Jersey City Car Accident Lawyer

What You Need To Know-Notice of Scheduled Appearance for Motion Hearing

best new jersey divorce attorneyHave you received New Jersey Family Court motion papers in the mail? Are you seeking to file a cross-motion? Do you want to defend against the request that you received in the mail? Are you seeking a family law-child custody lawyer in New Jersey?  The New Jersey Family Law Attorneys at the Artusa Law Firm can help you today on 201-706-7910.

The State of New Jersey To: Have you received a notice that matched the title of this blog for a court date in Hudson County, Essex County, Union County or Bergen County? If you have, we can help. Our team focuses on family law issues throughout the State of New Jersey. The motion you received may lay out one issue to contend or several (child custody, parenting time,violation of a court order,  college costs, child support, alimony issues, enforcement motions, emancipation, child relocation, spousal support, evaluation of assets, etc) either way there is a deadline to respond and if you seek certain relief there is a deadline for your “cross-motion” or “cross-application.” The New Jersey family law attorneys at the Artusa Law Firm can help you with your case if you seek professional family law representation.

What is written in the motion papers and the exhibits (attachments) you provide are very important to your case. Without proof, a Judge may simply decide the motion without oral argument. If you reply and request oral argument, you should be able to have that and argue your case before the Judge and against the opposing party. However, you should know that if you elect to handle the matter on your own, you will be held to the same standard as an attorney. You must know the rules and the legal standards for the claims you are asserting. Family law motions require a substantial amount of work and if done incorrectly, can cost you more than you imagined. If you received a motion in New Jersey for a family part case, contact the team at the Artusa Law Firm today on 201-706-7910 to discuss your situation and if it makes sense to hire an attorney.

 

Jersey City Child Support Lawyer

Did You Know You Can Obtain a Divorce in Middlesex Without Going to Court?

You Can Obtain a Divorce In Middlesex County-NJ Without Ever Going to Court. Yes it is True.  Contact the Artusa Law Firm team today to handle it for you.

WHAT YOU NEED TO KNOW

You can obtain a divorce in Middlesex County without ever appearing in court. If you work with an experienced divorce attorney in New Jersey, we can handle all the papers for you and you will receive your New Jersey Divorce Judgment in the mail or from our office, your choice! If you have not reached an agreement with your spouse and issues remain, we can help you with that too. Contact us on 201-706-7910.

New Jersey Divorce Lawyer Santo Artusa
New Jersey Divorce Lawyer Santo Artusa Martindale Award for Client Distinction

The Artusa Law Firm handles divorces in Middlesex County, New Jersey and Morris County, New Jersey. Filing for a dissolution of a marriage, AKA a divorce is the same throughout the State of New Jersey. Our practice focuses on family law and divorce Statewide. We have experience representing people in Middlesex County Family Court, Morris County, Hudson County, Essex County, Somerset County, Union County, Bergen County and beyond.

We can handle your case whether it is an uncontested divorce in Middlesex County or an uncontested divorce in Morris County, we can handle it. Whether there is child custody, child support or other issues in contention or there are no issues at all, we can help you get divorced soon. The Artusa Law Firm practices in every county in the State of New Jersey concerning divorce and family law issues. While we are located in Jersey City, we work statewide. Our army of lawyers can help you get a divorce and move forward with your life.

Again, Whether you have children, have an agreement or not, is contested or not, we can help you with our experience in family and divorce law.We also help people who have post-divorce situations and family court motions that need to be addressed. Whether it is child custody case in Edison, a parenting time dispute in Morristown, alimony adjustments in North Brunswick, child support in Iselin, college contributions for Princeton , child relocation, domestic violence, changes in circumstances, order enforcement issues, we know what to do. Contact us today.

Our office is headquartered in Jersey City as many of our clients work or own businesses in Manhattan or other areas of New York City. We provide transportation for new clients that retain our services that live outside of Hudson County. For a consultation with our family law or divorce lawyer, contact us at the Artusa Law Firm today on 201-706-7910, we can help you.

Jersey City Divorce Attorney/Child Support vs. Alimony

As a lawyer who focuses on family law and divorce issues in Jersey City, I speak to individuals about a variety of scenarios with regard to family law cases, as each case is fact specific. Today, I will write about child support and alimony, which is frequently discussed when someone is seeking a divorce or has begun the divorce process.

CHILD SUPPORT IS A CERTAINTY WHILE YOU MUST MAKE A CASE FOR ALIMONY BASED ON THE LIFESTYLE YOU LIVED/INCOME DIFFERENTIALS. 

In Divorce Court, You cannot simply walk in and tell the Judge, “Hey, I want alimony, thank you.” and sit down. If you have a child, you will receive child support and while there are many things to argue about with regard to child support, in the end, the custodial parent will receive child support for the child until the child is emancipated, which is NOT automatically 18 in the State of New Jersey. A child is considered to be emancipated when a court finds that he or she has left the sphere of influence.

On the other hand,  a litigant must show that there is a need for alimony, how much alimony and how long the alimony must be paid for. Now, if you and your spouse agree to a monthly number, that amount can be allocated as you wish because alimony has tax advantages to the payor, while child support does not. Some of the factors used to determine if alimony should be awarded are:

The Length of the Marriage
The Parental Responsibilities of the Custodial Parent
Age of the Parties
Assets available to the Parties
Incomes and/or Potential Incomes
Marital Lifestyle

Furthermore, if you and your spouse, whether through the attorneys or between the two of you, actually agree, a marital settlement agreement will be made and will be part of the final divorce judgment.  If you or a loved one is seeking to move forward with an experienced Jersey City divorce lawyer, contact us today on 201-706-7910 to discuss the situation.

 

 

The Current State of Alimony in New Jersey, Gnall v. Gnall

In 2014, a long awaited, revised and revised again the amendment to N.J.S.A. 2A:34-23(b) which essentially made permanent alimony much harder to get (or open durational alimony) unless a marriage is 20 years or longer, absent “exceptional circumstances.” In the recent Union County case of Gnall v. Gnall, the parties were married approximately 15 years. Prior to the amendment, a 15 year marriage would very well lead to permanent alimony in many cases. The trial court found that 11 years of alimony was appropriate in the case because the marriage was not long enough. The wife appealed, and the court of appeals held that a 15 year marriage is not short term and permanent alimony was required. But the fight was not over there, the New Jersey Supreme Court reversed the appellate division writing that there is no bright line rule as to open durational/permanent alimony and that ALL the factors outlined in the statute must be considered. The length of the marriage is only one of the factors considered in spousal support/alimony cases in New Jersey. The Supreme Court held that the 20 year or any other amount of years is not a clear line for determining the length of support. So for those of you who were running to the courthouse to file for divorce before your 20th anniversary, do not count on the length of marriage alone! Other key factors include:

  1. The earning capacities, educational levels, vocational skills and employability of the parties.
  2. Parental Responsibilities of the parties.
  3. History of financial and non-financial contributions of each party. A high earner cannot usually earn an sizable income if “the house is not in order.” A stay at home spouse or part-time working spouse can be critical to the success to the family unit as a whole.
  4. The tax ramifications of the alimony award.
  5. The equitable distribution of the marital property.
  6. The length of absence from the job market and the custodial parent’s responsibilities.

These are just some of the factors but the bottom line is that there isn’t a clear line as to who qualifies to open durational alimony in the State of New Jersey. If you have a case or are seeking to file, contact my team on 201-706-7910 today for a confidential professional consultation.