Family Law

Morristown Family Law Attorneys

Partner-Level Counsel for Every Family Law Matter in Morris County

Family law disputes carry consequences that follow families for years. Custody arrangements shape a child’s daily life. Equitable distribution determines financial footing for decades. The attorney you choose for these matters isn’t a small decision, and at Foster & Burke, we take that seriously.

Both of our attorneys, Elizabeth Foster-Fernandez and Elizabeth Burke, left large firms to build a boutique family law practice in Morristown. When you work with us, you get direct partner involvement from day one, not a first-year associate handling your file. We serve clients throughout Morris County in the Family Division of the Morris County Superior Court, and we offer virtual case evaluations for clients who need flexibility.

If you’re preparing for family court in Morristown, our firm can guide your steps with care and precision. Contact us online to discuss your case.

Family Law Cases We Handle

Our attorneys represent couples and families in a wide range of matters before New Jersey family court. We handle cases involving:

We also handle DCPP matters involving the Division of Child Protection and Permanency.

Family Law Consulting Services

Attorney Elizabeth Burke offers consulting services for family law matters, including document review for clients managing portions of their case independently. She reviews mediated settlement agreements (MSAs) for errors, missing provisions, or language that conflicts with New Jersey law and could cause a family court judge to reject the agreement. She also reviews memorandums of understanding (MOUs), which are dictated agreements that outline shared goals or intentions before being formalized in a final agreement.

Attorney Burke provides counsel and legal advice for pro se litigants, individuals who choose to represent themselves in family law court. Even those who plan to self-represent can benefit from attorney review of key documents before submission. Attorney Burke is also a certified family law mediator, which allows our firm to support clients at every stage of a mediated process.

How Is Spousal Support Calculated in a New Jersey Divorce?

New Jersey courts use no fixed formula for spousal support. Judges weigh the length of the marriage, the standard of living established during the union, each spouse’s income and earning capacity, contributions to the household, the age and health of each party, and whether either spouse stepped away from the workforce to care for children. The analysis is fact-specific, and outcomes depend heavily on how the evidence is presented.

Whether you are requesting alimony or responding to a claim, we advocate for an arrangement that reflects your actual circumstances and supports your long-term financial needs.

Mediation & Collaborative Divorce Options in Morristown

Not every family law dispute belongs in a courtroom. When circumstances allow, alternative dispute resolution (ADR) can help families reach practical agreements with less conflict, more privacy, and greater control over the process than traditional litigation. At Foster & Burke, we help clients throughout Morristown and Morris County evaluate which path fits their situation.

Mediation is guided by a neutral third party who facilitates negotiation but cannot give legal advice or make binding decisions. Your attorney’s role is to explain your rights under New Jersey law, identify terms in a proposed agreement that may be unenforceable or disadvantageous, and advise you before anything is signed.

Collaborative divorce is a structured out-of-court process in which both parties and their attorneys commit to resolving disputes without litigation. Financial professionals and mental health professionals are often brought in to address complex issues, and the process can offer greater privacy than courtroom litigation.

Why Families Choose Alternative Dispute Resolution

  • More control over the process than leaving decisions to a judge
  • Privacy for sensitive family and financial matters
  • Reduced conflict, which can be especially important when co-parenting continues
  • Flexible solutions tailored to your schedule, children, and finances
  • Potentially faster resolution than waiting for court dates

When Court May Still Be Necessary

Some situations require immediate court involvement. Domestic violence, hidden assets, urgent parenting concerns, or bad-faith negotiation can make settlement impossible. When litigation is the right path, our attorneys are prepared to advocate for you with trial-ready strategies from day one.

What Is the Role of a Family Lawyer in Divorce Mediation?

Divorce mediation is an alternative dispute resolution (ADR) process in which a neutral third-party mediator guides both spouses toward mutual agreements. The mediator can’t give legal advice or make decisions on anyone’s behalf. That’s where your attorney comes in.

Your family lawyer explains your rights under New Jersey law, identifies terms in a proposed agreement that may be unenforceable or that work against your interests, and advises you before you sign anything. Clients who enter mediation without independent counsel risk agreeing to terms they don’t fully understand or that don’t reflect their rights under a marital settlement agreement. Our firm includes both skilled divorce attorneys and a certified family law mediator, giving us the ability to represent you at each stage of the process.

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  • Trusted Experience
    With extensive litigation and appellate backgrounds, we confidently handle complex and high-stakes family law matters. You benefit from seasoned attorneys who are prepared for any challenge.
  • Client-Centered Care
    We take the time to understand your family, your concerns, and your goals. Our approach is compassionate, steady, and built around helping you move toward a better future.
  • Honesty First
    We believe in straightforward guidance and ethical advocacy, without unnecessary court battles or inflated billing. You always know where you stand and what to expect.
  • Focused Advocacy
    We bring big-firm experience to a boutique setting, giving every client strategic, attentive representation. Your case is never handed off or treated as routine.
Ready to Take the Next Step?
Connect with our team to discuss your family matter.

What Should I Do if My Ex Refuses to Follow Our Custody Order?

New Jersey courts expect both parents to comply with the terms of custody orders. Repeated violations can affect future custody determinations, and you don’t have to wait for the situation to escalate before taking action.

We can review the existing order, document patterns of non-compliance, and pursue the appropriate remedy, whether that’s negotiating corrective action, filing an enforcement motion, or requesting a modification if the violations reflect a deeper problem. Our goal is to restore your child’s safety and stability as efficiently as possible.

What Factors Affect Child Support Calculations in New Jersey?

New Jersey uses the Income Shares Model through its child support guidelines, meaning both parents’ incomes are considered in proportion to total parenting costs. Courts also weigh the number of children, each child’s age and specific needs, childcare expenses, the amount of parenting time each parent has, and extraordinary medical or educational expenses. The standard of living the child would have enjoyed if the family had remained intact may also factor into the analysis.

We review each client’s full financial picture, gather the necessary documentation, and guide you through negotiations or court proceedings. We explain how New Jersey’s child support guidelines apply to your family’s specific circumstances and advocate for an outcome that puts your child first.

When Can Family Court Orders Be Modified?

Family court orders covering child custody, child support, spousal support, and visitation are legally binding, but they can be modified when circumstances warrant it. To seek a modification, you must demonstrate a substantial change in circumstances, meaning a change that is expected to be permanent or continuing rather than a temporary hardship.

Courts evaluate the duration and permanence of the change, its impact on the child’s daily life, and how it affects each parent’s ability to fulfill their responsibilities. Common triggers include significant income changes, relocation, a shift in a child’s needs, or a parent’s remarriage. We help clients build a clear record of the change and advocate for modifications that balance fairness, practicality, and stability.

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