5 WAYS TO ACHIEVE THE SEAMLESS DIVORCE IN NEW JERSEY NJ

Einstein taught me how to achieve the seamless/no fault/uncontested divorce in New Jersey Family-Divorce Courts. And as you would suspect, genius lives in simplicity. As a Hudson County divorce lawyer representing people from Jersey City, North Bergen, Bayonne, Union City, Hoboken, Newark, Kearny, North Arlington, Elizabeth, Union, New Brunswick, Somerset and beyond, I know which courts offer the easiest divorces and which courts are slower and have more archaic methods. For instance did you know that certain New Jersey Family Courts do not require an appearance in court if you know what you are doing? Hudson and Somerset are just two counties that permit divorce on the papers (aka a divorce without going to court). We handle hundreds of these divorce cases each year, especially in Hudson County, New Jersey. Our satisfied clients have sent us countless referrals because of our work and knowledge of the Hudson County divorce courts and judges.

The first step in a divorce is really telling your spouse that you are going to file (this is much easier in cases where both parties already want this, the parties no longer live together as husband and wife, spouse and spouse). By doing this, there is no surprise which could lead to a major civil paper-divorce assault for no reason, so it is best to deal with it with kid’s gloves if it is an amicable divorce and mutual decision.

The second step would be either getting the terms of the divorce agreement down in writing or filing for the divorce in the New Jersey Superior Court-Family Part (Each County has one). One you file for the divorce, you will get a docket or case number. Your spouse will then need to sign for that or sign that he or she agrees to the terms listed in the divorce complaint or you have a marital/property settlement agreement.

The third step would be to file that paper which must be signed and notarized (acknowledgment of service) with the court. After that is done, you can file for a default and submit the next series of documents and the actual proposed final divorce judgment. Again, if you do it right in certain counties, you will never have to go to court and appear in a family law courtroom. My team and I know how to obtain that divorce or annulment for you in a seamless and limited stress fashion (we cannot control everything but we strive to make this as easy as possible for you and your spouse).

If you face a family law issue, domestic abuse, restraining orders, child custody, divorce, annulments or any other family law issue in Hudson County, New Jersey or beyond, contact my team on 201-706-7910 to discuss your situation further. Until then, thank you and Have a safe 4th of July! God Bless America!

Screen Shot 2017-06-24 at 2.57.12 PM

NJ-Child Support Lawyer

HUDSON COUNTY DIVORCE LAWYER: 5 REASONS YOU SHOULD HAVE A PARENTING SCHEDULE THROUGH THE FAMILY COURT

One of the biggest issues in family court-divorce court in New Jersey is: parenting time and child custody. As a family law attorney in Jersey City-Hudson County, I have represented 100s if not 1000s of people in family law-parenting time concerns in the Hudson County Family Court which is located at 595 Newark Avenue, Jersey City, NJ. This article is intended to provide common sense tips in child custody/parenting time cases in New Jersey. I use my experience as an attorney and my life experience as a father to offer these tips from a different vantage point. Some points may be overstated or repeated in various articles I have written but it is because these tips are the same tips that work and help people over and over again. Each case is different but if the parents truly care for their children, which is always my hope, we can come to a parenting schedule that promotes parenting time for both parents. This is key for the well-being of the children. However, in cases were one parent is “toxic” or is trying to ruin the relationship between one parent and child, a stricter schedule and therapy may be needed, we can help you. Below are just five reasons why you should have a set parenting schedule:

  1. You and the children will benefit from a structured schedule. They will know where to be, what to expect, look forward to that time and so on. Less confusion, less problems.
  2. The set schedule will become a routine and the children will begin to have routines at the alternate residence to do homework, school projects, activities, etc.
  3. It gives you a set time for yourself which is needed between work, caring for the kids and all other things that you may need a rest from.
  4. The more detailed the plan, the lesser chance you will have fights and return to court. Make it as black and white as possible.
  5. With a set schedule, it gives your ex less of a chance to try to control you through the children and will limit unnecessary communication.

When the relationship is tense, in a divorce, leads to arguments, it is best to just have the rules set in a parenting schedule so a limit on needless communication is in effect and will only help you. If you have a family law case, domestic abuse/restraining order case, divorce in Hudson County, I suggest you give my office a call to discuss these matters further. We can be reached in our Jersey City office on: 201-706-7910.

Domestic Violence Attorney

NEW JERSEY DIVORCE-MY SPOUSE DOES NOT WORK! HOW MUCH ALIMONY MUST I PAY?

View from a divorce lawyer in New Jersey concerning what some men and women call the freedom tax-ALIMONY—-You may get mad, you may be angry after you read this or you may be slightly relieved as to how much alimony you must pay to your spouse in New Jersey or if you are the dependent spouse, how much you can obtain in a New Jersey divorce court. As it depends on a case by case basis and alimony is not automatic in any divorce in New Jersey, as a Jersey City divorce lawyer that handles both contested and amicable divorces, I will explain the key factors in determining how much if any alimony you may have to pay because of the divorce.

First, lets assume your case is a case that can be deemed an alimony case. A case where there is a significant income gap between the spouses and that the marriage is more than 2 years (2 years is not the starting point by law, alimony can be awarded in shorter marriages and in some cases will not be awarded in marriages lasting only two years).

Ok, so you have an alimony case. For example you earn $150,000 per year and your spouse does not work. Your spouse has not worked the entire marriage. However, prior to your marriage, your spouse earned $75,000 per year or even if your spouse did not work and has the ability to work a certain job because he or she has a Masters Degree from Rutgers University (My Law School Alma Mater). What we would do then is seek employment statistics and/or use the United States Census data for the Northeast region to come up with a reasonable imputed income to use for the alimony and/or child support calculations because the court will not use zero for your spouse’s income especially if the marriage is less than 20 years. So, let us stay with $75,000. Again, while there is no absolute calculation, the court will try to see how the parties lived (to come up with or understand the economic lifestyle led). This is essentially the household budget, entertainment, a savings component, etc. Due to this, the alimony number can range dramatically but lets use what many call the “rule of thumb 1/3 rule.” This essentially means if you subtract your spouses 75k from your 150k, leaving 75,000 which you multiply by 33% and that will give you a round about number as to how much alimony may be. Again, alimony is not automatic, there are ways around alimony if you have assets but if you do not want to give more assets away and there is a sizable income gap, it could be an alimony case in reality. Now, alimony is a tax deduction for the payor and the more alimony you pay, the less child support you will pay which is a straight calculation (New Jersey Child Support Guidelines).

If you are facing a divorce or want to file for divorce in Hudson County, Essex County, Union County or beyond, my team and I at the Artusa Law Firm of Jersey City can help guide you every step of the way. Contact us on 201-706-7910 to discuss your case.

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.

DEALING WITH ANGRY WOMAN SYNDROME IN A DIVORCE/CUSTODY CASE

Father’s Rights and Mother’s Rights Today

No matter what you do, no matter what you say, when you are dealing with a woman in the angry woman syndrome, it is not good enough and the angry woman will look to make problems for you whenever she can. This is amplified in the angry woman’s playground, divorce and family court. At her playground she will try to limit a father’s time with his kids or trying to control how he can see his kids as if men do not matter in the parenting equation. Well the angry woman is wrong. It will not happen on my watch. Just like the jealous man, who hits a woman, its about control and they do not know where to place their rage. Either way, I do not care where this rage comes from, I do not care what their parents did to them, I only care about the kids involved NOW. When I am hired in a family law case, I take the case to find an outcome that will help the child, NOW. Not the angry woman, not the angry/jealous man who was dumped but for the sake of the kids, grow up, lets work this out with a very specific long term plan that is so specific that there leaves no room for error, zero room. Leaving zero room for error leave no room for argument and disagreements. Arguments will only fuel the anger and the idiocy. Judges and family law attorneys do not have time to listen to the whole history of the relationship, etc. We are there to advocate for our clients and in my eyes, work out as many issues as possible with as many options available to give the children the best childhood they have knowing both parents love them and both parents will try to show each other respect in front of them. Difficult task but yes, it can be done, it has been done and I am living proof of working things out. I am a family law attorney and one of the leading divorce lawyers in Jersey City but I am also a father and someone that was in family court before becoming a lawyer. I know what it is like.

For whatever reason, the angry woman’s anger keeps coming and more exaggerations are presented to you and to a Judge. You struggle with it because you cannot understand why someone is so angry or why someone can remain so angry for so long, or how someone can just fabricate reality. In short, do not try to understand crazy because it will make you crazy. While you are going through heartache because your child is being used as a pawn, or you are getting arrested under fake charges, or the custodial parent does not follow a poorly written court order, there is hope and we can help you. First, like Michelle Obama says, they go low, we stay high. Yes, do not go down to the angry woman’s or madman’s level, stay focused, stay positive, think of the long term, we will get there. When she brings you down, you will pay, trust me you will pay a heavy price for falling for the trap. Stay on course and we will help you obtain a detailed agreement or detailed court order that has bite so that if someone does not abide by it, there will be consequences. If there are no consequences then Ms. Anger will keep wasting your time in court, wasting your time setting up parenting time which she cancels when you arrive, trust me I have seen it all. If you are ready to work with an attorney that knows about family law, really knows about it and not just from the books, contact me today on 201-706-7910 to make an appointment in my Jersey City location.

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!