Ocean Gate Divorce Lawyer
The borough of Ocean Gate is located in central Ocean County, and is completely surrounded by Berkeley Township. It was originally part of Berkeley Township, but was incorporated as its own municipality in 1918. Ocean Gate has the distinction of being the smallest municipality in the county, with a land area of just 0.454 square miles. Although marriage licenses are obtained from the Ocean Gate Department of Health, applications for dissolution of marriage are filed at the county level. The Ocean Vicinage allows for no-fault or fault based divorces, and provides procedural information through the court’s website. However, the court recommends that each spouse retain legal representation from a divorce attorney. Even if you are seeking litigation alternatives, such as mediation or collaborative divorce, you will still need an attorney to review any proposed divorce agreements to ensure that your interests are protected.
Child Custody in Ocean Gate
One of the most difficult issues in a divorce case surrounds the custody of the children. In New Jersey, the courts generally honor voluntary custody arrangements unless they are contrary to the “best interests of the child” standard. Under this standard, the court will consider the safety, happiness, physical, mental and emotional welfare of the child in determining which parent is most suitable as the primary caretaker of the child.
There are several types of custody arrangements available in New Jersey. Under joint legal custody, both parents have the authority and responsibility of making major life decisions regarding their child. In contrast, joint physical custody is the determination of where the child will actually reside following the divorce. Under this arrangement, the child may spend three days with one parent and four days with the other, or the parents may alternate weeks spent with the child.
The most common arrangement is joint legal custody with physical custody given primarily to one parent. The parent with whom the child spends most of his or her time is considered the “primary caretaker” while the parent with whom the child is spending less time is considered the “secondary caretaker.” At Villani & DeLuca, our attorneys can help you determine the custody arrangement you should seek based upon your current circumstances.
Getting Child Support in Ocean Gate, NJ
Once the court determines custody, you may be concerned as to how you will continue to support yourself and your child during this time of upheaval. In most cases, the parent enjoying physical custody of the child or children will receive child support.
In New Jersey, child support is calculated based on a formula that takes into consideration the particular circumstances of your life. Who pays the support, and how much support is paid, depends on a variety of factors, including but not limited to:
- Whether the person seeking support is the sole parent, or whether parenting is shared;
- Whether the person seeking support is currently working, receiving alimony payments, or is on disability;
- Whether either parent has other legal dependents born before or after the child or children for whom support is being determined; and
- Whether the parent seeking support is paying for childcare and health care expenses.
At Villani & DeLuca, our attorneys will navigate the complex maze of the New Jersey Child Support Guidelines, helping you to find those rules that are applicable to your particular situation. Your custody arrangement will be an important factor in determining how much support you should receive.
Alimony in Ocean Gate
Child support is intended to benefit the child following the dissolution of a marriage, whereas alimony is intended to assist the supported spouse to achieve the lifestyle enjoyed during the marriage, or financial independence. There are several types of alimony available following divorce. Your Villani & DeLuca attorney will help you to understand what type of alimony you may be entitled to receive.
Rehabilitative alimony is alimony intended to help you achieve economic self-sufficiency. If you spent most of the marriage primarily engaged in caring for the children and household, this type of alimony will help in your support as you prepare for entrance into the work force, or while you pursue your degree.
If you sacrificed educational or career opportunities to enable your partner to reach his or her own educational or financial goals, you may be entitled to rehabilitative alimony to compensate for such sacrifices.
Other types of alimony, such as limited duration alimony or permanent alimony, are based upon the length of your marriage. A Villani & DeLuca attorney can help you determine whether these types of alimony are applicable to your situation.
Contacting an Ocean Gate Divorce Attorney
If you are concerned that your marriage may be coming to an end, it is important to contact an attorney who can give you the tools you need to help you in rebuilding your new beginning. At Villani & DeLuca, our certified Matrimonial Law attorney or court-approved Family Law Mediator can provide a free consultation, taking you one step closer to finding the answers to some of the difficult issues addressed above. Contact us today at (732) 965 -3350.