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Family Law Amdur, Maggs & Dugan Is Here For You

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Monmouth County Family Lawyer

Call (732) 474-7531 for a New Divorce Consultation.

Every matter of family law can be complicated and emotional due to its highly personal nature. Here at Amdur, Maggs & Dugan, we are dedicated to skillfully representing you. We have extensive experience in all divorce and family law issues, and we focus on getting the best possible results for your unique case.

Need help with your divorce? Contact our experienced Monmouth County family lawyers at (732) 474-7531 for a consultation today. We’re here to guide you through every step.

Why Choose Our Family Law Attorneys?

  • 50 years' combined family law experience
  • One-on-one service to level the playing field
  • Skilled trial advocacy at your side
  • Consultation for new divorces to review your options
  • A team approach

Whether you need a prenuptial agreement, are seeking a modification of current support payments, or you are looking to have your visitation rights enforced, you can rely on our experienced family law firm. Discover how we can help you craft a personalized strategy for your specific case when you contact us today.

Protect Your Rights in Family Law Cases

When it comes to complex family law cases, it's important to have a knowledgeable and experienced attorney on your side. Our Monmouth County family law attorneys have a deep understanding of the complexities of family law in New Jersey and can provide you with the guidance and representation you need to protect your rights.

Benefits of consulting with our experienced  Monmouth County family law attorney include: 

  • Understanding state laws pertaining to marriage, divorce, child support, alimony, etc.
  • Providing valuable advice regarding dividing assets fairly between parties.
  • Crafting agreements that are tailored to meet both parties’ needs.
  • Understanding the Monmouth County court system and can guide you through it effectively.
  • Ensuring that any settlement or court decision is equitable for all parties involved.

Whether you're going through a divorce or dealing with a child custody dispute, or anything else, our team is committed to advocating for the best interests of you and your family. Contact us today to schedule a consultation and discuss your case with a qualified Monmouth County family lawyer.

Divorce Process in New Jersey: What to Expect

Divorce can be a complex and emotional process, but understanding the steps involved can help make the journey smoother. Here’s what you can expect in New Jersey:

  • Filing the Petition: The divorce process starts when one spouse (the plaintiff) files a divorce petition with the court. This document outlines the reasons for divorce and any requests for property division, child custody, or support.
  • Temporary Orders: After filing, you may request temporary orders to address immediate issues, such as child custody, support, and alimony. These orders are in place until the final divorce agreement is reached.
  • Mediation: New Jersey encourages couples to resolve divorce issues through mediation. This process involves a neutral third party helping both spouses reach agreements on key issues like child custody, asset division, and support. Mediation can save time and reduce costs compared to a trial.
  • Discovery: This phase involves the exchange of information between both parties. Each side will disclose financial documents, assets, debts, and any other relevant details. This helps ensure a fair division of property and determination of support.
  • Final Hearing or Trial: If mediation doesn’t lead to an agreement, a final hearing or trial may be scheduled. A judge will make decisions on contested issues, and both spouses will present evidence and arguments.

Each of these steps plays a crucial role in the divorce process. Having a knowledgeable family lawyer by your side can help ensure your rights are protected.

Understanding Child Custody and Visitation Rights

Child custody is often one of the most emotional and complex aspects of divorce. New Jersey law considers various factors to determine what’s best for the child.

Legal vs. Physical Custody:

  • Legal Custody: The right to make major decisions about the child’s life, such as education, healthcare, and religion.
  • Physical Custody: Refers to where the child lives. It could be with one parent (sole physical custody) or split between both parents (joint physical custody).

Sole vs. Joint Custody:

  • Sole Custody: One parent has primary responsibility for the child, including decision-making and living arrangements.
  • Joint Custody: Both parents share decision-making authority and may have equal or significant time with the child.

Visitation Rights: If one parent has sole custody, the non-custodial parent typically gets visitation rights. Visitation schedules are designed to ensure the child maintains a meaningful relationship with both parents. Courts consider factors like the child’s age, health, and the parents’ relationship to determine visitation schedules.

An experienced attorney can help negotiate a fair custody arrangement, whether through mediation or in court, ensuring your child’s best interests are prioritized.

Spousal Support and Alimony in New Jersey

In New Jersey, alimony is awarded to one spouse after a divorce to help them maintain a similar standard of living. The amount and duration of alimony depend on several factors:

  • Length of Marriage: Longer marriages generally lead to higher and longer-lasting alimony payments.
  • Financial Need: The court considers the financial needs of the spouse requesting support. This includes their ability to support themselves, whether they have children to care for, and their standard of living during the marriage.
  • Ability to Pay: The paying spouse’s income and ability to provide support are also key factors. The court will evaluate their earnings and financial situation.
  • Other Factors: Courts also consider the age and health of both spouses, the earning potential of the spouse requesting support, and whether one spouse contributed to the other’s education or career.

In New Jersey, alimony is sometimes temporary (rehabilitative) or permanent, depending on the circumstances. Spousal support can also be modified if there’s a significant change in either spouse’s financial situation.

Understanding these factors can help you navigate the divorce process and ensure that fair and just decisions are made regarding support. An experienced attorney will guide you in making the right decisions for your future.

Qualified Monmouth County, NJ Family Law & Divorce Lawyer

Our team is ready to sit down with you, understand the details of your case, and guide you through the legal process ahead. We are ready to help you achieve the best possible in cases such as:

Don't wait to get the legal services you need in order to maximize your chances of a favorable outcome. We have helped numerous individuals and families secure a better future. We are ready to be of service to you.

Frequently Asked Questions (FAQ)

  • How long does the divorce process take in New Jersey? The length of a divorce in New Jersey depends on several factors, including whether it is contested or uncontested. An uncontested divorce, where both spouses agree on all terms, can take as little as 3-6 months. A contested divorce, where issues are disputed, can take much longer—sometimes up to a year or more, depending on the complexity of the case.
  • Can I modify child custody or child support after a divorce? Yes, both child custody and child support arrangements can be modified in New Jersey if there is a significant change in circumstances. This could include a change in income, a parent’s relocation, or changes in the child’s needs. It’s important to seek legal advice if you need to modify any existing agreements.
  • Do I have to go to court for my divorce in New Jersey? Not necessarily. Many divorces in New Jersey are resolved through mediation, where both parties work with a neutral third party to reach an agreement outside of court. However, if an agreement cannot be reached, the case will proceed to court, where a judge will make the final decisions on contested issues.
  • What factors do New Jersey courts consider when awarding alimony? New Jersey courts take several factors into account when determining alimony, including the length of the marriage, the financial needs and abilities of both spouses, the standard of living during the marriage, and each spouse's contribution to the marriage (including non-financial contributions such as homemaking or child-rearing).
  • What is the difference between temporary and permanent alimony?
    • Temporary alimony is meant to support a spouse during the divorce process and is typically awarded to maintain the standard of living while the divorce is ongoing.
    • Permanent alimony is awarded after the divorce is finalized and may last for a specific period or indefinitely, depending on the circumstances of the marriage and the needs of the spouse.
  • Can I get alimony if I was married for a short period of time? While alimony is more common in longer marriages, it is still possible to receive alimony after a short marriage in certain cases. If one spouse is significantly financially disadvantaged, the court may award temporary support or rehabilitative alimony to help them become self-sufficient.
  • What should I do if I believe my ex is not following the court’s custody or support orders? If your ex is not following custody or support orders, you can file a motion with the court to enforce the orders. The court has the authority to enforce its decisions and may impose penalties, including fines or contempt charges, if necessary.

Facing a tough family law issue? Contact us now at (732) 474-7531 to speak with a compassionate attorney who will fight for your rights and help you navigate the process.

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