Practiced Family Law Attorneys

Family law covers familial and domestic relationship matters like marriage, domestic partnerships, and child custody agreements. At Gruber, Schwartz & Posnock, LLP, our attorneys have earned a solid reputation for providing excellent and personalized services to our clients.

Our Specialties

Our family law attorneys in Newark, New Jersey, can assist you with any related matter. We have vast experience in the following family law matters:

• Civil Unions
• Prenuptial Agreements

• Paternity and Surrogacy
• Guardianships

• Adoptions
• Domestic Abuse

• Child Abduction
• Divorce and Property Division

Equitable Distribution Laws

For a divorce in an equitable distribution state, the court will divide the community or marital property between the spouses. This could be an even 50/50 distribution, but it does not have to be depending on what the court finds to be an equitable resolution.

Community Property State

On the other hand, during a divorce in a community property state, the court will evenly split the community property and award each spouse half. There may be additional complexities if the spouses have marital property in various states. The court must then determine if either equitable distribution laws or community property laws apply to dividing each piece of out-of-state property. Our lawyers can help you understand the local laws.

Understanding Child Custody and Visitation Laws

Courts typically favor granting both legal and physical custody of any child from a marriage to both parents. Legal custody gives a parent the right to make major life decisions for the child, such as those related to religious upbringing, education, and medical issues. Physical custody gives a parent the right to keep their child in their home. If a court awards sole physical custody to one of the parents, it may also award visitation rights to the parent who does not have custody, the non-custodial parent.

Child Support

To determine the amount due for child support payments, the court will evaluate the factors listed within New York or New Jersey laws. Additionally, the Full Faith and Credit Given to Child Custody Determinations Act (28 U.S.C. 1738A) makes sure that any child custody ruling from a court in one state is upheld by a court with jurisdiction in another state. These determining factors may include:

• Both Parents' Incomes and Standard of Living
• Any Educational, Health, or Medical Expenses

• Child Custody Arrangements
• Whether One of the Parents Is Receiving Alimony From the Other Parent