| Phone: | (848) 266-5124 |
| Email: | info@thesclawoffice.com |
| Address: |
228 Maple Ave, Red Bank, NJ 07701 |
| Phone: | (848) 266-5124 |
| Email: | info@thesclawoffice.com |
| Address: |
228 Maple Ave, Red Bank, NJ 07701 |
Welcome to our resources page. At Sanvenero & Cittadino Attorneys at Law, we believe in empowering individuals with the knowledge they need to make informed decisions. Below, you’ll find resources that may assist you with various legal matters, whether you’re facing a legal issue now or preparing for the future.
Visit our blog for valuable insights, updates on relevant laws, and practical advice, helping you stay informed and make better decisions regarding your legal matters.
New Jersey Courts: NJ Courts Website
The official site for the New Jersey Judiciary system. Here you can access court forms, information on case types, court rules, and much more.
New Jersey Courts Family Law Division: NJ Courts Family Law Website
The Family Law Courts Division of the New Jersey court system. Here you can find forms, contacts, dockets, and victims' assistance all pertaining to family law matters.
New Jersey Legal Aid: NJ Legal Aid
A non-profit organization offering free legal services to low-income New Jersey residents. Find resources to connect with legal aid in your area.
State of New Jersey – Legal Forms: NJ Legal Forms
This page provides access to a variety of legal forms for New Jersey residents, including forms for family law, real estate, probate, and civil litigation.
Legal terminology can be overwhelming. Here’s a breakdown of some commonly used terms:
If you need help with legal definitions or have questions, don’t hesitate to contact us! We can be reached at 848-266-5124 or feel free to use our online contact form.
How Do I Start the Divorce Process in NJ?
In New Jersey, filing for divorce begins with submitting a complaint for divorce to the Superior Court. We offer guidance on this step, including how to handle custody and division of assets.
What are the grounds for divorce in New Jersey?
In New Jersey, you can file for divorce based on either no-fault or fault-based grounds. No-fault grounds include irreconcilable differences (if you and your spouse have been separated for at least 6 months) or separation for at least 18 months. Fault-based grounds include adultery, cruelty, desertion, or addiction. Most people file for divorce on no-fault grounds to avoid lengthy proceedings.
How is child custody determined in New Jersey?
New Jersey courts determine child custody based on what is in the best interests of the child. Several factors are considered, such as:
Courts prefer joint custody when possible, but if that’s not in the child’s best interests, one parent may be awarded sole custody.
What is child support in New Jersey, and how is it calculated?
Child support is determined based on the New Jersey Child Support Guidelines. The amount is calculated using both parents’ income, the number of children involved, the time each parent spends with the children, and other factors. The state has set guidelines to ensure that support is fair and covers the child’s basic needs, including housing, food, and healthcare.
What is alimony, and how is it decided?
Alimony (spousal support) is financial support paid from one spouse to the other after a divorce. In New Jersey, alimony can be awarded on a temporary or permanent basis, depending on factors like:
New Jersey law offers several types of alimony, including open durational, rehabilitative, limited duration, and temporary.
How are assets divided in a New Jersey divorce?
New Jersey is an equitable distribution state, meaning that marital assets are divided fairly but not necessarily equally. Factors like the duration of the marriage, the contributions of each spouse, the financial circumstances of both parties, and the value of the property are considered in determining the distribution.
What is a parenting plan, and is it required in New Jersey?
A parenting plan is a written document that outlines how divorced or separated parents will share responsibilities for their children. It includes custody arrangements, visitation schedules, holidays, and decision-making authority for major issues like education and healthcare. While not always required, courts encourage parents to create a parenting plan to avoid disputes. If parents cannot agree, the court will establish a plan in the best interests of the child.
Can I modify child support or custody after my divorce?
Yes, child support and custody arrangements can be modified if there’s a significant change in circumstances, such as a change in income, job loss, relocation, or a change in the child’s needs. You’ll need to file a motion with the court to request a modification, and the court will decide based on the best interests of the child.
What is the difference between legal custody and physical custody?
Do I need a lawyer for my family law case in New Jersey?
While you are not required to hire a lawyer, it’s highly recommended, especially if your case involves complex issues like child custody, alimony, or the division of assets. An experienced family law attorney can ensure that your rights are protected and help guide you through the legal process.
What happens if my ex-spouse doesn’t pay child support?
If your ex-spouse fails to pay child support in New Jersey, you can seek enforcement through the New Jersey Child Support Program. Enforcement actions may include wage garnishment, property liens, and even suspension of driver’s licenses or professional licenses. The court may also hold the non-paying parent in contempt, which could result in fines or imprisonment.
How is spousal support (alimony) affected if my ex-spouse remarries or starts living with someone else?
If your ex-spouse remarries or begins cohabitating with a new partner, you can petition the court to modify or terminate alimony. The court will review whether the new relationship has affected the financial need of your ex-spouse or your ability to pay.
What is domestic violence, and how can I get protection in New Jersey?
Domestic violence in New Jersey includes physical, emotional, and psychological abuse between family or household members. If you are a victim of domestic violence, you can file for a temporary restraining order (TRO), which can provide immediate protection. A hearing will be scheduled, and the court may issue a final restraining order (FRO) if warranted.
Can I get a legal separation in New Jersey instead of a divorce?
New Jersey does not offer a formal “legal separation.” However, if you and your spouse live separately, you may enter into a separation agreement to outline custody, support, and property division. This agreement can be used in the divorce process if you decide to file for divorce later.
How long does a divorce take in New Jersey?
The duration of a divorce in New Jersey depends on several factors, including the complexity of the case, whether the divorce is contested or uncontested, and the court’s caseload. A simple, uncontested divorce can take a few months, while a contested divorce may take over a year.
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