Capizzi Law

201-266-8300 Office 201-266-8301 Fax

 

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Family Law Practice Areas + Services
in New Jersey and New York


A divorce is an emotion process which requires an attorney
capable of dealing with both the legal and personal issues.

We have the disposition to compositionality guide you through the process while vigorously advocating your position. Whether dealing with the division of assets, child custody or domestic violence,
we are ready to listen.

 

NJ/NY Divorce, Custody, Alimony

A divorce is an emotion process which requires an attorney capable of dealing with both the legal and personal issues.

We have the disposition to compositionality guide you through the process while vigorously advocating your position. Whether dealing with the division of assets, child custody or domestic violence, we are ready to listen.

Contested vs. Uncontested Divorce

contested divorce

A contested divorce is one in which the parties cannot agree on the terms of their divorce such as the division of assets, allocation of debt, alimony, child support, or the custody of children. 

uncontested divorce

In an uncontested divorce the spouses agree on everything and do not need the court to divide assets or make determinations about alimony, child support or custody. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.  We can assist you in drafting uncontested divorce Marital Settlement Agreements and will make sure that you have considered and addressed all possible issues.

New Jersey Child Custody Issues

Legal custody enables a parent to make decisions regarding the child's education, religion, health care and other central issues.

                    

Custody may be awarded to either parent, or jointly, based on the best interests of the child. In making an award of custody, the court considers but is not limited to the following factors:

• the parents' ability to agree, communicate and cooperate in matters relating to the child;
• the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
• the interaction and relationship of the child with its parents and siblings
• the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent
• the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision
• the needs of the child
• the stability of the home environment offered
• the quality and continuity of the child's education
• the fitness of the parents
• the geographical proximity of the parents' homes
• the extent and quality of the time spent with the child prior to or subsequent to the separation
• the parents' employment responsibilities
• the age and number of the children

We strive to resolve child custody issues without expensive and emotionally draining litigation and encourage clients to come to a child custody arrangement that is in the best interest of the child.  However, when a situation makes this approach impossible, we make sure the rights of our client are upheld and that the child is protected.

Alimony in New Jersey

The awarding of alimony payments pursuant to a New Jersey divorce action, and their amount and duration, are determined by reference to a number of statutory considerations.

N.J.S.A. 2A:34-23(b)

(1) The actual need and ability of the parties to pay;
(2) The duration of the marriage or civil union;
(3) The age, physical and emotional health of the parties;
(4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;
(5) The earning capacities, educational levels, vocational skills, and employability of the parties;
(6) The length of absence from the job market of the party seeking maintenance;
(7) The parental responsibilities for the children;
(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
(9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
(11 The income available to either party through investment of any assets held by that party;
(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
(13) Any other factors which the court may deem relevant.

four different types of alimony in New Jersey

There are also four different types of alimony in New Jersey. A family law judge may award reimbursement alimony, rehabilitative alimony, limited duration alimony, and permanent alimony.

Alimony awards are highly fact specific.  Whether you are concerned about paying alimony or are seeking alimony we will answer all of your questions and ensure that you receive a positive resolution while protecting your long-term best interests.

We can also assist you in:
• Parental Relocation
• Restraining Orders
• Modification of Child Support
• Modification of Alimony
• Modification of Parenting Plan
• Premarital and Postnuptial Agreements