This family law FAQ has been established to answer some of your basic questions regarding divorce and related issues. Attorney Christopher R. Musulin of Musulin Law Firm, LLC, has more than 27 years of legal experience. The firm represents clients in Burlington County, New Jersey, and throughout the nation. While this FAQ is meant to be a helpful introduction to some of the basics of family and matrimonial law, it is essential to speak with an experienced lawyer before proceeding.
Divorce, Separation and Separation of Assets Questions
- What is the legal divorce process like?
Each divorce is unique unto itself, and no two divorces are exactly the same. Generally, one party will file a petition in the court for a divorce, which kicks off the process. There is a series of meetings and mediations to resolve all of the related divorce issues, following litigation regarding the issues that could not be resolved. Click here for more information.
- Why kinds of assets are divided in a divorce?
There are two types of property in divorce: marital property and individual property. Only marital property is divided in a divorce. Marital and individual property can include real property, personal property, cash, savings and various forms of intangible property. The attorney's job is to help determine which types of assets are individual and which are marital, and then to evaluate and protect the client's interests throughout the negotiation and litigation of asset division. Click here for more information.
Child Custody, Child Support and Spousal Support Questions
- Under what circumstances will the court award alimony or spousal support?
There are many factors involved in spousal support agreements or orders, but generally, some level of spousal support is appropriate when one of the spouses makes significantly more than the other and has greater potential (due to education, experience, etc.) to obtain a reasonable income. Click here for more information.
- How is the amount of child support calculated?
Child support payments are based on guidelines of the State of New Jersey. Click here for more information.
- How does a court decide which parent will get custody of a child?
Courts use a number of factors to determine custody, with the sole objective of creating a parenting plan that will be in the best interests of the child or children involved. Click here for more information.
Modification and Enforcement Questions
- Once a court issues a child support order, can the amount of support that is paid be changed?
Yes. When there is a substantial change in circumstances that could justify a modification in child support payment requirements, either parent can petition the court for a modification. Click here for more information.
- How is child support collected if the person responsible for paying moves to another state?
Generally, each state will honor and enforce a child support order from a court in any other state. To collect support from a parent who has relocated, a custodial parent can register the court order in the state where the other parent lives or commence an action to enforce the order within the court that issued the initial support order. Click here for more information.
- How can I locate a child available for adoption?
Parents seeking to adopt a child can use networking, adoption agencies and organizations, referrals or a surrogacy/foster parenting approach for finding a child for adoption. Click here for more information.
- What is the difference between an agency adoption and an independent adoption?
An agency adoption uses an agency as an intermediary between prospective adoptive children and parents. An independent adoption involves prospective parents and biological parents working on their own to determine the terms of the adoption. Both require court approval before an adoption will be legally recognized. Click here for more information.
Contact Musulin Law Firm, LLC
To schedule a consultation with an experienced attorney from Musulin Law Firm, LLC, call 609-267-0070 or contact the firm online.