Equitable Distribution and Division of Assets
Equitable distribution is a concept where the court treats the marriage as not only a social partnership, but mainly as an economic partnership. Therefore, the court must make a determination as to how property should be divided between divorced spouses.
There is a statutory formula for calculating spousal support during the pendency of a divorce action (“Pendente Lite”). In contested matrimonial matters (cases where the parties cannot agree and must seek the assistance of the court in resolving the issues relevant to their divorce) often a “Pendente Lite Order” is issued.
Custody and visitation of children is often an issue that is hotly contested. There are many factors that will affect a custody and visitation determination. A thorough exploration of the relevant facts is necessary in order to create a proper legal strategy.
Child support is calculated using a statutory formula that is based upon the number of children you have. The non-custodial parent is required to pay a percentage of his or her adjusted gross income. The percentage for one child is 17%; for two children it is 25%; for three children it is 29% percent, and so on (hereinafter referred to as the statutory percentage).
Parental alienation or interference with a parent-child relationship can have a very serious and very negative impact on a child. The interference can be blatant and aggressive, but often times it is subtle and surreptitiously executed by the other parent.
Father’s and Mother’s Rights
The law is written in such a way that a mother and a father start with an equal right to parent their children and be the custodial parent regardless of their gender. Each family, parent, and child is different, and therefore, each case must be assessed individually by a judge in order to determine who will be the most appropriate custodial parent.
Relocation of Children
A person looking to relocate with children to another county, state, country or region will need to obtain the consent of the other parent or a court order permitting them to move. The courts generally do not permit children to be relocated without good cause because relocation often interferes with the other parent’s right to enjoy a meaningful relationship with the child(ren).
Adopting a child is a wonderful and emotional experience for the adopting parent and child. Adoption is a very complex legal process which includes filing a petition and documents with the court, completing various documents to submit to the adoption agency and, many times, appearing before a Court.
Child Protective Proceedings (Abuse and Neglect)
If you have been accused of abuse or neglect of a child, you must find an attorney that is experienced in this very specialized area of law. Beware that there are not many attorneys that handle a high volume of these cases and gain the experience needed to properly defend you.
Orders of Protection (Family Offense Proceedings)
Domestic violence is a very serious and dangerous offense that can have major effects on you and your family. However, a false allegation of domestic violence can be just as devastating to family relationships as well as finances.
Prenuptial and Postnuptial Agreements
We can assist you in identifying issues that need to be addressed and create an agreement so that you can be sure your rights are protected once you become married. We can also help you avoid future litigation and friction even after you are married.
Any retirement benefits that have built up during the marriage will generally be considered marital property and may be subject to distribution between the parties. Generally, each party is entitled to half of the benefits that accrued during the marriage.