Conflict is inevitable, but combat is optional.
Photo of Professionals at Laemers, Murphy & Neggia, LLC
Conflict is inevitable, but combat is optional.

A Compassionate And Careful Approach To New Jersey Family Law Challenges

Any legal challenge that involves your family, like a divorce or the end of a nonmarital relationship is stressful. This is especially true when there are children involved. It requires that you make a number of important decisions at a time when you may be hurting emotionally, uncertain about your financial future and concerned about the impact everything will have on your children.

At Laemers, Murphy & Neggia, LLC, we understand the turmoil that is created by family law challenges and divorce. We have assisted individuals in Newton, Sussex County and neighboring counties in the full spectrum of family law concerns since 2011.

Comprehensive Legal Guidance Through Family Law Conflicts

Our family law attorneys have a comprehensive knowledge of New Jersey family law statutes. Whether you are in the early stages of a divorce, or you need to modify existing orders, we can assist you. We help our clients protect their rights and work to reach their goals in a wide range of family law conflicts, including:

  • Divorce: Our experienced divorce lawyers help clients identify separate property and divide marital property. This includes valuating a family business, a professional partnership and complex assets like investment real estate, pensions and retirement accounts. We also help divorcing couples establish spousal maintenance and support.
  • Child custody: Whether you are getting divorced or were never married but are separating from your child’s biological parent, we can help you resolve conflicts relating to your children. This includes negotiating resolutions to custody disputes and establishing a parenting plan and child support.
  • Modify existing court orders: When circumstances change, our family lawyers can help you seek a modification of your decree, child support or custody order.
  • Child protection: Our family lawyers have experience working with New Jersey’s Division of Child Protection & Permanency (DCP&P). If you need help navigating a legal challenge that involves child protection services, we can help.
  • Domestic violence issues: Our family law attorneys have extensive experience with domestic violence issues. Whether you need to file for a protective restraining order or have been wrongly accused of domestic violence, our lawyers can provide legal guidance.

Our attorneys provide personalized attention. Our client-friendly approach features a commitment to making sure you understand the legal proceedings and gain clarity on what can be accomplished. We will help you identify your priorities so we can work together to develop a legal strategy that accomplishes your unique goals.

Using Mediation To Help Resolve Family Law Conflicts

In most family law cases, anytime you can work together to resolve your legal conflicts, the more likely you are to reach a resolution that will work for your family and be in the best interests of your child. Mediation offers a collaborative way to resolve family law issues outside of court. In mediation, a neutral third party, called a mediator, will facilitate negotiations and help you reach agreements on issues such as property division, child custody and support.

Mediation is often less stressful and more cost-effective than going to trial. It also allows the parties to maintain control over the outcome, rather than having a judge make decisions for you. As your family law attorneys, we can represent you during mediation to protect your interests and make sure that any agreements reached are fair.

In some situations, an agreement outside of court is not possible. Our family law attorneys are trial-tested and always ready to advocate on your behalf in court if necessary. Our familiarity with New Jersey courts and the judges provides us additional insight into how your case may be resolved if it comes down to a court ruling.

Answering Your Frequently Asked Questions About Family Law And Divorce

At Laemers, Murphy & Neggia, LLC, we know that if you have a legal conflict that involves your family or child, you probably have a lot of questions. Our family lawyers have gathered answers to questions they are commonly asked. If you have questions about your specific case, we offer a free 30-minute consultation, and we can answer your questions during that appointment.

What are the grounds for divorce in New Jersey?

There are different grounds for divorce in New Jersey. Fault-based grounds for a divorce can include:

  • Adultery
  • Desertion (abandonment for at least one year)
  • Extreme cruelty
  • Substance abuse

However, New Jersey also recognizes no-fault divorces. Therefore, the most common grounds for divorce are irreconcilable differences, which means that you and your spouse have disagreements that cannot be resolved, leading to the breakdown of the marriage. To file for divorce on these grounds, you must demonstrate that the problems have existed for at least six months and there is no reasonable prospect of reconciliation.

Can I still get a divorce, even if my spouse does not want one?

Yes, you can still get a divorce even if your spouse does not want one. You only need to demonstrate to the court that the legal requirements for divorce have been met. For instance, if you are filing for divorce based on irreconcilable differences, you need to show that you and your spouse have experienced these differences for at least six months.

If your spouse refuses to participate in the divorce proceedings, we can still move forward. As your lawyers, we will make sure that your spouse receives proper notice of the lawsuit. The court can then enter a divorce decree, even if your spouse does not agree or participate.

How is property divided?

In New Jersey, marital property is divided equitably, which does not always mean a 50/50 split. Instead, the court divides property fairly, considering various factors. Some of these factors include:

  • The length of your marriage
  • Each spouse’s financial and nonfinancial contributions to the marriage
  • Your economic circumstances at the time of your divorce
  • Each spouse’s income
  • The earning potential of each spouse

An experienced divorce lawyer can help you assess your situation and give you a better idea of how property will be divided in your divorce.

What is marital property?

Marital property is generally defined as assets acquired during the marriage. On the other hand, separate property includes inheritances or gifts received by one spouse. Marital property is divided equitably between the spouses, while separate property, may not be subject to division. Our lawyers can help you identify and value all assets to ensure a fair division of property.

Consult An Experienced Newton Family Lawyer For Free

We welcome the opportunity to review your case and recommend an effective course of action. At Laemers, Murphy & Neggia, LLC, we offer a free 30-minute consultation. This is a great opportunity to get your questions answered. To schedule your free appointment, call us at 973-869-5658 or send us a message using our online contact form. We look forward to answering your questions and telling you more about how we can help you with your case.