Driving While Suspended, Leaving the Scene of an Accident Attorney

A municipal court does not only handle parking tickets, noise violations, housing code enforcement but also more severe situations such as: leaving the scene of an accident, NJ 39:4-129, NJ 39:4-130, driving while suspended NJ 39:3-40, Driving Without Insurance, Driving While Intoxicated, Driving While Impaired, Possession of a Controlled Dangerous Substance, Assault and so forth. The penalties can be severe and without proper counsel from a licensed attorney, you may regret entering a plea deal or trying to have a trial. If you have been accused of any motor vehicle or criminal act, contact our team at the Artusa Law Firm today to discuss your situation on 201-706-7910.

New Jersey Domestic Violence- Spotlight on Criminal Mischief

A recent published case by the New Jersey Appellate Division,  N.T.B. v. D.D.B., the court spent considerable time on if someone who destroys his own property or better yet, marital property is considered criminal mischief with regard to domestic violence. One could argue, how could I be arrested for destroying something that is mine? However, in a divorce or in a relationship, people acquire things  together and just because a marriage is against the ropes or someone is angry does not permit that party to destroy potential marital property. The Defendant argued that he could not be found guilty of committing criminal mischief because it was joint property and not the property of another. The appellate court disagreed with this reasoning. Imagine the breadwinner of the house destroying all of the marital property that is needed to sleep, that is valuable and so forth because the bread winner could simply replace them with his or her money while the party who is dependent could not, that would not be just. During the divorce process, the tension can mount and things could get out of control quickly. It is important to keep the big picture in mind and to know when to walk away from a potentially serious situation that can affect your liberty and custody rights.

Holiday Parenting Time-Prevent Issues Before They Occur

The holiday season is quickly approaching and a major area of strife is holiday parenting time. Some parents have a set schedule and others do not. Some have a set schedule but do not have exact times in place, a recipe for police calls and threats. The time is now to avoid this misery and try to resolve parenting time disputes in WRITING before they occur or occur again for many people. The more detailed people are with a holiday parenting schedule, the less chance there is for confusion and the less chance someone will violate the order or agreement if they know a Judge will fine or sanction them for purposely violating it. I always recommend that people should be fair in the holiday schedule so that both parents are able to have quality time with their children but certain situations call for safeguards and limits. Other situations call for limited time because the non-custodial parent does not pay child support, does not come around all year except the holidays and so forth. Even when parenting time calls for safeguards, it is better to do it in writing and if the other parent does not agree, go to court and get a court order where a Judge will hear both sides and make a determination.

On a lighter note, it is also playoff time so………..Lets go Mets!

Update from the Court, Modifying a Marital Settlement Agreement

Hudson County Divorce Lawyer Santo Artusa and his team represents people during divorce cases and after divorce cases have been settled or tried if some family law issues still remain or new issues arise. Sometimes when a marital or property settlement is made, mistakes are made, people may have felt forced, or changes have occurred since the time the settlement was entered. Over time, the settlement agreement may need to be changed in family court.Call us today on 201-706-7910.

NEW JERSEY DIVORCE LAWYERS
NEW JERSEY DIVORCE LAWYERS

A recent case we had in the Hudson County Family Court in Jersey City, New Jersey brought by our firm by way of post-divorce motion seeking to modify the marital settlement agreement and seeking to enforce other aspects of the marital settlement agreement in which our client’s former spouse refused to permit parenting time over and over again. We were able to show the court that a significant change in circumstances warranted the need to modify the agreement. In the case, dad moved out of state and as time went on, he could no longer exercise his monthly parenting time in New Jersey but mom refused to cooperate to permit the monthly parenting out of state and blocked key parenting times during Christmas and other holidays. Completely unacceptable to any parent.

The court agreed that because dad was no longer able to have visits here (except in a hotel), that the monthly visits will occur out of state and found that mom violated key provisions of the agreement and was ordered to pay counsel fees and was warned that if she would return to court blocking parenting time that she would also be sanctioned.  Additionally, dad was also awarded 9 weeks of summer time parenting time in his new state. In the end, it was a great day for fathers who seek to have as much parenting time as possible and a great day showing that marital settlement agreements can be modified when necessary.

The Artusa Law Firm is skilled in matrimonial and post divorce applications in New Jersey. We can help you determine if a motion or application is ripe or if you will be wasting your time by failing a claim. If you have been served with papers by your former spouse and need representation in family court, we can help you with that as well. Our office is located in the Capital One Building, 35 Journal Square, 8th Floor, Suite 825, Jersey City, New Jersey 07306. Our office line is 201-706-7910.

For information about all of our areas of practice visit: JERSEY CITY DIVORCE LAWYER.

 

Divorce Mediation-Collaborative Divorce in New Jersey

Divorce does not have to be fought in open court where the people in your own community can see and hear all of the issues in your case, you can elect to hire a divorce mediator/divorce attorney that does not represent either party and it is the mediator’s goal to resolve all issues in the case so that you can be divorced and not go through the mystery of what a Judge will do. Our team is skilled in negotiation and mediation in family law and divorce cases.
Whether the issues are:

  • alimony
  • division of assets
  • child custody
  • parenting time
  • traveling abroad
  • child support
  • relocation
  • medical costs
  • college contribution
  • private school
  • who keeps the marital home
  • tax ramifications
  • 401k/Pension Assets
  • stock options
    We can help you and your significant other reach an agreement that both parties can live with without getting ugly in family court exposing your personal lives. The mediation sessions are confidential and can lead to a “global settlement” of all issues in your case that does not require a Judge’s approval.
    We offer convenient hours as most of our clients work in Manhattan and need flexible hours to attend mediation sessions which we gladly offer.
    If you have a divorce or family law situation and seek an independent voice to try to help you reach an agreement, contact us today on 201-706-7910.

Settling a Family Law/Divorce Dispute vs. Going to Trial

During the divorce process or a different family law dispute, you have an opportunity to resolve your case through a settlement agreement or by having a judge decide. When you have a judge decide, what you get is a decision. With a decision, many people feel the judge does not know or missed certain points but the truth is, judges are busy and try to be fair to both parties but often, in family court, the outcome is worse than reaching an agreement. When making an agreement, both parties have input, in a trial, it is one person against another and many times what is said is lost somewhere in the middle. A sign of a reasonable deal is where both parties made concessions and can live with the deal. On the other hand, when the Judge renders a final order, your say is finished (except for an even more costly appeal). When you have a family law or divorce case, do your best to work with a lawyer who wants to help you settle, or a lawyer who will mediate between the two of you. Aside from that, have the mindset that you want to resolve the matter too. Making completely unreasonable demands will only make the other side walk away from the table.

In the end, the best way to settle your case is to be prepared. A lack of preparation is a sure way to fail. Prepare, Prepare and Prepare more. If the other side knows you are ready to litigate, they will be more inclined to settle.

Jersey City Lawyer for Child Custody and Divorce Cases-What you need to know

Advocating for clients in Jersey City at the Hudson County Superior Court takes: patience, persistence, toughness, respect for others and a positive attitude. Being a Jersey City lawyer who also lives in Jersey City, I understand the people, I understand the Judges and regardless how good someone claims to be, sometimes the facts are strongly against you but you need to make the best of every case you work on and be persistent. Hudson County is home of many small firms and solo offices. Even the “bigger” firms are small and do not have any “wiz kids.” When the time comes that you need to hire an attorney for any reason, whether you have been arrested during a domestic violence dispute, are seeking to file for a divorce, have been served with child custody motion papers, it is critically important to meet with a lawyer as soon as you can. Motions and/or applications for specific relief require an answer within a certain amount of time and that time ticks away very fast. Divorce papers when served properly, require an answer within 35 days or you run the risk of default and a judgment being entered against you. One reason I say you need a positive attitude when in court is because if the matter involves something important, say child custody or parenting time for instance, it is important to come across as caring and at least willing to try and reach a resolution. A person that comes to court expecting everything and not willing to try to work matters out will lead to one certain loser, your child. Despite how much you may currently hate the opposing party or opposing parent, that parent, in most cases, loves your child too and that is the key element in any child custody or divorce case. As a father, I know the most precious time god gave us is the time we have with our children. Abusing that gift by not caring for your kids and or missing parenting time, not paying child support on purpose is terrible. On the other hand, trying to brainwash your children to hate the other parent is just as bad if not worse. My office is dedicated to finding solutions to people’s legal problems, whether its a family court issue, a car accident, a criminal matter and so on. If you or someone you know faces a legal situation, contact us today on 201-706-7910 for a confidential consultation at our Jersey City Office.