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Monmouth County Family Law Attorney

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Family legal matters are rarely just about the law—they’re about your children, your financial security, and your future. Whether you’re going through a divorce, fighting for custody, or dealing with support issues, these cases involve the most important relationships and assets in your life.

New Jersey family courts see hundreds of cases every month, but yours isn’t just another file number. The decisions made in your case will affect you and your family for years to come, which is why having an attorney who understands both the legal complexities and the personal stakes is essential.

Attorney Kristen Epifania approaches family law cases with the understanding that every family’s situation is different. What works for one client may not be the right solution for another, and cookie-cutter approaches rarely address the real concerns families face during these difficult transitions.

From negotiating fair settlements to protecting parental rights in court, Kristen focuses on achieving outcomes that serve her clients’ long-term interests and, when children are involved, their best interests as well. Contact us today to schedule a free consultation.

Division of Property

Dividing property during a divorce in New Jersey is not always a 50/50 split. The state follows an equitable distribution model, so marital assets and any other debts are divided fairly, but not necessarily equally. Several factors are considered, including the duration of the marriage, each spouse’s finances, and each party’s contribution to the marital property.

The process begins with identifying what is marital property and what is separate property. In general, assets and debts incurred during the marriage are regarded as marital property, while anything owned or owed by either spouse before the marriage is considered separate property. However, there are exceptions to these rules and nuances that can complicate matters. For instance, anything inherited by one spouse after marriage may be determined as separate property, unless it was commingled with marital assets. Property acquired prior to the marriage may also be considered marital property if it was purchased in contemplation of the marriage, such as a home that was purchased just months before the wedding date to be utilized as the marital home.

Child Custody & Parenting Time

Child custody disputes can be some of the most emotionally charged issues in family law. The thought of not being able to see your child every day can be heart-wrenching. In New Jersey, custody includes legal custody (decision-making) and physical custody (residential). Courts often favor joint legal custody, though physical custody may be shared or primarily with one parent. The parent with less residential time usually receives a structured parenting-time schedule.

In New Jersey, courts prioritize the best interests of the child and will consider a variety of factors to determine what that may be. This includes, though is not limited to, considering each parent’s ability to communicate and cooperate regarding matters relating to the child, the stability of each parent’s home environment, and the child’s needs.

Child Support & Alimony

Child support and alimony are often contentious issues in a divorce. Child support makes sure that both parents contribute to the needs of their children. In New Jersey, child support amounts are generally determined by the New Jersey Child Support Guidelines. Factors such as each parent’s wages, the number of children, and the custody arrangement are all taken into account.

Alimony helps a lower-earning spouse transition after divorce and is essential to ensure that each spouse has the ability to maintain the marital lifestyle post divorce. However, the parties must remember that the ultimate goal is fairness, not necessarily an identical lifestyle. Factors considered in determining alimony include the duration of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage. Though there is no exact formula, an alimony determination is often reached by calculating the difference between the annual income of each spouse, and then calculating a payment ranging between 20% and 25% of that income difference. Every alimony determination will be case specific.

Domestic Violence and Restraining Orders

When dealing with domestic violence matters, New Jersey courts take swift and immediate action. New Jersey law provides certain protections for victims of domestic violence and provides a path to obtain a restraining order against an abusive partner or family member.

A restraining order will prevent the named defendant from contacting you, coming near you or your home/workplace, or harassing you in any way. It can also grant temporary custody of children and provide for temporary child support. Alternatively, if you are a named defendant and a restraining order is issued against you, you can lose access to your home, your children, and can face serious consequences if there is an alleged violation, including jail time.

In New Jersey, once a Final Restraining Order is issued, it is permanent absent certain circumstances. The Law Office of Kristen Epifania knows how urgent these situations can be. We’re committed to providing prompt assistance to all matters of domestic violence.

Contact Us for a Free Consultation

Dealing with family law issues can keep you awake at night. But you don’t have to face these challenges alone. New Jersey family law attorney Kristen Epifania is here to provide the legal support and guidance you need during this difficult time.

Whether you’re dealing with divorce, child custody disputes, child support, alimony issues, or domestic violence, we can help. Let’s discuss how we can achieve the best possible outcome for your case. Contact us today for a free consultation.

Frequently Asked Questions

What are the legal grounds for divorce in New Jersey?

Under New Jersey family law, divorce may be based on both fault and no-fault grounds, however parties most often resolve their matter on the no-fault ground of irreconcilable differences. Fault-based grounds, which can be difficult to prove and emotionally draining to pursue, include claims such as adultery, extreme cruelty, desertion, addiction, and other specified reasons.

How is equitable distribution handled in a divorce?

New Jersey follows equitable distribution laws, which means property and assets are divided fairly. Though this can mean an even fifty-fifty split, it is important to recognize that fair does not always mean equal and the percentages of distribution for both assets and debts can vary. Courts evaluate the duration of the marriage, each spouse’s income, contributions to the household, and any premarital agreements, in addition to other factors. These legal aspects of property division can be complex, and guidance from an experienced attorney can help protect your interests.

What is the difference between custody and parenting time?

In child custody cases, legal custody determines decision-making authority for a child’s upbringing, while physical custody determines where the child primarily lives. Parenting time refers to the schedule outlining when the child spends time with each parent. Courts in New Jersey family law prioritize the best interests and overall well-being of the child when deciding on custody arrangements.

How are post-divorce issues resolved?

Even after a divorce is finalized, post-judgment issues can arise. These may involve modifications to child support, adjustments to custody arrangements, or disputes over financial arrangements. Resolving these matters may require negotiation, mediation, or further involvement of the court to ensure that both parties reach common ground.

Is mediation part of the divorce and family law process?

Mediation is often part of the divorce process in New Jersey. In fact, custody and parenting-time disputes usually must go through court-sponsored mediation before trial, unless there’s a history of domestic violence. Other issues, like property or support, can also be mediated if both parties agree. Whether the parties are amicable or contentious, mediation can often be a beneficial tool in reaching a fair settlement.

When should I contact a New Jersey family law attorney?

If you are facing family law issues such as divorce, domestic violence, child custody, or support disputes, consulting a New Jersey family law attorney early can be critical. Our family law firm can provide the legal counseling you need and work with you toward a brighter future for you and your family. Contact us today for a free consultation.

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About Kristen Epifania

Kristen N. Epifania is a proven trial attorney recognized as a Super Lawyers Rising Star, delivering strategic, compassionate representation in criminal defense and family law cases throughout New Jersey.

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Client Testimonials

    When our family faced a legal matter, we were fortunate to have Attorney Kristen Epifania by our side. We called a few different lawyers and from our very first call, Kristen put us at ease with her calm, professional demeanor and deep expertise. What impressed us most was Kristen’s prompt communication throughout the entire process. She was always responsive to our emails and calls, keeping us updated on developments. Kristen took the time to clearly explain the legal procedures, timelines, and our options in a way that was easy for us to understand. While dealing with a stressful situation, Kristen’s empathy and caring attitude gave us reassurance. She listened attentively to our concerns and advocated strongly for the best interests of our family. Her focus to detail was outstanding, thoroughly preparing us for each step. We give Kristen our highest recommendation for anyone in need of a top law attorney in the NJ area.

    Exceptional legal representation! I had the privilege of working with Kristen Epifania, and it was a truly positive experience. After speaking with several attorneys, I was referred to Ms. Epifania. From our first interaction, I was impressed by her professionalism and kindness. Her approach instilled confidence in me, and I knew she would advocate for me effectively. Trust is crucial when working with an attorney, and I felt completely at ease knowing I was in good hands.

    Kristen represented my case and as a first timer, I had no idea what to do / the procedure were. All I knew was thinking my life was over with misdemeanor charges. After speaking with Kristen and hearing back from her with a plea barging, I knew this was going in the right path. All up into the court date, Kristen reached out to me numerous time, checking up and following up with me on my case. She was very caring and that really help me throughout the case. I cannot Thank her enough for the outcome of the case, as I am truly pleased with the result.

    Some attorneys are talkers, others are listeners. Kristen listened to me and heard my concerns and when she presented me with my options I felt her focus on my needs, not just scoring points. She was always responsive to my calls and texts and assuaged my fears, calming me and making me feel she understood my concerns. She was always present throughout the many appearances in the nerve-wracking months leading up to my resolution and when she represented me in court she demonstrated the same caring, calm and focus. I felt I was in good hands with Kristen. When my resolution was reached I felt a mountain had been lifted from my shoulders. I highly recommend Kristen for her caring, calm professionalism to navigate you through the legal system.

    Kristen assisted me in very serious felony charges which she updated and communicated with me weekly and always had constant updated to keep me at ease with the whole situation. 9 Months later dealing with the court system she was able to plead my case down to a violation which was the ultimate best she could’ve done. I hope to never find myself in any future legal issues but If I do I’ll be calling Kristen. I highly recommend her very personable and does 100% to help you out. Kristen once again thank you for all you did for me greatly appreciated.

    After an extensive search for criminal defense attorneys, I sought consultation on sealing a criminal record in New York with Kristen and because the state only recently enacted an expansive criminal conviction sealing law, I did not know what to expect. Kristen worked with me on my case and provided thorough, professional and diligent ground work, communicating every step of the way to achieve successful results. She was knowledgeable, sympathetic and made me feel confident that I was in good hands through the entire process. I highly recommend Kristen to anyone seeking an attorney who works in your best interest to achieve desired results!

    Kristen provided me with peace of mind and confidence in her work with: * Attention to detail * Clear & timely communication * Following up She is definitely a shinning star in her field and I would recommed her to anyone who would need her expertise. She is an absoultely excellent professional to work with. Thank you Kristen!

    Thank you so much Kristen for being so helpful with my case, I was confident of the great job you will do, you always there to take my calls whenever I had any concerns and I can only thank God and you for giving me victory in the case. I sure would recommend you to anyone. The world needs selfless attorneys like you. Again, I say thank you.