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.

HOW TO MAKE MY SPOUSE LEAVE THE HOUSE AND WHICH OTHER RELIEF CAN I GET DURING A DIVORCE IN NJ

JERSEY CITY DIVORCE ATTORNEY SANTO ARTUSA ON QUESTIONS AND CONCERNS PEOPLE HAVE WHEN GOING THROUGH A DIVORCE OR CONSIDERING A DIVORCE-

I wrote this article to address some concerns people ask when considering a divorce or you are beginning the divorce process in New Jersey. Many times you would not think this day would ever come. A day that you receive divorce papers, a day where you decide you want a divorce, a day you realize you want your spouse out of the home you built a life in, but it happens everyday, some expected, some surprised. Now is not the time to dwell on the past or point fingers, now is the time to focus on what is needed and how to obtain what you need from the divorce.  A divorce is difficult in many ways but you can mitigate some of the damage and you can prevent matters from getting worse. I practice matrimonial law in New Jersey and some of the tips I provide are specific to court rules and cases in New Jersey.

CAN I MAKE MY SPOUSE LEAVE OR PREVENT MY SPOUSE FROM COMING BACK TO THE MARITAL HOME DURING A DIVORCE IN NJ?

Depending on the circumstances involved, yes. NJ divorce lawyer Santo Artusa can help you if you are facing a situation like this.

“Parties in the midst of a tumultuous matrimonial dispute should ordinarily not reside under the same roof.”  N.B. v. T.B., 297 N.J.Super. 35, 687 A.2d 766 (App.Div.1997). So without having to file for a restraining order or for the tension and problems to rise to the level of a restraining order, a person can seek for their spouse to leave the marital home by way of motion in the family court. Agreements can be made that the move is without prejudice to custody requests, the marital residence and so forth or the Judge can order it. Think about it, couples argue even in “good times,” the arguments and tension only get much worse when a divorce is filed. Every time a demand is made in the court action, an unreasonable spouse can bring up that demand all day, in front of the children, in front of neighbors, friends and so on. The bottom line is it can get very toxic very quickly.

There are other cases where one parent just comes and goes as he or she wishes, shaking the foundation of the familial safety and comfort zone. A court could find that this behavior is not acceptable especially if children are involved and this affects their well-being. If one parent is drinking or doing drugs, that can also be another reason to have the spouse removed out of the marital home. The home is meant to be a safe haven, a place where you and your children can rest and not be bothered, a place to re-energize, how can you do that if the tension and/or behavior of your spouse prevents that? You cannot.

What if my spouse is bringing someone around our children that I am concerned about?

The Family Court in New Jersey or the NJ Divorce Court has the power to restrain your spouse or other parent from having someone around that will or could affect the well-being of a child (especially during overnight parenting time). The moral welfare of the children supersedes the right to companionship at times. We recently represented a father that was concerned about an ex-convicts and alleged drug dealer in the presence of his children. We were able to prevent the man from being around the children. After the court issued an order, the mother violated the order and we were able to obtain residential custody to dad, victory!

best new jersey divorce attorneyMy husband left and he is not paying any of the household bills, what can I do?

Pendente Lite Alimony (Temporary Alimony) Applications/Motions. If a divorce has been filed in NJ, or if you plan to file for divorce, you can file a motion for temporary financial relief such as alimony or for the payment of the household bills to return to the status quo (mortgage, taxes, rent, utilities, food, clothing, entertainment). Just because the parents may be at war does not mean the children should suffer anymore than they may be suffering already from the confusion and conflict in the family. The hot headed reactions and the egging on of your spouse near or in front of your children is something you will always regret if you truly love your kids, you need to prevent these scenes of rage that will be instilled in your children’s memories forever.

HOW MUCH OR WHAT CAN BE ORDERED TO BE PAID?

An NJ family court can order a set amount to be paid to the dependent spouse or the court can order certain specific bills to be paid by the breadwinner to continue the pre-separation/pre-filing standard of living. Pendente lite alimony is based on need and if done right, can prevent eviction, losing equity in the marital home, damage to credit because of the non-payment of bills, prevent your children from losing spots in private school, camp, the utilities from shutting off, etc.

best new jersey divorce attorneyRECENT RESULTS
In one pendente lite motion, we were able to have the bread-winner husband pay $9500 in unallocated support while he was still living in the marital home because he would refuse to pay the bills necessary for the wife and children’s well-being.

DO I HAVE TO FILE FOR DIVORCE TO OBTAIN RELIEF?

  • No. If you did not file for divorce or are not ready to, you can seek spousal support in what is called a non-dissolution application. The New Jersey Family Courts also have the authority to order assets sold during the divorce process in order for the family to meet certain obligations. The sale of assets prior to a final judgment is rare but it can be done under certain circumstances.My wife does not let me see the kids, what can I do? 
    If your spouse or mother/father of your children does not let you see your children, you would need to file an application or motion to set a parenting schedule. A parenting schedule will prevent the other parent from trying to control if and when you can see your children. Even if the other parent has sole custody or has prevented visits, you still have parental rights as long as you do not place the children in harm’s way and that it is not against the welfare of the children.I AM ON MY WIFE’S HEALTH INSURANCE, WILL I LOSE THAT BECAUSE SHE FILED FOR DIVORCE?
    Your spouse cannot remove you from a health insurance plan until after a final judgment of divorce has been entered and at that time, the insurance would be available to you to pay for by way of COBRA.I LIVE IN ALPINE, NJ, WHERE SHOULD I FILE?
    *In the county in which the plaintiff (the party that files first) was domiciled when the cause of action arose (domicile-a place where a man or woman has his/her true and fixed, and permanent home and principal establishment, and which whenever he or she is absent he or she has the intention of returning-Source Black’s Law Dictionary).
    OR-Where the Defendant was domiciled when the cause of action arose OR:
    If neither party was domiciled in the state when the cause of action arose, then the county in which the plaintiff is domiciled when the action is commenced.  If the plaintiff is not domiciled here, then it can be filed in the county where the defendant is domiciled when the service of process is made.So in our example, if you live in Alpine and your husband also lives in Alpine. Bergen County would be the place where you would file for divorce in NJ.  If you lived in Manhattan and your wife lives in Jersey City, you could file in Jersey City, New Jersey.

    Jersey City Child Custody Lawyer
    New Jersey Divorce Lawyer and Jersey City Child Custody Lawyer

    My name is Santo Artusa, Jr., and thank you for reading my article. My practice is heavily devoted to divorce and family law issues throughout the State of New Jersey and in Jersey City-Hudson County. I understand the critical nature of matrimonial law as I have been through it myself before I was a lawyer. It was a very stressful and confusing time not knowing what my rights were and not knowing what my lawyer needed from me. That journey led me to attend law school at night while I worked in the financial service industry in New York City. I aspire to take cases that I believe in because you can never put your heart into something you do not believe in. My team and I can be reached for an appointment on 201-706-7910. In, NJ, We handle cases from Bergen County, Hudson County, Middlesex County all the way down to Atlantic County, New Jersey. Contact us today if you have a family law situation that requires legal attention.

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.

 

Knowing When to Walk Away in Domestic Disputes

Every Couple I know, has fought one way or another, over one thing or another whether it is over finances, infidelity, in-laws, drug and alcohol issues and beyond, people argue, it is part of being a human being. The question is when is it time to walk away? Some times one of the parties need to get up and leave for the short term or leave for good. Some situations can easily rise to the level of no return and that is the last thing anyone needs. If a situation is getting worse and you have expressed your desire to be left alone, to have the person stop contacting you, to stop harassing you or invading your personal space in your home, it may be wise to leave. It could be wise to take a picture of the person who is fighting with you and a picture of yourself especially if you have been hit or physically hurt in anyway. The goal is to be able to walk away before things get violent or arguments happen in front of the children, they do not need to see that.

Domestic Violence includes: harassment, assault, criminal mischief, sexual assault, stalking, terroristic threats, lewdness, criminal trespass, burglary, criminal sexual contact, false imprisonment, kidnapping, criminal restraint, and homicide.

You may be married, you may live together, you may be dating, you may have a child together, either way, when it appears that there is no turning back or you need to protect yourself and seek an attorney to help you through the family law or criminal courts, contact us 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.

You Can Only Win What You Can Prove in Court-Lessons From the Tom Brady Scandal

While many of us may think we know, or in fact to do know that Tom Brady had something to do with the deflating of footballs and how the New England Patriots have been caught in the past cheating, but unless you have evidence, you cannot prove it in court and will lose. The same holds true in family and divorce court. I wife may claim her husband has $300,000 in cash or in a Colombian bank account, but unless you can prove that, you are going nowhere. In the case with Brady, the NFL Commissioner had every chance to settle the case but pressed on with the little to no evidence he had, losing the case. The same holds true in many divorce and family law cases as people make accusation after accusation without proof and waste the court’s time, their lawyer’s time, and money. You have to know when to fold and when to make the best out of the situation. The football commissioner had his chance but blew it. Don’t do the same for your family law, divorce or criminal law case.

If you have a family law case in New Jersey, contact the Artusa Law Firm team on 201-706-7910 today.

Common Sense- Shared Parenting Does Not Work When Parents Live Far From Each Other

Some people will do anything to get back at their spouse, some people will do anything to pay little to no child support including an unrealistic shared parenting plan. Shared parenting is geared for people with young children and/or who live near each other. However, many people do not think how going from one house one day to another the house the next day and back and forth leads to further confusion and tension for the child. Children need stability and rules. When children are shuffled from one home to the next, who sets the rules? What is the homework or school project routine? How do they build friendships in their neighborhood if they are always running from one parent’s home to the next?

Recently we had a case where the mother lived in Jersey City and the father lived in Weehawken. The father refused to allow the kids who were getting older to live in one home consistently and even tried to register the children in his school district despite the mother being the primary custodial parent. When we argued in court, the Judge ruled in our favor that while the parents live in the same county, it can easily take one hour to get to and from Jersey City to Weehawken and that the distance was not conducive for the children’s well-bring for a shared parenting plan and that of course, the children should attend school close to the primary parent’s home.

Best Divorce Attorney in New Jersey, How to Determine?

Martindale Award for Client Distinction 2015
Martindale Award for Client Distinction 2015

People often ask or look for the “best divorce attorney in New Jersey, in Jersey City, in Morristown, etc”. Who is best depends more on you than on the attorney. Each case is different and the results will vary greatly depending on the facts, the judge, the timing, etc.

What maybe great about one lawyer (writing skills), maybe second to court presence for another lawyer. To me, you need a bit of both. You need to be a great writer, reader, analyzer, speaker, have a great presence in the courtroom, you need to be able to think quick, argue respectfully, treat the court respectfully and of course, show your client respect. There is no simple solution to who is the best lawyer anywhere, but researching or better yet, meeting with the prospective attorney to see if you have professional chemistry with that lawyer. There are many sites that rate attorneys, I am on several of these sites including avvo.com.

If you seek a professional consultation about your family law or divorce situation, contact my office today on 201-706-7910. We are located at 35 Journal Square, Jersey City, NJ 07306.