Family law is referred to in some states as domestic law because it deals with domestic matters and family relationships. In New Jersey, family law covers a wide range of family matters and personal relationships between individuals. These matters are handled by the Family Division of the Superior Court.
Examples of matters the family court handles include, but are not limited to:
- Divorces (dissolution of marriage), including gray, military, LGBTQA+, and high-asset divorce cases
- Civil unions
- Domestic partnerships
- Post-divorce issues
- Spousal support and alimony
- Restraining orders
- Domestic violence
- Child support
- Annulment
- Pet custody
- Child custody and visitation
- Prenuptial and postnuptial agreements
- Child relocation petitions
- Legal guardianships
- Grandparent rights, including visitation and custody petitions
- Adoptions
- Paternity cases
- Property settlement related to dissolution or divorce
- Division of Youth & Family Services (DYFS)
Family court judges hear cases handled through the family division. Most counties have a Family Division court, although a few counties, including Sussex and Morris counties, share family courts.
Understanding how family works can help you be better prepared to navigate your own case with the help of an experienced family law attorney.
Differences in Family Law for Divorces in New Jersey Versus Other States
States set domestic laws that govern cases brought before state family courts. Therefore, family law may vary from state to state. Laws governing divorces and dissolution of marriage can vary greatly.
For example, some states strictly follow no-fault divorce laws. Couples may obtain a divorce without alleging any fault for the breakup of the marriage. The only requirement is that one spouse claims irreconcilable differences have led to the irretrievable breakdown of the marriage.
New Jersey law permits both no-fault and fault divorces.
Examples of fault divorce grounds in New Jersey include:
- Adultery
- Extreme cruelty
- Living separately and apart for 18 or more consecutive months
- Habitual drunkenness
- Continued and willful desertion for a year or longer
- Imprisonment for 18 or more consecutive months
- Deviant sexual behavior
- Voluntary addiction to a narcotic drug
- Being institutionalized for a mental illness for two or more years
If you choose fault grounds for a divorce, you must prove that your spouse is guilty of the conduct you allege in the divorce papers. A no-fault divorce is usually the simplest and quickest way to get divorced in New Jersey.
Property division laws may vary from state to state. Some states view marital assets as community property that should be divided equally during a divorce. Marital assets are any property or income the spouses receive during the marriage.
However, New Jersey uses equitable distribution for property division. The marital assets are divided based on what is fair. A couple can negotiate a property division settlement, or they may have decided the issues in a prenuptial or postnuptial agreement. If the spouses cannot agree to the terms of the divorce, a judge decides what is fair for property division.
Child custody is decided based on the best interests of the child. This standard is used in all states. However, states may dictate specific factors that judges must consider when determining a child’s best interest in custody matters. Generally, judges can consider any factor they deem relevant to determining what is best for the child.
How a Monmouth County Family Law Attorney Can Help With Your Case
A family law attorney represents individuals in family court. They handle a variety of issues before the family division. Only attorneys admitted to practice by the New Jersey Bar can represent clients in family court.
An attorney must meet specific requirements to be admitted to the New Jersey Bar.
Those requirements include:
- Earn a Juris Doctor from an accredited law school
- Qualify and pass the New Jersey Bar examination
- Pass the Multistate Professional Responsibility Examination (MPRE)
- Receive a Certification of Character
- Take an Oath of Admission
The attorney must be in good standing with the Bar to appear in family court on behalf of clients.
Choosing the best Monmouth family law attorney is important. You want someone with substantial experience handling cases like yours. You also want someone skilled in divorce mediation as well as being a fierce trial lawyer.
If you are considering a divorce or have another family law matter to discuss, call our office for a free, confidential consultation with a New Jersey family law attorney. We have over two decades of experience and have helped thousands of people.
