable differences."
Child custody issues may quickly become contentious during a divorce. In New Jersey, there is a rebuttable presumption that children benefit from ongoing and frequent contact with both parents. As a result, the parents are encouraged to agree on a parenting plan themselves. If the parents cannot agree, however, the court will decide a custody arrangement for them. All child custody determinations in New Jersey are based on the ‘best interest of the child’ standard. A judge may consider a number of factors, such as the child’s physical health and safety, the child’s emotional needs, each parent’s ability and willingness to co-parent, the preferences of the child, and any other factor that may be relevant.
Parents have a duty to financially support their children. When it comes to child support in New Jersey, courts have relatively little discretion in setting the amount that must be paid. This is because the amount of child support is based on the New Jersey Child Support Guidelines that are set forth in the New Jersey Court Rules in the majority of cases. The Guidelines allow the judge to consider the child’s needs, the standard of living of each parent, each parent’s income and assets, how much time each parent spends with the child, and more. Still, it is important to note that child support orders may be modified if there has been a material and ongoing change in circumstances. Our family law attorneys can help Middlesex County residents pursue or defend against a modification if this issue arises.
Spousal support, also known as alimony, refers to an amount of money that one spouse pays to the other while the divorce is pending or after the divorce has been finalized. The purpose of spousal support is to allow the lesser-earning spouse to maintain a lifestyle that is comparable to the lifestyle that they maintained prior to the divorce, while leaving the payor spouse with sufficient income to also maintain a comparable lifestyle. In deciding the amount and duration of spousal support, the judge may examine the length of the marriage, the requesting spouse’s education and earning potential, each spouse’s physical and emotional health, their parental responsibilities, each spouse’s financial and non-financial contributions to the marriage, and other factors.
In some situations, mediation may be a useful way to resolve issues related to a divorce. Divorce mediation is a voluntary process in which a neutral third party, known as the mediator, guides you through the dissolution in a non-adversarial manner. The mediator does not represent either party and does not offer any legal advice but simply helps the parties communicate. The goal of mediation is to help you reach mutually acceptable terms of divorce. Mediation is often preferable to litigation because it is less costly, less time-consuming, and less stressful.Consult a Knowledgeable Family Law Lawyer in Middlesex County
At Brause, Brause & Ventrice, L.L.C., our Middlesex County family law attorneys are dedicated to helping you understand your rights and resolve any disputes in a timely manner. Our goal is to avoid the protracted stress and conflict that is often present in family law matters and provide a dignified, sustainable resolution. We represent residents throughout Middlesex County, including Woodbridge, Edison, Piscataway, New Brunswick, South Brunswick, East Brunswick, Iselin, and Metuchen, among other communities. Call us at 732-767-0044 or contact us online to set up a free consultation if you need a divorce or child custody attorney or assistance with any other family law matter.