Interlaken Divorce Lawyer

Interlaken Divorce Lawyers

Interlaken Divorce Lawyer

The borough of Interlaken spans an area of only 0.383 square miles, making it one of the smallest municipalities in New Jersey.  It was named after the Interlaken peninsula in Switzerland, and was originally a farm owned and operated by Dr. Francis Weld.  As intended by the original developers, Interlaken has remained an entirely residential community— a rarity in Monmouth County.  Interlaken residents seeking information on divorce procedures can attend one of the scheduled seminars presented at the Monmouth Vicinage.  These seminars provide valuable information on how to file for divorce, the documentation needed for a divorce complaint, and what to expect at a court hearing.  However, participants must speak to a divorce attorney in order to obtain legal advice for their specific situation.  An attorney can also help you decide whether you should proceed to trial, or attempt litigation alternatives such as mediation and collaborative divorce.

Interlaken Child Custody Attorney

Following a divorce, a court must decide which parent shall receive custody of any marital children. Courts typically opt for a joint custody arrangement, whereby both parents alternate caring for the children. In rarer circumstances, a court may order sole custody. In a sole custody arrangement, one parent retains custody over any children. The non-custodial parent is still permitted visitation rights in most circumstances. The attorneys at Villani and DeLuca are experienced in custody disputes, and can fight to make sure you have the fairest custody arrangement.

When deciding a custody dispute, courts in New Jersey will always look to the best interest of the child as a guiding factor. Where a child’s best interests may lie varies from case to case. Still, there are several factors courts will consistently take to account. These include:

  1. each parent’s ability to cooperate with matters concerning the child
  2. the child’s relationship with each parent
  3. each parent’s suitability as a guardian.
  4. each parent’s geographic location.

An experienced Villani and DeLuca child custody attorney can help sort through the complexities of the child custody process.

Filing a Restraining Order in Interlaken

To file a restraining order in Interlaken, a spouse must appear before a judge, and provide a reason why she feels the order is needed. Commonly, restraining orders are granted in situations where a spouse may be in danger of domestic abuse at the hands of the other spouse. If the judge feels there is sufficient evidence, a temporary restraining order will be granted, effectively ordering the defendant spouse to maintain a certain distance at all times.  A Villani and DeLuca Interlaken attorney can assist in the process of filing a restraining order to ensure you are kept safe.

Usually, restraining orders are temporary. However, if a judge finds specific evidence that domestic abuse has taken place, or if a spouse admits to having committed domestic abuse, a permanent restraining order may be issued.

Where Do I File for Divorce in Interlaken?

In New Jersey, spouses file for divorce in the family divisions of county courts. In Interlaken, this is the family division of the Monmouth County Courthouse. However, if the grounds for divorce took place in another New Jersey county, the divorce must be filed in the family division of that county’s courthouse. There are some general exceptions to this rule. First, if the plaintiff spouse was not a New Jersey resident at the time the marriage began to dissolve, then she may file for divorce in the New Jersey county where she is currently a resident (Monmouth County Courthouse for Interlaken residents). Second, if a plaintiff was abandoned for over one year leading up to the divorce, she may also file in the county of her current residence. The attorneys at Villani and DeLuca have extensive experience in divorce proceedings, and can provide an initial consultation to help determine where Interlaken residents may properly file for divorce.

The Monmouth County Courthouse is located at 71 Monument Park in Freehold. The family division located in the south wing of the courthouse.

Call the Interlaken Divorce Lawyers of Villani & DeLuca

The law firm of Villani & DeLuca, P.C. has a significant amount of experience assisting clients with family issues in Interlaken, NJ. Call 732-965-3350 today for a free initial consultation to discuss your issue with a Villani & DeLuca divorce lawyer.