Brielle Divorce and Family Law

Brielle is a New Jersey borough located in southern Monmouth County. As of 2010, there were 1,800 households in Brielle, and about one-third of them had children living there. The median household income between 2006 and 2010 was about $100,000. If you are considering a divorce, you may be concerned about how the court decides such family law matters as who gets the home, who gets the kids, how alimony is determined, and whether you will need to pay child support. At the Goldstein Law Group, our Brielle family law lawyers, with our office right here in Brielle on the corner of Route 35 and Old Bridge road, can provide knowledgeable legal advice and representation. Most family law matters involve at least some points of serious disagreement. It may be possible to negotiate a settlement agreement that resolves all of a couple's disagreements. However, we can also take any outstanding issues to trial as necessary.

In order to file for a divorce, either your spouse or you must have been a New Jersey resident for at least 12 months before filing. Whoever files must file in the county where the reason given for the divorce actually occurred, even if they have moved away from that county. For example, if you separated from your spouse for 18 months, and the basis of your divorce is separation, the county where you last lived during those 18 months is where you would file for divorce.

Spouses can obtain a no-fault or a fault-based divorce. No-fault divorces are those in which the couple agrees that neither spouse caused the dissolution of the marriage. These divorces can be based on an 18-month separation or irreconcilable differences. Fault divorces are those that attribute blame to one spouse. Fault grounds for divorce include extreme cruelty, desertion, and adultery.

Both parents have an obligation to financially support their children. Often, a parent who does not have residential custody feels that they are providing all of the child's resources, but it is important to realize that the court requires both parents to contribute according to their ability to contribute and the custodial arrangement. The New Jersey Child Support Guidelines will be applied to most cases, although a Brielle family law attorney can advise you if a deviation is likely. The Guidelines provide allocations based on expenses for shelter, food, clothes, health care, entertainment, and transportation.

These Guidelines apply to spouses whose combined net incomes are less than $3,600 per week or $187,200 per year. When the combined net income of the parents is greater than $3,600 per week, there is a minimum basic support award that would be based on that $3,600 per week, but the court will also add a discretionary amount of child support based on the factors defined under N.J.S.A. 2A:34-23.

These additional factors for parents who are wealthier include the child's needs, the parents' standard of living, the income and assets of each parent, each parent's earning ability, each parent's debts and liabilities, each parent's custodial responsibilities, the child's need for education (including college), the child's age and health, the income and earning ability of the child, any parental responsibility for the court-ordered support of others, and other relevant factors. Child support calculations may be adjusted based on the parenting time of the parent paying the support.

The Brielle Municipal Court is a limited jurisdiction court that hears traffic matters, city ordinance violations, and disorderly person's offenses. Disorderly person's offenses include such charges as harassment, simple assault, possession of less than 50 grams of marijuana, possession of drug paraphernalia, shoplifting, writing bad checks, resisting arrest, and disorderly conduct. While you may assume that these charges are minor and that you can handle them yourself, you should be aware that if you are convicted, it will show on a criminal background check. This can affect your ability to get a job, secure housing, or obtain a professional license. It is important to retain an attorney even for minor municipal court charges.

At the Goldstein Law Group, our divorce lawyers provide experienced legal advice and representation to clients regarding family law matters such as divorce, property distribution, child support, alimony, and child custody. You can contact us at 732-967-6777 or by completing our online form.