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Family Law

The divorce process legally separates and divides marital assets and debts. Divorce courts determine the care and custody of a divorced couple's children. And a Passaic County divorce frees both halves of a couple to re-marry.

No-fault grounds for divorce:

Irreconcilable differences of the marriage
Living separate and apart without cohabitation for three years under a judicial decree of separation
Impotence
Adultery
Conviction of a felony
Willful desertion for one year

Willful neglect by not providing for common necessaries of life
Habitual drunkenness
Conviction of a felony
Cruel and inhuman treatment
Incurable insanity

Custody and child support

Custody

Minor children of divorcing couples face custody determinations made by the court. It is about physical custody and legal custody. Physical custody concerns itself with day-to-day care and activities. Legal custody concerns itself with rights and responsibilities associated with a child’s upbringing. Courts usually award physical custody to mothers with visitation rights for fathers. But more and more, courts have begun to reverse the roles, giving physical custody to fathers and legal custody to mothers. Courts work hard to make arrangements under which a child of divorce parents can live in the best practical place where the child can flourish under the circumstances. Sometimes they arrive at this through joint custody.

Child support

Obligations to support a minor child last until he or she reaches the age of majority, 18 to 25 years. Courts can order either parent to pay child support during or after a divorce.
Unmarried mothers may also petition for child support. This kind of order becomes active and enforceable after testing for paternity.
Courts enforce significant penalties against parents who fail to meet their child support obligations:

Business license suspension
Professional license suspension
Revocation of driving privileges • Revocation of recreational licenses

Requiring future payments in advance
Jail time

Restraining orders

Courts direct people to abide by certain conditions in a relationship or to cease doing certain things with a restraining order. A judge signs this piece of paper that orders someone to behave in a certain way or face legal consequences. Most restraining orders protect abuse victims from harassment, stalking, neighborhood disputes, etc. Parents and guardians apply to courts for restraining orders to protect children.

After the restraining order is granted

Once granted, victims are wise to make many copies of the order and to keep a copy with them always. Victims are also wise to file a copy with their places of employment, children's schools, etc.

Division of Youth and Family Services

The Division of Youth and Family Services (DYFS) is New Jersey's child protection and child welfare agency within the Department of Children and Families. Its mission is to ensure the safety, permanency and well-being of children and to support families. Click here for more information about DYFS.

Call us to act on your behalf

Tough, smart, energetic lawyers—that is what our Passaic County divorce lawyers offer to you. Visit our Woodland Park (formerly West Paterson) office and retain our experience to protect your rights and secure justice. Call our office, today. 973-785-8181. Damico, Del Sardo & Montanari allows the laws to make sense for you. If you prefer, you may use our contact page to speak to an attorney.

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