Lavallette Divorce Lawyer

Lavallette Child Custody Attorney

How Do Courts Determine Which Parent Receives Custody of the Child?

Divorce agreementIn New Jersey, courts may award either parent joint or sole custody of the child by determining where the child’s best interests lie. The factors the court considers are exhaustive, including a parent’s ability to cooperate in matters concerning the child, each parent’s relationship with the child, and each parent’s suitability as a guardian. Employment and geographic locations of the parents may also be taken into consideration.

What Type of Custody Arrangements Do Courts Usually Enforce?

While custody arrangements depend on the best interests of the child, courts typically prefer joint custody arrangements. Joint custody allows for the non-custodial parent to play an active role in the child’s upbringing. However, a court may decline to offer joint custody arrangements if either parent poses a risk to the child’s safety.

What Services Do Villani & DeLuca Offer?

Villani & DeLuca represents mothers, fathers, grandparents, and other interested parties in child custody disputes.

Filing for Divorce in Lavallette, NJ

How Do I File For Divorce in Lavallette?

To file for divorce in New Jersey, the filing spouse (or “plaintiff”) must first file a complaint in the county court where the reason for divorce took place. The filing spouse must include several other documents with the complaint. Once the complaint is properly filed, the non-filing spouse (or “defendant”) must be given a copy of the complaint and notice to appear in court. This is done by “serving process” on the defendant.

What are the Requirements to Obtain a Divorce in New Jersey?

In order to obtain a divorce in New Jersey, the plaintiff must be a New Jersey resident for a full year prior to filing for divorce. Grounds for the divorce must be provided. Grounds may exist simply if the parties have suffered irreconcilable differences for the past 6 months. If no relief exists on the grounds of irreconcilable differences, several alternative grounds may be available. These include adultery, desertion, cruelty, habitual substance abuse, imprisonment for 18 months, deviant sexual behavior, or 18 consecutive months of separation.

Getting Child Support in Lavallette

My Spouse and I Have Recently Separated. How Do I Get Child Support?

In New Jersey, a parent can seek child support by filing an application, obtained from the Ocean County Superior Court.

My Spouse Is Not Keeping Up With His Child Support Obligation. How Can the Courts Help?

There are several steps that courts may take. The court may require that the non-custodial parent’s employer make deductions from his paycheck. The due amount may also be subtracted from the non-custodial parent’s tax return, or lottery winnings. Finally, the court may execute on the non-custodial parent’s property, including his house, car, or bank account.

How Long Does It Take to Receive Child Support Payments?

This depends on the circumstances of the child support order, and the relief that the non-custodial parent is seeking. However, it usually takes 90 days or less to establish a support order. Payments will usually begin approximately two weeks after the support order is entered.

Call the Experienced Family Lawyers of Villani & DeLuca

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

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