WHAT YOU REALLY WANT TO KNOW ABOUT DIVORCE IN NEW JERSEY IN 7 QUESTIONS-7

Einstein’s favorite color was green and his favorite number 7 so let’s stick with 7 very important questions that people should ask or do ask divorce lawyers when meeting with them to determine what to do at this point in their lives and I mean past the point of family meetings, interventions, marriage counseling, etc., the point where one party has left or one party needs to go for the sanity of the home, the kids, etc. Never easy, but sometimes it is what must be done. Remember, leaving the house never means losing your stake in the home itself so leave that issue alone for now. Lets focus on what you can do, should do and never do when you get to this point.

  1. My parents passed away, should I deposit that into our joint account since that is all we have? NO, NO, NO. Open your own account and place those funds there. Those funds are yours and not marital, keep those funds apart. You are allowed to open you own account an anytime during the marriage, during separation, etc. It is not against the law nor will you be punished for that.
  2. I hate my spouse because he cheated on me, I do not want him to see the kids, Can I do that? Think about this. Forget what you did or did not do, what your spouse did or did not do. Your kids do not deserve to be alienated from their father or mother because of your bitterness. Grow Up. Your kids will hate you in the end when the truth is revealed and if it is never revealed, the guilt of your purposeful alienation will haunt you when you kids struggle with adult relationships.
  3. I want to live in the house, can’t I just call the police to get my spouse out? Yes you can temporarily if they believe you are in fear but if you lose the restraining order, your spouse will be allowed back in and if you are found not to be credible, it will come up in the divorce case. Not good.
  4. My friends tell me I can get more money or that I don’t have to let my spouse see the kids, is this true? Your friends are your worst enemies in terms of legal advice. They do not know anything except what may have happened to them in their case. They do not know everything in your case no matter how you try to explain it. Focus on your case and listen to your divorce attorney.
  5. I want sole custody so I can make all decisions for our children, is that easy? No it is not. New Jersey favors joint custody unless you can show concerns, a lack or interest, a lack of communication, etc. However, it is important to remember that the primary or residential parent has many powers whether it is sole or joint custody in New Jersey.
  6. Does a Judge have to decide our issues? No. You can make a deal/settlement through mediation or arbitration. You can also agree together and it will be made in writing, The Judge only decides at the last resort and the court tries to help resolve your case along the way with the help of skilled divorce lawyers and deadlines.
  7. If we do not agree, how long will a divorce take? It can take 6 months to over one year depending on the issues involved. The more you can agree on (if anything) the faster the case can move.

These are just 7 questions that people have during divorce/family law consults in my firm. If you have a potential case, contact my team on 201-706-7910 to setup an appointment in our Jersey City location.

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.

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.