New Jersey Family Law Attorney
Dedicated and Compassionate Family Lawyer in Hamilton, NJ Helps Clients Address Family Law Matters Including Child Custody, Divorce, and Adoption in Mercer County, Middlesex County, Ocean County, and Throughout NJ
At Hartman Duff, LLC, we understand that you’re probably going through a difficult time right now. After all, that’s most likely why you’re here. But we also know that you want to get to a better place sooner rather than later and that you’ll need the services of a compassionate New Jersey Family Law Attorney to get there.
If you’re lucky enough to have a spouse or parent of your child whom you’re on good terms with, that’s great! But even then, family law matters can be quite complex. At Hartman Duff, LLC, we know how important it is to have a skilled family law practitioner on your side to help you. Because there isn’t a cookie-cutter approach that works in every family law situation, our lawyers use our skills, creativity, and experience to reach the best solution possible in your case.
To learn more about how we’ll work to help you accomplish your goals, contact our experienced New Jersey Family Law Attorney for a consultation today.
Get a Confidential Consultation With An Experienced Family Law Attorney. All You Have To Do Is Call 609-853-5579 or Fill Out Our Case Evaluation Form.
*$375.00 consultation fee applies for family law matters.
Legal Services Our Compassionate Hamilton Family Law Attorneys Provide
When it comes to family law, a lot of what we see revolves around separation and divorce. And in many cases, it isn’t the prettiest of affairs.
Other times, we’re talking about other very important and sensitive issues, including the right to be with your child or providing financial support for a child or ex-spouse.
Regardless of your family law problem or question, we are ready to help. Our dedicated New Jersey Family Law Attorney handle all types of family law cases in New Jersey including:
Divorce
There are two primary ways you can get a divorce in New Jersey:
First, there are no-fault grounds, where spouses don’t have to allege that the other spouse did something bad which led to the separation, which may help lessen the heavy burden. The two main no-fault grounds in New Jersey are irreconcilable differences and separation.
Second, there are fault grounds, which are based on one spouse’s “fault.” In other words, one spouse must show that the other spouse’s misconduct caused the separation. Common fault grounds in New Jersey include:
- Adultery
- Deviant sexual conduct
- Desertion
- Extreme cruelty
- Mental illness
Child Custody
In many separations, child custody will be the most vigorously contested issue. The most important thing to understand about child custody is that it’s all about the child. A court will make decisions concerning which parent gets custody based on what’s in the child’s best interest.
The parents’ wishes can be taken into consideration, especially when parents are able to negotiate a child custody agreement between themselves. But in the end, a judge will only grant what the parents want if it’s also best for the child.
Child Support
Child support concerns the money that one parent will send to another parent to assist in the raising of their child. This money is for the child’s basic living expenses and usually goes to the parent of primary residence.
One of the most common questions in regards to child support is how much a parent will need to pay (or can expect to receive). There are special formulas that a judge will use to calculate the precise amount. These formulas come from the New Jersey Child Support Guidelines.
As the name implies, these are just guidelines. This means judges have some flexibility to adjust the suggested child support amount given specific circumstances.
Alimony
After child custody and support issues, alimony is probably the next biggest concern for most people looking for a family law lawyer. And this is perfectly understandable, given what’s at stake. But what is alimony?
Alimony is a financial obligation that a financially dependent spouse will receive either during and/or following a separation. Sometimes referred to as “spousal support,” there are five types of alimony in New Jersey: open durational, limited duration, rehabilitative, reimbursement and alimony pendente lite.
Modifications and Terminations
After family law legal proceedings, things are all wrapped up, right?
Not so.
Circumstances change for both the parents and the children that sometimes require the need to make modifications and terminations to child support, alimony, or child custody agreements.
There are many reasons for needing to modify or terminate a settlement agreement and courts understand this. In fact, it’s expected that changes are needed later on in life. For instance, in regards to child support: the cost of raising a child will be different from a teenager than it was with a toddler.
Equitable Distribution
The property that a married couple obtains during the marriage will generally be classified as marital property and subject to equitable distribution. Equitable distribution is the process by which a court will separate the joint debts and assets of the couple.
In many cases, a prenuptial or postnuptial agreement can control how equitable distribution will take place during a separation. But in many cases, there are no such agreements to fall back on.
Therefore, courts will look at a variety of factors to decide how to most fairly divide the assets and debts among two divorcing spouses. These factors may include:
- How long the couple was married.
- The tax implications when dividing property.
- The financial situation of each spouse.
- The standard of living the couple enjoyed during the marriage.
- Any professional sacrifices a spouse may have made during the marriage.
- Any contributions of either spouse in increasing or decreasing the value of the marital property during the marriage.
There are many other factors a court will consider, so it’s best to speak with a New Jersey family law attorney to know what to expect during the equitable distribution process.
Other Family Legal Matters Our Qualified New Jersey Family Law Attorney Handles
At Hartman Duff, LLC, our dedicated New Jersey Family Law Attorney in Mercer County is here to make sure you understand your rights and obligations. Our mission is to develop innovative solutions so you have the comfort of knowing that your family is protected no matter the circumstances. Other important family law matters that we can effectively handle on your behalf include:
- Adoptions
- Domestic violence and restraining orders
- LGBTQ family law issues
- Mediation
- Military divorce, custody, and family law
- Paternity
- Prenups and other relationship agreements
Contact our Experienced New Jersey Family Law Attorney Today
This is undoubtedly a very confusing and difficult time, and you’re bound to have many questions and concerns. That’s why you should contact us as soon as you get the chance. During the initial consultation, we will learn about your situation and the specific circumstances surrounding your case. We will also figure out what your next legal move should be to get what’s fair for you and your family. Call today to request an appointment with a skilled member of the legal team at Hartman Duff, LLC.
Frequently Asked Questions About Family Law in New Jersey
Under New Jersey law, the issues we can resolve using a prenuptial agreement are relatively broad. Your prenup might cover:
— Each spouse’s rights and obligations with respect to specific pieces of property
— Each spouse’s right to sell, buy, lease, transfer, mortgage or otherwise encumber, or control and manage, property
— Division and distribution of property in the event of separation, death, or another event
— Spousal support, both with respect to amount and duration (and termination of support)
— Creating a trust or other instrument to implement the prenuptial agreement
— Life insurance
— Any other issue that isn’t deemed to be against public policy.
Importantly, a prenuptial agreement can’t be used to negatively impact a child’s right to child support from either parent. In general, the prenuptial agreement can be individually tailored to suit your needs. In some cases, your prenup might even contain a “sunset clause” that says it becomes ineffective after a certain amount of time has passed.
Our lawyers at Hartman Duff, LLC are here to work with you and your fiance to reach an agreement that both parties understand. Our priority is protecting your legal rights—and we know how important it is to understand what you’re getting into before you agree.
Postnuptial agreements can be similar to prenuptial agreements in terms of what’s included in them. However, the primary difference is that the married couple enters into a postnuptial agreement after getting married (hence the use of “post”). Contrast this with a prenuptial agreement that the couple enters into before getting married.
Why do couples enter into postnuptial agreements? Common motivations include not already having a prenuptial agreement or wanting to update a prenuptial agreement. The need to update can come up for any number of reasons, such as one of the spouses receiving a significant inheritance or one or both of the spouses incurring a large debt during the marriage.
One thing to keep in mind is that postnuptial agreements cannot include provisions concerning child custody.