 Divorce disturbs every facet of our daily lives from our relationship with our children to our performance at work. It manages to cloud our thinking and preoccupy our thoughts. Even the strongest among us can fall prey to the emotional turmoil and vulnerability caused by divorce. During these highly charged times, it is crucial to have a strong, committed, and intelligent attorney protecting your legal rights and pursuing your objectives. Having an attorney to meet your legal needs gives you less to worry about and more time to focus on the healing and renewal process. Most people get through this rough period in their lives and so will you.
At the Law Offices of Jeffrey M. Bloom, we handle a variety of family law matters, including divorce, custody, child support, alimony, asset distribution, domestic violence and more.
Divorce
In terms of divorce, there are two types – Contested and Uncontested. A contested divorce means that the parties cannot agree about the issues, i.e. property, assets, debts, children, support etc. It resembles a standard lawsuit with a trial before a judge. However, these issues may be resolved by mediation. For a divorce to be uncontested there must be an agreement about all of the other issues.
Child Custody
 In New Jersey, it is most common that one parent is the primary residential parent, meaning this is where the child (ren) will live and the other parent has reasonable, liberal visitation (if no abuse). Both parents have a shared parental responsibility (joint custody) which means that important decisions about the child (ren) are decided together.
Child Support
Child support is a monetary payment for the benefit of the child/children. The payments are made by one parent to the parent who has the physical custody of the child. Both parents are responsible for the support of their children. New Jersey has child support guidelines. Child support is calculated by determining the net monthly income of both parents, number of children, daycare expenses if any and insurance for the children.
Spousal Maintenance (Alimony)
Alimony or spousal maintenance may be awarded to either spouse for their support after the divorce. Spousal maintenance payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle. The lifestyle cannot remain exactly the same, however, because the paying spouse will typically be required to maintain two households for a period of time. Spousal support may be in the form of Rehabilitative Alimony or Permanent Alimony.
Rehabilitative Alimony is ordinarily for a short period of time, such time being just long enough to assist the receiving spouse in getting on his or her feet.
To award Permanent Alimony, the court must consider certain factors in determination of spousal support:
- Extent of earning capacity of each party
- The supported spouse’s marketable skills
- Extent of supported spouse’s present or future earning capacity that diminished by the time devoted to domestic responsibilities
- Extent of supported spouse’s contribution to the supporting spouse’s training, and career development
- The supporting spouse’s ability to pay
- Standard of living during the marriage
- Debts and assets of each party
- Duration of the marriage
- Ability of the supporting spouse to obtain employment without adversely affecting the interests of children in her/his custody
- The spouse’s age and health
- Tax consequences
- Balance of hardships of both spouses
- Any other just and equitable considerations
Asset Distribution (Equitable Distribution)
In New Jersey, the proceeding for a dissolution marriage includes the distribution of marital assets and liabilities between the parties. The court begins with the premise that these will be divided equally but if there is justification for an unequal distribution then it is considered equitable and not necessarily equal.
Domestic Violence
 Domestic Violence is a phenomenon, which occurs with great frequency leaving behind more than one victim and creating an uncertain future for all parties. In New Jersey, Temporary Restraining Orders enter without notice to the accused offender. Final Restraining Orders enter only after a hearing where the alleged victim and accused are both given notice and opportunity to present their case.
A Final Restraining Order in New Jersey is permanent. However, it is possible to remove a Restraining Order.
Domestic Violence Restraining Orders can issue without any physical contact. Typically, those orders enter on the grounds of Harassment. Time is the enemy for both victims and accused in domestic violence matters.
Whether plaintiff or defendant going to Court for a domestic violence matter, your rights to live in your home, parent your children and to be financially secure will be impacted. We strongly urge you to secure independent legal advice prior to your Court appearance.
FAMILY LAW LINKS
Common child support questions
Division of Youth and Family Services (DYFS)
Child Support
Domestic Violence Resources
Domestic Violence Hotline
NJ Judiciary
NJ Statutes
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