New Jersey & New York Family Law Attorneys
Any legal situation involving a family crisis or dispute is bound to be both complex and emotionally charged. That is why you need experienced family law attorneys like those at Larkin Farrell, LLC. With offices in New York, NY and Red Bank, NJ, we will help guide you through your case, advocate aggressively for your interests and represent you in court if necessary. Whether you are looking for amicable negotiation or are facing a contested divorce, we can help you resolve your legal issues in a satisfactory manner.
Ending a marriage is never a simple or easy choice. The stress that comes with trying to reach an agreement on aspects such as dividing up property and finances or deciding who gets custody of the children can make the whole process of divorce more difficult. There are many ways to go about dissolving a marriage, and we can help you figure out which path is the right choice for your situation. These include:
- Contested Divorce
- Uncontested Divorce
- Divorce Mediation
- Legal Separation
- Alternative Dispute Resolution
Whether you expect a relatively quick and painless divorce reached through amicable mediation or are facing a highly contested case where agreement is difficult to reach, it is in your best interest to consult with a knowledgeable family law attorney to explain all the options available to you regarding the process of divorce.
Equitable Distribution of Assets
Over the course of any marriage, both you and your spouse will acquire various assets and debts. Both New Jersey and New York require that any property, financial assets and debts accrued over the duration of the marriage be subject to what is called equitable distribution. This means that the division is not equal but rather what the court considers “fair.” There are many factors that the court considers when deciding what is an equitable distribution of marital assets, including but not limited to:
- Duration of the marriage
- Present and future earning potential
- Overall income
Marital assets, with a few exceptions, include everything you or your spouse has acquired from the day you married until the day you filed for divorce. Whose name the asset is in does not matter; it will be subject to division if it was obtained during the marriage. This includes things such as:
- Equity in a home
- Retirement savings
- Savings accounts
- Investments in real estate
- Stock portfolios
With so much up for distribution, it is important that you protect your financial and legal interests. At Larkin Farrell, we can help you negotiate or fight for a division of assets that is fair to you.
Child Custody & Parenting Time
The most important decision that is made in a divorce is who gets custody of the children and how much parenting time is allotted to the other parent. There are two types of custody: legal custody and physical custody. Legal custody involves decision making about the medical care, religious upbringing, education, and general well-being of the child. Physical custody has to do with where the child is going to reside. Both types of custody can be solely held by one parent or jointly held by both. In cases of sole custody, the other parent can apply to have a schedule of parenting time. We work on all manner of child custody and visitation related cases in New Jersey and New York, including:
- Joint Legal Custody
- Sole Legal Custody
- Joint Physical Custody
- Sole Physical Custody
- Parenting Time
- Grandparent and Non-Biological Parent Custody and Visitation
- Parental Alienation
- Parental Relocation
At Larkin Farrell, we will work to obtain the best outcome for the children and a result that will work for all parties involved.
In New Jersey and New York, child support is a mandatory addition to any divorce settlement where children are involved. Child support is neither a punishment nor a reward for either parent. Its true purpose is to benefit the child in question. Child support is generally determined based on the income of each parent, though there are particulars in state laws that will affect the amount. We will work with you to help you figure out exactly what a fair amount of child support is in your situation.
Changing a child support agreement is something not easily done. A modification usually requires a material and unforeseen change in circumstances. Failure to pay child support can have serious consequences such as wage garnishment, loss of your driver’s license, negatively affecting your credit history and possibly even jail time. It is therefore important to have a child support lawyer represent your interests when it comes to a potential modification to child support payments.
Alimony, also called spousal support, is an amount of money one spouse pays to the other during an ongoing divorce (temporary alimony) or after the final decree in a divorce case has been issued by the court (final alimony). This is done to help maintain a standard of living for both spouses that is as similar as possible to their married standard of living and to balance out the economic fallout of the divorce so neither spouse is disproportionately burdened. Alimony is not necessarily a foregone conclusion in a divorce. Determining whether or not an alimony award will be part of the divorce is complex. If you want to know if an alimony award is likely in your divorce, contact Larkin Farrell. We have up-to-date knowledge of the statutes involved in determining alimony and can help you with your case.
Post Divorce Proceedings
While a divorce can be a long and complicated process, not all issues will necessarily be resolved when the divorce is finalized. Some provisions like alimony, child support, parenting time and others may need to be modified post judgment due to unforeseen changes in the circumstances of one or both parties involved. Some of the legitimate reasons for requesting a modification include job loss, permanent disability, changes in your child’s education, and changes in health insurance. Common post divorce proceedings are:
- Child Custody Modification
- Alimony Modification or Enforcement
- Child Support Modification or Enforcement
- Parental Relocation to Another State with a Child
- Changes in Parenting Time
- Issues with Health Insurance
- Allocating College Costs
At Larkin Farrell, we will work tirelessly on these post judgement issues just as we would during the divorce.
Prenuptial and Post Nuptial Agreements
A properly constructed prenuptial or post nuptial agreement can help serve and protect the interests of both parties. Establishing a prenuptial agreement can be a sensible measure to lay out responsibilities and obligations for both parties while protecting their families, financial interests and privacy in the event of a divorce. Similarly, postnuptial agreements can provide the same function, just after the marriage. If one spouse has a career change, inherits a substantial amount of money or has a career break to raise a child, a postnup can help protect your rights and interests.
Adoption is a wonderful event, both for the child and the parents. However, because the well-being of a child is involved, adoption can be legally complicated. Taking the big step of adoption can also leave you with many questions that need answering. We can assist you with all types of adoptions in New Jersey and New York, including:
- Open and Closed Adoptions
- Contested Adoptions
- International Adoptions
- Adopting a Grandchild
- Same Sex Adoptions
- Step Parent Adoptions
- Private Adoptions
- Foster Care Adoptions
Our family law attorneys help the prospective parents, grandparents and other family members give children loving homes by assisting them throughout the process of adoption.
Domestic Violence & Restraining Orders
In New Jersey and New York, domestic violence cases are taken very seriously. If the police arrive at the scene of a complaint of domestic violence and the accuser shows visible injuries or the police have reason to believe domestic abuse occurred, the suspect is getting arrested. A victim can then having a temporary restraining order (TRO) filed against the perpetrator. A domestic violence case is one where one person in an intimate relationship with the victim allegedly used physical violence, physical or emotional threats, or mental abuse. No one should have to suffer abuse at the hands of a family member. At Larkin Farrell, we understand how difficult such circumstances can be. We are prepared to help you through the process and pursue a final restraining order (FRO) against the perpetrator if need be.
Wills & Trusts
Deciding on what will happen to your money and property after you are gone is never easy. However, discussing wills and trusts with an experienced New Jersey or New York attorney can ensure that your wishes are respected, as well as removing a large burden from your family. Larkin Farrell can help you in all areas of estate planning including:
- Living wills (Advance directive for health care)
Need Help with a New York or New Jersey Family Law Matter?
At Larkin Farrell, we are ready to assist you with whatever matter of family law you require in New Jersey or New York. We know how to pursue these cases with care and understanding, as these are often emotional charged matters. An experienced family law attorney can ensure your rights and interests are protected. Contact us so we can start reviewing your case today.