Our Practice
Divorce and Family Law
Divorce
A divorce is started by filing a Complaint with the court. In the Complaint, the husband or wife states the reason(s) he or she is seeking the divorce. In addition, in the Complaint, the filing party can seek different kinds of relief such as child custody, parenting time, spousal support/alimony and/or distribution of property.
The Complaint is then served upon the spouse. The spouse must then file an Answer, Appearance or Counterclaim to the Complaint within 35 days, and may request the relief that he or she is seeking in the divorce.
If the spouse does not respond to the Complaint within the 35 day period, the person who filed the Complaint may seek a default judgment for the relief he or she is seeking. If the spouse does file an Answer to the Complaint, the case proceeds.
Approximately 99% of all divorce cases are settled by agreement between the parties: only 1% of all divorce cases proceed to trial. Settlement can be reached during the litigation process. This is often done during “four way conferences” where the attorneys for both sides and the parties themselves meet and negotiate. The court will schedule case management conferences, mandatory mediation sessions, as well as putting your case before a panel of divorce attorneys to help achieve settlement. If the issues cannot be resolved, then a trial will be held. Again, this is very rare.
Call us to speak to an experience divorce attorney or if you’d like to set up a complimentary initial consultation.
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Mediation
Mediation is a means of resolving differences with the help of a trained, impartial third party. The parties, with or without lawyers, are brought together by the mediator in a neutral setting. A mediator does not represent either side and does not offer legal advice. Parties are encouraged to retain an attorney and other experts if needed, to advise them of their rights during the mediation process. The mediator helps the parties identify the issues, gather the information they need to make informed decisions, and communicate so that they can find a solution agreeable to both. Mediation is designed to facilitate settlements in an informal, non-adversarial manner. Once an agreement is reached the parties must then file for an uncontested divorce. An uncontested divorce is usually a simple matter that is easily and quickly finalized.
The head of the Salvo Law Firm’s Divorce/Family Law practice, Karen Grayson-Rodgers, is a family law mediator, approved by the Superior Court of New Jersey.
Call us if you would like to speak to an experienced attorney about mediation or to set up a complimentary initial consultation.
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Alimony
In resolving a divorce, a court may award one party alimony which can be permanent or for a limited duration. Alimony is meant to maintain the lifestyle that a financially-dependent spouse enjoyed during the marriage. This determination takes many factors into account including the actual need of one party, the ability to pay of the other party, the age and health of the parties, the standard of living established in the marriage and the likelihood that each party can maintain a comparable standard of living, the parties’ childcare responsibilities, the equitable distribution of property, the financial or non-financial contributions to the marriage by each party, and many other factors.
Call us to speak to an experienced divorce attorney or to set up a complimentary initial consultation.
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Property Distribution
One of the greatest difficulties of divorce, second only to custody and support issues in connection with the children, is the division of property. If the parties cannot reach a decision on their own (or with a mediator or arbitrator) as to how assets and liabilities will be divided, the court will make that decision for the parties pursuant to “equitable distribution.” That means the distribution must be “fair,” although not always “equal.”
In deciding how property should be distributed, the court usually considers: the duration of the marriage, the property brought to the marriage by each party, the standard of living established during the marriage, the income and earning capacity of each party, the contribution of each party to the education or earning power of the other, the debts and liabilities of the parties, etc.
It is important to keep in mind that the date when a divorce is filed is the “cut off” date for equitable distribution. Any property obtained by either party after the cut off date is not subject to equitable distribution; that is, there is typically no need to divide that asset with the other spouse. Therefore, the timing of filing the divorce complaint can sometimes be an important strategic decision.
Call us to speak to an experienced divorce attorney or to set up a complimentary initial consultation.
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High Net Worth Property Distribution
When a divorcing couple have a great many assets, the divorce process is often more complex. It is thus important for a high net worth couple to hire divorce attorneys who are experienced in dealing with high net worth divorces.
Determinations must be made as to whether property is so-called “marital property” or individual property. Marital property is defined as property that was acquired or increased in value during the marriage. Marital property is subject to equitable distribution. Individual property of the parties is not divided upon divorce. Determining whether property is marital or individual property is sometimes a complex evaluation. The Salvo Law Firm regularly works with a team of forensic accounting specialists to help with these determinations.
If there is a family-owned business, a business valuation must be conducted to determine, among other things, whether the business is marital property subject to equitable distribution or individual property. Even if the business was started prior to the marriage, however, any increase in the value of the business during the marriage may be subject to equitable distribution.
In addition to dealing with the difficult task of deciding equitable distribution of property, it is important that complicated financial issues such as tax planning and retirement planning are also addressed.
Call us to speak to an experienced divorce attorney or to set up a complimentary initial consultation.
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Child Custody/Visitation
If you have children and are going through a divorce, retaining an experienced child custody attorney will help ensure that your children’s best interests are represented in the process.
Child custody is a sensitive issue and the best interests of the child are of paramount importance to the court, as they should be.
Differences Between Physical Custody and Legal Custody
Many people do not understand the distinction between legal custody and physical custody. Legal custody involves the rights of the parties to access information regarding the child and to participate in important decisions affecting the child’s health, welfare and education. Courts favor an award of joint legal custody unless there are strong factors weighing against it.
Physical custody deals with the issue of where the child will actually reside. Typically, there is a parent of primary residential custody and a parent of alternate residential custody. The party who does not reside with the child typically gets a schedule of parenting time which can be worked out between the parties, or by the court. Sometimes the parties share joint physical custody of the child, so the child lives part-time in two residences.
In approximately 90% of cases, parents can come to an agreement regarding custody and visitation. In approximately 10% of cases, the court makes the decision.
The court considers many factors in reaching a decision on child custody. These include, the relationship between the child and his/her parents and siblings, the needs of the child, the stability of the home environment, the fitness of the parents and, sometimes, the preference of the child.
Call usto speak with an experienced child custody attorney or to set up a complimentary initial consultation.
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Child Support – New Jersey
Child support in New Jersey is usually determined by applying set Child Support Guidelines which calculate the amount of support based on the parents’ combined income. A party can ask the court to deviate from the Child Support Guidelines if special circumstances apply. The Guidelines also take into account whether any alimony or spousal support is being paid or received by either party. This could reduce the amount of child support to be paid to the spouse who is receiving support/alimony.
If the parenting schedule of the parties provides that the parent without physical custody has more than 28 percent of the total overnights (approximately 2 or more overnights per week), the Shared Parenting Child Support Guidelines may apply. These Guidelines provide for a reduced amount of child support to the custodial parent since the non-custodial parent has greater expenses due to the extended amount of parenting time.
When the combined net income of the parties exceeds $229,840.00 per year, the Child Support Guidelines do not apply. Rather, they are supplemented by an additional award determined by the court.
Call us to speak with an experienced New Jersey child support attorney or to set up a complimentary initial consultation.
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Child Support – New York
Child support in New York is handled pursuant to the New York Child Support Standards Act. The "child support percentage" is fixed as follows:
- 17% of the combined parental income for one child;
- 25% of the combined parental income for two children;
- 29% of the combined parental income for three children;
- 31% of the combined parental income for four children; and
- No less than 35% of the combined parental income for five or more children.
In determining child support in New York, the only thing that matters is the income of the parent without custody of the children. You must pay the same amount in child support whether the custodial parent makes $1,000,000 a year or nothing at all.
Call us to speak to an experienced attorney or to set up a complimentary initial consultation.
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Post-Divorce Modification
Sometimes arrangements that were reasonable when a divorce was entered are no longer equitable due to changes in the lives of the parents and/or children. These changes can affect parenting time, child support and/or child custody.
If you feel that some of the terms of your divorce agreement are no longer fair and reasonable due to substantial changes in your or your ex-partner’s life, the Salvo Law Firm can help you bring these issues before the court.
Call us to speak to an experienced attorney or to set up a complimentary initial consultation.
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Post- Divorce Enforcement
If your ex-spouse was ordered to pay child support and/or alimony and is not doing so, or if he/she is violating any other terms of the Final Judgment of Divorce, you can bring an enforcement action against him/her. We will aggressively represent your rights before the court to achieve justice. As a result, the non-paying or non-compliant ex-spouse can be held in contempt by the court, and could be imprisoned if payment of child support or alimony were not made immediately, or if the terms of the Final Judgment of Divorce were not immediately complied with. In addition, the court may award you reimbursement of your attorneys’ fees.
Similarly, if you have been unfairly accused of not complying with your Final Judgment of Divorce, we can aggressively defend your rights before the court.
Call us to speak to an experienced attorney or to set up a complimentary initial consultation.
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Pre-Nuptial And Post-Nuptial Agreements
Pre-nuptial and post-nuptial agreements are not just for the rich and famous. They are important documents that can protect you and your assets should your marriage ever result in divorce. Our experienced contract attorneys are available to make you’re your future is protected.
Call us to speak to an experienced attorney or to set up a complimentary initial consultation.
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