New Jersey Divorce Lawyers And Family Law Attorneys
The family law attorneys enter a wide array of family matters from uncontested divorce cases to complex child custody matters. Areas of practice include, but are not limited to:
- Child Custody
- Child Support
- Domestic Violence
- Prenuptial Agreements
- Grandparent rights
- Post Judgment modifications
- Name changes
HOW HD ATTORNEYS WORK WITH DIVORCE CASES
Divorce proceedings can involve significant emotions and expense. Hoffman DiMuzio attorneys will work with you to minimize the emotional strain and cost often associated with these proceedings. The firm handles complex contested and uncontested divorces. During the divorce proceedings, we will assess all the assets and debts and strive to obtain the largest possible distribution of marital assets for clients. We will work closely with you to secure proper financial support through alimony. If children are involved, we will work with you to help you obtain custody of your children, proper child support payments and develop your preferred parenting plan.
ALIMONY: THE MOST CONTESTED DIVORCE ISSUE
Alimony is often the most contested issue in a divorce. Unlike child support which is generally determined by a formula, there is no specific formula to determine an alimony award or obligation. There are several factors that Courts consider that include, but are not limited to:
- Duration of the marriage
- Age and health of the litigants
- Standard of living during the marriage
- Earning capacity of each litigant
The Law Offices of Hoffman DiMuzio understands that an alimony award or obligation is a significant financial issue for clients. Each case is unique. Therefore, we approach every case differently. We will advocate for all of each client whether he or she needs financial support or to limit his or her financial obligations.
THE PHYSICAL AND LEGAL ASPECTS OF CHILD CUSTODY
With the dissolution of any marriage involving children, as well as with cases of unmarried parents, custody issues come to the forefront. Hoffman DiMuzio child custody lawyers will insure that a fair parenting plan, based upon the child’s best interest, is reached. We routinely handle child custody cases and can help to determine the best custody arrangement for you and your children. If contested, we will review the custody evaluator’s recommendation, identify the children’s preferences and explain how our custody statutes impact your specific case. Custody cases involve both physical and legal custody of the child. There are two types of child custody:
- Physical custody is where the child resides, and
- Legal custody entails the decision-making process for the parents including the right to decide educational preferences, religious practices, medical treatment and extracurricular activities.
Your child custody attorney will expertly address both the physical and legal aspects during your legal proceedings.
EFFECTIVE CHILD SUPPORT REPRESENTATION
Both parents have a legal obligation to financially support their children until the children are emancipated. Family litigation generally necessitates that the obligation be quantified and established by a Court. In most cases, one parent is designated the parent of primary residence and the other parent is designated the parent of alternate residence.
Although there are exceptions, the parent of alternate residence will likely be required to pay child support to the parent of primary residence on behalf of the child. In most cases, New Jersey has established a formula known as Child Support Guidelines for the calculation and quantification of a child support award. While the formula is the same in all counties of New Jersey, what is of significant importance are the various incomes and other costs that are entered into the formula that have an impact on the support calculation. It is in these complex areas that our attorneys can most effectively represent our clients.
Many relationships can involve domestic violence. The violence can be in the forms of physical violence, stalking and harassment.
Many people secure temporary restraining orders without a lawyer. However, the process when seeking a final restraining order is much different. Before a Judge will issue a final order, there must be a hearing wherein you have the opportunity to present evidence, witnesses, and testify. You will have this single opportunity to make your order final and permanent. If you make a mistake or fail to meet your burden of proof, your request will be denied.
If you have been accused of domestic violence you need legal help. A final restraining order does not expire after a period of time. It can stay on your record forever.
In addition to the criminal consequences, there are significant civil consequences to a final restraining order. You can be forced to move out of your home even if the victim is not a joint owner. You may be prohibited from having custody and parenting time with your children. Your ability to leave the country can be restricted. A final restraining order can threaten your ability to keep your existing job and/or find new employment. A court must conclude not only that an act of violence occurred but that a final restraining order is necessary in your circumstances to protect the alleged victim.
Prenuptial Agreements are governed by statute in New Jersey. It is important that your agreement comply with statute and be valid and binding.
Prenuptial Agreements are meant to make provisions for the disposition of assets and support in the event of a divorce. In the event of a second marriage they can also address issues regarding the death of a spouse including, but not limited to, providing housing and support for the surviving spouse while preserving assets for your children of a prior marriage or relationship after your spouse’s death.
If a parent does not allow a grandparent to visit with a grandchild, the grandparent has a statutory right to make application to the Court for grandparent visitation. A grandparent bears the burden proving that visitation is in the best interest of the children. The grandparent must do so by demonstrating that some harm will come to the child if the visitation is denied. The harm is usually not physical but psychological. This is most often demonstrated by a grandparent who was a full-time caretaker for the child in the past or where the child has lived with the grandparent for a substantial amount of time.
POST-JUDGMENT MODIFICATIONS REQUIRE A SKILLED ATTORNEY
Many times, the terms of a Final Judgment of Divorce or prior Court Order in non-divorce cases no longer accommodate a litigant’s or family’s needs. A change in circumstances may require that the terms of a judgment or order be changed. The change may be the result of an involuntary loss of income or a modification of a prior parenting plan.
Post-judgment applications may include the enforcement of prior provisions of judgments or court orders that a litigant is not adhering to. Oftentimes, applications of this nature may result in sanctions being imposed upon the non-compliant party that could include counsel fees. The requirements for post-judgment applications are defined by Court Order. They require the skill of an attorney. If the application that you file does not comply with the family rules or is insufficient to meet your burden, you will not have the opportunity to correct the application’s shortcomings the day of Court. The application will likely be dismissed and your efforts lost.
If you are the custodial parent of a child and you wish to move out of the State of New Jersey, you must file an application seeking the Court’s permission to relocate with your child absent the other parent’s consent.
You must demonstrate to the Court:
- A good faith reason for the move which may be a new marriage or job, and
- that the move will not be contrary to your children’s best interest.
If the Court finds that you have made an appropriate showing the burden, then falls to the non-custodial parent to demonstrate that a change in the current visitation schedule will negatively affect your child. A decrease in the amount of parenting time alone for the non-custodial parent is not enough to meet that burden.
If you and your spouse enjoy a shared parenting relationship, then the above-mentioned burdens are not applicable. In this instance, the parent seeking to relocate must meet a higher burden and demonstrate that the relocation is in the child’s best interest.
CHOOSING FAMILY LAWYERS
The skilled family attorneys at Hoffman DiMuzio have been providING legal services to individuals and families in the South Jersey area since 1978.
Expertise when dealing with family law cases in GLOUCESTER, CAMDEN, SALEM AND CUMBERLAND COUNTIES is critical in providing clients with the best possible outcomes.
Six Convenient NJ & Philadelphia Law Office Locations
Meeting with an experienced New Jersey divorce Lawyer is easy with our five convenient South Jersey locations. We will schedule a consultation at the office location that is nearest you.
Schedule A Consultation With An Experienced Divorce Lawyer
Client satisfaction is the ultimate goal.
Hoffman DiMuzio is a full-service law firm helping with all phases of life changes and events. Whatever your current problem to the full enjoyment of life is, Hoffman DiMuzio has the expertise, empathy and approach for a favorable resolution. Think of Hoffman DiMuzio as your law firm for whatever hurdles you face in your life.
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