|
At the law firm of I. Jacob Weingarten, in Butler, New Jersey,
I represent clients with family law matters. My firm counsels
clients throughout New Jersey, including Sussex, Passaic, and
Morris counties, which include the communities of Butler, Wayne,
West Milford, Pompton Lakes, Kinnelon, Riverdale, and Bloomingdale.
The information provided is a brief overview of family law.
Family Law - An Overview
Family law is the term applied to the laws and rules developed
regarding family relationships. Family law rules define not
only the relationships between members of a family but also
between a family and society as a whole. More than any other
area of the law, family law reflects the values society shares
regarding how people who are related should treat each other.
When you are faced with an important life decision regarding
a key family relationship, the advice and assistance of a family
law attorney often proves crucial to your understanding of the
issues involved and your satisfaction with the ultimate outcome
of your family law matter.
Typically, family law attorneys assist people in making and
breaking family relationships. Specific areas of representation
include marriage and relationship planning, divorce, paternity,
child custody, and child support. Some family law attorneys
also provide assistance in the area of adoption.
Marriage
Marriage is a legal and business union as much as it is a romantic
one. Because marriage is a legal and business arrangement, it
may be wise to consult with an attorney about the advantages
of premarital or prenuptial agreements. Many couples find it
helpful to work through financial issues and the potential disagreements
such issues can create before entering into a marriage.
Divorce
Divorce is a method of terminating a marriage contract between
two individuals. From a legal standpoint, divorce restores an
individual's right to marry someone else. The process also legally
divides marital assets and debts and determines the care and
custody of the children. Each state addresses these issues differently.
However, most states follow the same basic principles and use
relatively uniform standards.
In some states you need to prove fault, commonly referred to
as grounds, to obtain a divorce. However, the majority of states
allow at least one form of no-fault divorce in which the spouses
are not required to prove that the other caused the breakdown
of the marriage. If no-fault grounds for divorce are available
in your state, either you or your spouse may obtain a divorce,
even if one of you does not consent to the divorce. In some
states both fault and no-fault divorce are available.
In most divorces, the primary issues to be decided are alimony
or spousal support, property division, and, if there are children,
child custody, visitation, and child support. When spouses agree
on how to resolve these issues, they can usually obtain a divorce
quickly. However, in many cases, divorcing spouses have disputes
regarding their post-marriage financial arrangements and the
care and custody of their children. Property division and alimony
are often hotly contested issues in divorce proceedings, but
the early advice of a family law attorney may be able to impact
the ultimate result favorably.
Child Custody and Visitation
The care and upbringing of children following divorce is often
an ongoing source of conflict for divorcing parents. Custody
must address both physical custody and legal custody. Physical
custody typically involves allocating parental rights and responsibilities
regarding the day-to-day care and activities of the children.
Legal custody typically involves allocating the legal rights
and responsibilities associated with the child's upbringing.
Sometimes the parents agree to an arrangement; sometimes the
court determines one for them. In the past, courts routinely
gave mothers physical custody and gave fathers visitation rights.
Today, the courts have begun to realize that sometimes it is
in the best interests of the children to reside with the father
and reverse the roles of the parents. In general, the courts
favor joint ongoing child rearing responsibilities with the
children residing where it is most practical and where they
will flourish. The advice and assistance of a family law attorney
can help parents to establish child custody and visitation agreements
that focus on the interests of the children.
Child Support
Parents must financially support their children. That obligation
usually lasts until the child reaches the age of majority (usually
18 or 21 years old depending on state law) or becomes self-supporting.
An order for child support may be entered during or after a
divorce, and either parent may be ordered to pay support depending
upon how custody is arranged. In most states, an unmarried mother
may also file a petition for child support in family court,
and an order for support will be entered once paternity has
been established.
A parent who fails to remain current on his or her child support
obligations faces significant penalties. Every state has a child
support enforcement office that works with the family court
to suspend professional or business licenses, take away driver
and recreational licenses, require payment of future owed sums
in advance, or place non-paying parents in jail when child support
obligations are overdue. Because of the state specific requirements
involved in child support, parents can benefit from the advice
and involvement of a family law attorney at our firm when child
support issues arise.
Conclusion
Family relations create a host of legal consequences. Whether
you are contemplating marriage or divorce or are considering
adoption, a family law attorney at our firm can explain the
laws that apply to your particular situation and help you to
make the best choices for you and your family.
DISCLAIMER: This site and any information contained herein
are intended for informational purposes only and should not
be construed as legal advice. Seek competent legal counsel for
advice on any legal matter.
Frequently Asked Questions about Family Law
Q: What is the
legal definition of marriage?
A:
Most states define marriage as a civil contract between
a man and a woman to become husband and wife. The standard way
to marry is to get a marriage license from a state-authorized
official and participate in a formal civil or religious wedding
ceremony.
Q: What are the
legal effects of marriage?
A: There are
several federal and state laws that benefit married couples.
Some examples include the right to file joint income tax returns,
create a family limited partnership (FLP) under federal tax
laws, create a marital life estate trust, receive survivor benefits,
receive a share of your deceased spouse's estate under intestate
succession laws, and claim the estate tax marital deduction.
Contact me today for an experienced NJ Family Court
Attorney.
Law Office of I. Jacob Weingarten
10 Park Place Butler, NJ 07405
Phone: (973) 838-4898
Fax: (973) 838-5245
ijwlaw@aol.com
|
