Jersey City Child Support Lawyer

3 Things to Know-Divorce Strategy in New Jersey- Does it Matter Who Files First?

Hudson County Divorce Lawyers and divorce lawyers throughout the country often field this question and we will quickly discuss the importance of filing for divorce first. This is what you need to know in short.

A divorce is considered a civil action in the New Jersey courts. There is a plaintiff and a defendant (in adultery cases there are defendants). One question people ask at times but not enough is, Does it matter who files first in a divorce in New Jersey? 

artusa-hoboken-minIn a case that has issues to determine, the answer is YES. The plaintiff is the person that files for divorce first and sets the tone for the entire case. He or she can file the case and file a motion for various relief right away placing the defendant against the ropes. Smart and experienced New Jersey Divorce Lawyers can help your case by deciding the order in which the case is heard, can start with a motion or at trial, the plaintiff starts the case and controls the order of it. A first impression with a New Jersey Divorce Judge goes along way and the same hold trues in a divorce trial or other family law case (who brings the motion first). It is very hard to undo a first impression and very hard to stop the momentum the Plaintiff has going for him or her in a trial or motion. This hold true whether the case is in Union County, Hudson County, Bergen or beyond, the New Jersey Divorce Rules govern all the divorce courts and trials.

DIVORCE STRATEGY IN NEW JERSEY

If you work with skilled and learned New Jersey divorce lawyers, he or she will plan out a strategy for your case to help you achieve your case goals. The case can be settled along the way or it can go to trial, either way, you must prepare as if you are going to trial so that you can negotiate from a position of strength, not weakness. If your opponent knows you are not ready, why would they negotiate and reach a fair deal with you? They will not.

WHAT IF I HAVE BEEN SERVED WITH NEW JERSEY DIVORCE PAPERS OR FAMILY COURT MOTION PAPERS?

If your spouse has filed and you are the Defendant, there is still much that can be done and it can be argued that the Defense has an upper hand because they get to go after the Plaintiff finishes their case, after cross-examination and beyond in a divorce in New Jersey. Regardless if you have been served, if you work with the right New Jersey divorce attorney, a strategy can be planned and the fight will begin. When you are served with motion papers or divorce papers you only have a certain amount of time and time is of the essence. Many people come into New Jersey Divorce Attorney Santo Artusa’s office after receiving divorce papers from: The Weinberger Law Group, Freeman Hughes, Weiner Lesniak, Irwin Tubman, Greenberg Walden Grossman, Chasan Leyner Lamparello, Anthony Carbone, Miller Meyerson and Corbo, Karen Saminski, Lesnevich and Marzano, Lyons and Associates, Maurice Giro, Einhorn Harris, Micklin Law Group, Edward Weinstein, Riker Danzig, Lofaro and Headley, Moskowitz Law Group and many others. Each attorney has a different style and it is important to know who you are dealing with in a family law and divorce case in Hudson County, Essex County, Union County, Somerset County, Middlesex County, Bergen County and beyond. The Artusa Law Firm is skilled in representing people in sensitive family law matters and is experienced in arguing before the Judges in Hudson County and throughout Central and Northern New Jersey.

Our firm handles a variety of legal matters including: Child Support in New Jersey, Child Custody in New Jersey, Restraining Orders in New Jersey and so forth. For information about all of our practice areas, visit Artusa Law Firm of New Jersey.

Every divorce case is unique and needs an essential attention to details and patience. The Artusa Law Firm is here for people seeking help navigating through the family law and divorce world in New Jersey. If you seek a consultation in our Jersey City office, contact us today on 201-706-7910 today.

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.

 

Hudson County Child Custody Lawyer

5 TOOLS AVAILABLE IN A CHILD CUSTODY DISPUTE

  • WHAT CAN I DO IF MY WIFE AND I DO NOT AGREE ON CHILD CUSTODY IN NEW JERSEY?
  • I WANT CUSTODY OF MY CHILD BECAUSE I THINK THE MOTHER IS UNFIT, WHAT CAN I DO?
  • I HAVE AN UPCOMING COURT DATE FOR CHILD CUSTODY AND CHILD SUPPORT IN NEW JERSEY WHAT SHOULD I DO?
  • WHAT IS THE DIFFERENCE BETWEEN SOLE AND JOINT CUSTODY IN NEW JERSEY?
  • I NEED AN ATTORNEY FOR FAMILY COURT IN NEW JERSEY, WHO SHOULD I CALL?

N.J.S.A 9:2-4f. New Jersey Child Custody Attorney

CHILD CUSTODY AND PARENTING TIME DISPUTES IN JERSEY CITY, NJ

HOW TO PROVE YOUR CASE AND THE TOOLS AVAILABLE TO PARENTS IN NEW JERSEY FAMILY COURT

Whether you live in New Jersey or live out of state and have a family court case about child custody, child support and so forth, we can help you whether you are close by or live in Florida, Virginia or any other state and have a New Jersey Family Court case. As Jersey City child custody lawyers, we represent parents from throughout the country because of the transient nature of Jersey City and Hoboken, New Jersey.

When parents cannot agree on simple things in life, they usually cannot agree on how or who should be the primary parent in the child’s life and/or how much parenting time each parent should have. These issues are never easy to tackle as in most family law cases, there is no smoking gun to prove your case. You need to present your case accordingly in family court to change custody, obtain custody, change parenting time , start having parenting time, have a New Jersey child support issue and seek a change. While many cases are cut and dry in that one parent has been the custodial parent throughout the child’s life while in other cases, the one parent agrees who should raise the child (which home to live in). The other cases that do not fit this distinction are the focus of this article.

CHILD CUSTODY AND PARENTING TIME DISPUTES IN JERSEY CITY, NEW JERSEY

In these disputes, the court offers mediation to try and resolve the issues at hand. This option is available early on in the case and can be extremely useful to individuals but again, cases where the anger toward each party is present and/or the truth is blurred, mediation will not get the job done. The statute in New Jersey that governs child custody determinations is: N.J.S.A 9:2-4f.

New Jersey Family Law Attorney
New Jersey Family Law Attorneys

When a change in custody is sought or a significant change in parenting time is sought, your attorney should seek to conduct discovery if certain issues are present in the case. For example, if one party has a history of drug use, careless behavior, addiction issues and so forth, it is important to find out if the party is still using, if not, have them prove how long the person has been “clean” through a hair follicle test, when is the last time they relapsed, when they relapsed what happened?, has the child ever seen the parent in this state? The list goes on and on. When issues like this and other issues such as anger, inability to control a person’s behavior, risky behavior and so on appear, your attorney should seek that the person seeking more time be mentally evaluated by a neutral professional. Furthermore this neutral person should write a best interests report that can be used in court where the expert will testify as to how they reached their conclusion. This report is not the final test for the Court but it is a major consideration for the Judge in determining what should be done next. The expert witness is offering a suggestion to the Court and is not dispositive but the Judge could give that testimony alot of weight. Additionally, you can seek that written discovery be provided or depositions be conducted where you can question the party or potential witnesses. These tools, when done right, can be extremely effective in finding the truth and catching someone being untruthful during the court proceedings.

NEW JERSEY FAMILY LAW ATTORNEY SANTO ARTUSA, JR., ESQ

Family issues, especially custody can get very ugly and difficult. New Jersey Family law and child custody attorney Santo Artusa has the experience and care to represent people who take these cases very seriously. These matters are very hard to simple work on and forget. It is important to work with a lawyer who represents your interests as if it was his or her case and family. New Jersey Family Attorney Santo Artusa does. If you seek professional representation in child custody, divorce, child support and other family law issues, contact the Artusa Law Firm today on 201-706-7910.To view all of the legal services we offer, visit: Artusa Law Firm of New Jersey.

 


Jersey City Car Accident Lawyer

How To Be Divorced Fast in Jersey City-Key Tips

Divorce Lawyers in Jersey City and throughout America are in the midst of the “Divorce Rush” that happens every January after the Holiday season. People are so surprised when I tell them how busy the first Monday of January is and the weeks/months that follow. Some people incorrectly assume that when they hear the word divorce, they think all of the cases involve a family breaking up or people that still live together calling it quits. While that is true at times, there are many “dead” marriages where the parties have not lived together in years, have not spoken in years, do not have children or if they do, the non-custodial parent is not around or cannot be located. Every case is very different and fact specific.

WHAT YOU NEED TO KNOW AND WHAT TO STAY AWAY FROM

There are services out there that will complete the divorce paperwork for you and let you do the rest. If you have the time to spare, go for it, if you work or are busy, do not waste your time with a service, hire an experienced divorce lawyer to handle the case for you so you can focus on what is important to you. Dealing with any court takes persistence and patience, especially a busy court such as the Hudson County Superior Court. Hudson is one of the busiest courts in New Jersey for divorce, family law, criminal and civil actions.

WHEN YOU ARE READY TO FILE, SPEAK TO YOUR SPOUSE BEFORE YOU FILE AND LET YOUR SPOUSE KNOW YOU WANT HIM OR HER TO SIGN OR IF NOT TO REACH AN ACCORD. WE CAN HELP YOU WITH REACHING AN AGREEMENT TOO. 

IF YOU CANNOT LOCATE YOUR SPOUSE, WE CAN HELP YOU TOO BUT IT WILL TAKE LONGER, BUT IT WILL GET DONE!

After the slow season in December, the courts are buzzing with people who want to address their New Year’s resolutions, tons of papers to file, lines to file and trying to get court dates for new cases while old cases are trying to be completed. If you seek to move forward with a divorce or family law case, contact the team at the Artusa Law Firm which is located in the Capital One Building in Jersey City (921 Bergen Avenue) on 201-706-7910 today for a confidential appointment.

JERSEY CITY DIVORCE LAWYER AND THE ART OF WAR

“Never, Never, Never give up.”

My name is Santo Artusa and I am a Jersey City Divorce and Child Custody Attorney. I recently read an article by a divorce attorney who was providing information as to how to choose a divorce lawyer. The read was very interesting as she coined it “The El Paso Test.” Essentially it came down to with many qualified attorneys to handle your case, if you can afford them, how do you select an attorney out of that bunch? Her take focused on a long journey in a car with guess who, the attorney you hired. Would you last the grueling 8 hour ride? Would you drive each other mad?
My approach is similar to hers. However, instead of a simple car ride in Texas, my focus is on war and the similarities and characteristics one needs to make it through a divorce that is essentially a “civil war.” In every war, there are battles that are won, battles that are lost, and lastly battles that nobody wins. Either way, regardless of how many battles have been won or lost, you must pick yourself up and keep marching to the end battle which decides the war. In a divorce case, you want someone that can handle the frequent battles in court and that can keep fighting regardless of minor setbacks.

emblemmatic-artusa-law-firm-logo-461
Divorce Attorneys in New Jersey

“Never, never, never give up” as Sir Winston Churchill said when dealing with daily bombings from the Nazis. While you want someone that can be intense and remain focused regardless of what bomb has just gone off, you also want someone with levity and believe it or not, humor by your side. If you do not take the time to be grateful for what you have, even in the midst of a very difficult situation, or to downplay the seriousness of a setback, the war may be lost before the first battle has begun. When choosing a divorce lawyer, do not fall for the ” I have 30 years of experience and I know it all.” Frankly, some attorneys that have 30 years of experience cannot handle the intense competition in today’s legal world and the more complex court rules of today. Furthermore, do not fall for the semantics such as “combined we have 300 years of legal experience” but yet the associate that is actually doing all the work has 2 years of experience and has only been to court a handful of times. Furthermore, whether your case goes well or not, that attorney is simply looking for a paycheck from his or her employer.

A divorce is unlike many other legal fields. The effects of each court order or the final trial order have an immediate and lasting impact. Working with an attorney that you feel comfortable with and that believes in your case is worth more than working with the most brilliant lawyer who is faking his or her way through the case. The Judges of today are smart, but they are still human. They come from many different backgrounds. For the most part, they will not fall for the fake play acted in front of them nor will they fall for the unethical games played at times which seek to pervert the truth for their own gain.

The hiring of an attorney is similar to electing your political representative. If your attorney does not believe in your position, why would you hire him? Why would you want someone to argue and fight for you if they do not believe in your goals? Don’t! If your local politician held much different views than you, would you vote for him or her? No. And with that being said, in battle and in war, you cannot fake it. You cannot hold back or hesitate because if you do, you will lose. The same applies to divorce and family law. When it comes time to hire an attorney with something as important as divorce, child custody, and other related matters, think for a moment…….Is this the person I want on my side during difficult and trying times? Has this person been through difficult times and has overcome them? These questions override any resume or sales pitch.

Until then, good luck to you and choose wisely or the war will be lost.

If you are interested in reaching my team, call us on 201-706-7910 or please fill out the contact form below.

DIVORCE LAWYER IN JERSEY CITY

As a divorce lawyer in Jersey City, I have represented people throughout New Jersey and from other states that have divorce and family law issues in Hudson County, Essex County, Middlesex County, Bergen County and Union County. Regardless if it is a simple divorce where both parties come in to sign all the papers or we must find your spouse and serve him in another state or country, we can handle it. If the case has complex child custody or diverse assets to divide, we have dealt with it and are ready to help you with your case. The best way for us to help you is if you have an idea of what you are seeking so we can evaluate your case and tell you if it is worth pursuing financially and what the positives and negatives of your case are. We will help you choose a cause of action for your divorce, inform you of what you may be entitled to and help you move forward from there. Our headquarters are located at 35 Journal Square, Suite 531, Jersey City, NJ 07306. Our main contact number is 201-706-7910. 

Every divorce case is different as are the issues involved in the case. Is your case about dividing assets? alimony? child custody? child support? parenting time? getting your maiden name back? a cheating spouse? adultery? domestic violence? extreme cruelty? If you tell us the situation, we will guide you toward the best course of action.

In a recent case we had, the spouse refused to provide his address and would not sign for the divorce papers in front of a notary. We were able to find him in Western New York, serve him, his 35 days to respond expired and we were able to have our client get a divorce and resume her maiden name, that is all she wanted and we got it. She did not want to seek a division of assets or alimony, she just wanted to move on with her life and put a bad relationship behind her.

UNCONTESTED DIVORCE

In another case, both parties came into my office and indicated that they divided any assets they had years ago, the kids are grown and they just want a divorce. We made the divorce papers for them, the plaintiff signed, we filed, received the docket number back about 2 weeks later and the spouse signed waiving his 35 days and soon enough, they were divorced without even having to go to court. Yes, believe it or not, there are many divorces that are not ugly, that there is no bad blood and people just want to move on legally as they have moved on in their lives. For more information about uncontested divorces, click here.

So if you are ready to move forward with a divorce, annulment or other family law matter in the Jersey City area, contact my team on 201-706-7910 or email me directly on santoartusa@gmail.com today to discuss your case in confidence and to setup an appointment to fully explain what is going on and we will discuss how we can help you.

Until then, Happy New Year!

 

ARTUSA LAW FIRM, P.C. 35 Journal Square, Suite 531, Jersey City, NJ 07306

DIVORCE LAWYER IN HUDSON COUNTY-Negotiating in Divorce Law in Hudson County and Bergen County New Jersey

Martindale Award for Client Distinction 2015
HUDSON COUNTY DIVORCE ATTORNEY-ARTUSA LAW FIRM         201-706-7910

As a Hudson County Divorce Attorney, I know the following all to well–A divorce in New Jersey does not go to trial unless on of the parties in the divorce action seeks to do so. It only takes one person to ruin a settlement negotiation and force a trial. While this is fine, you must be prepared and must prepare your divorce case as if you will go to trial from the onset. My team at the Artusa Law Firm is ready to try your divorce case regardless of which issues are in contention ranging from: alimony, child custody, parenting time, child support, equitable distribution, domestic violence/restraining order defense, attorneys fees and even the cause of action (adultery, extreme cruelty etc).

From the time I meet with someone in my Jersey City office, I try to understand what that individual’s case goals are, what are their motivating factors, which issues are more critical than others, are they willing to resolve the case without going to trial, are they willing to fight all the way?  The more information I have, the more I can use the tools I have and use the training I received throughout my life. While a divorce is determined in a court room, it is lawyers job to help the Judge visualize how my client’s life is outside of court, how their children are outside of court and how a detrimental order or judgment will affect everyday, real life. A lawyer needs to have the Judge involved in the case and to prevent the Judge from thinking this is just another file with different names, same issues.

A humble wise man once told me, “Negotiate from a position of strength, not weakness.” His name is Curtis Dahl, one of my first mentors and dear friend, who is not an attorney but a business man, father, mentor, uncle, and friend. What does that quote mean to a divorce attorney in Jersey City? Everything. You must be fully prepared to go all the way when negotiating in a family law, divorce law, or criminal law situation.

When Curt told me about negotiating in strength, I was 23 years old, and I had no idea what he was talking about but as time went on, I understood and I apply it daily in my family law litigation practice.

NEW JERSEY DIVORCE LAWYERS
NEW JERSEY DIVORCE LAWYERS

Why would someone negotiate with you if they know you are not prepared or are operating from weakness? They will, but they wont give an inch (if they know what they are doing of course). Preparation is key to excellent representation in any law practice but especially in family law where important matters of parenting time, divorce, child custody and beyond are decided and hard to reverse. By preparing, you are building and strengthening your case, enabling you to negotiate from a position of strength, not weakness.  The great Benjamin Franklin said it best, “Failing to prepare is preparing to fail.” At the Artusa Law Firm we believe that preparing for a case is critical and is one of the reasons why people call us from all over the United States to represent them in their family law cases. For more information about me, visit : Hudson County Jersey City Divorce Lawyer.

If you have a family law issue or divorce in Jersey City, Hudson County or beyond, contact us today on 201-706-7910.

Child Custody, Child Support Family Law Attorney in Jersey City, Hudson County, New Jersey

New Jersey Child Custody Lawyers

New Jersey Child Custody Lawyer-Never Give Up!

Child Custody- the decision as to where a child should live and whether which legal custody (sole vs. joint custody) are very important cases and are heard almost daily throughout the family courts of New Jersey. The above picture of Sir Winston Churchill hangs on the wall of the Artusa Law Firm and is the principle of the firm, to never, never give up! Especially in family law when all seems lost and all seems to be going against you, attorneys that won’t give up is a critical aspect of your case. Child Custody and parenting time are arguably the most critical and important aspects of the law. While a $20 billion merger is critical in the business world, A billionaire without being able to see his son is a poor man. A woman who cannot see her child without supervision is a travesty. Jersey City Divorce Lawyer Santo Artusa knows this situations all to well.

The Artusa Law Firm team is skilled in the critical aspects of family law and how to represent their clients effectively before the Judges of Hudson County, Bergen County, Essex County and beyond. Today, another snow day in February 2014, a wicked winter in New Jersey, we dedicate this day to Sir Winston Churchill on his persistence and his guidance for all of our staff and attorneys at the Artusa Law Firm, the go to law firm for family law matters in Jersey City, Hoboken, Bayonne, Hudson County, New Jersey.

If you have a family law case and feel that your family issues are incredibly important, contact the attorneys who feel family law is the most important aspect of the courts today, contact the Artusa Law Firm on 201-706-7910.

The divorce process in Hudson County, New Jersey

The following information concerns the divorce process in Hudson County, New Jersey, one of the busiest courts in the State of New Jersey.

Step One- The creation of the divorce papers. The person filing the divorce is the Plaintiff and shall remain the Plaintiff for as long as the case goes on. The Judge takes no interest in who filed for divorce first, so if you are second and are considered the Defendant, don’t panic.

Step Two- The filing of the divorce. Once the divorce papers are signed and notarized, the papers are filed on the first floor of 595 Newark Avenue, Jersey City, NJ. The filing fee is $250 or $275 depending on if children/custody is at issue.

Step Three- The docket number and serving your spouse. This can be easy or stressful, depending on if you still reside together or not. If its unexpected, I would imagine, it is stressful, if it has been discussed and planned, then less stressful. You can have your spouse served or your spouse can sign an acknowledgement of service.

Step Four- 35 days. After service, your spouse has 35 days to respond to the divorce or he or she CAN WAIVE his or her right to answer if he signs an acknowledgment of service and waiver of answer.

Step Five- If he or she has signed, move for default. If he or she contests, check my blog on contested issues.

Step Six- Prepare the divorce judgment and go to court, YOU are DIVORCED. If you hire an attorney, a court date could be waived in Hudson County.

If you have a divorce case in Hudson County, contact the team at the Artusa Law Firm today on 201-706-7910.