4 NJ DIVORCE MYTHS DESTROYED BY NEW JERSEY DIVORCE ATTORNEY SANTO ARTUSA JR

Jersey City divorce attorney and New Jersey Family Law Attorney Santo Artusa……This article is about common divorce misconceptions in New Jersey and how I will “destroy” them one by one with the help of Spock. Ok, first myth that we will destroy today: “My spouse will get half of everything I have” This is false. First, New Jersey divorce laws are based on equitable distribution not community property meaning that it is based on various equitable factors. Even if the court divided half of property you have, it is only the property/assets acquired during the marriage. So if you think your spouse will take money you had before the marriage too, no he or she will not. There are circumstances where money is commingled but that if for another time and another article.

#2 – The family courts favor women. Untrue. More and more women are lawyers and in turn Judges and believe it or not, many of these judges in family court are tougher on women then they are on men. I have seen it with my own eyes time and time again.

#3 Men can never have custody of their kids. Untrue. The tender years doctrine is no longer the law or the way courts consider custody. The age of children is part of the factors in custody determinations but mothers and fathers are equal in the State of New Jersey. Obviously if one parent has had the children for a long period of time, the other parent cannot simply expect to fly into their lives and just obtain custody and if they do not, they cannot blame it on whether they are male or female, mother or father.

#4 Men Cannot Receive Alimony-Untrue. Women, you have what you want! You have jobs and salaries just like men and guess what? If you earn more, you will have to pay alimony! Whether you are a man or woman, the breadwinner will pay alimony. If the parties agree to waive alimony then of course it does not have to be paid but alimony can and is paid to men everyday. New world!

Anyway friends, until next time, thank you for reading and contact me if you seek a divorce attorney in New Jersey. We can be reached on 973-337-9643.

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THE BEST WAY TO DIVORCE SOMEONE YOU STILL CARE FOR BUT HATE RIGHT NOW

From JERSEY CITY LAWYER: SANTO ARTUSA——–How to end a marriage when you know its over but you still care for your spouse or you may hate your spouse now but do not want harm to come to him or her. What is the best way to handle the situation? We can help in our Jersey City divorce law office today.

While we are Jersey City Divorce Lawyers, we are human and understand people as our practice is about people. You decided to file divorce papers in New Jersey, you are seeking New Jersey divorce lawyers and want to move on with your life. This is a big step. You may be thinking, “I can’t believe that son of a bitch cheated on me” or ” I cant believe he leaves the house for weeks and then just comes home” ” I can’t believe she spent my whole bonus on shoes!” or on and on. You may be very angry, you may be upset, you may want vengeance and you may also still care for this person that you have been married to for years, I would hope so. Marriage is a big deal to me, marriage and family is a big deal to me. I hope even if you are at the end of this journey, you can still reflect back to when you would do anything for this person or still care for this person because you have memories in common, children in common, etc. Maybe that is not the case for you but I hope it is because anger will only get you so far. To think clearly you want to be calm and work with a divorce attorney that can stay calm under pressure and guide you accordingly. These are the best divorce attorneys for you.

When you are seeking a divorce, you need to know if you are certain that you really want a divorce. Second, you need to know what you want. Some people just want a divorce or annulment, some people want money, some people want child support, alimony, etc. Every case is unique but either way, an experienced divorce lawyer can help you understand your rights and what you need to do to obtain them. We can help you navigate the divorce process to ease some of your tensions and concerns. We have been there before and we have ourselves fought in family court for our on cases, we know what it is like, trust us.

As one of the experienced divorce attorneys in Jersey City, New Jersey who practices statewide, I prefer to have cases where there is hope for civility. It is best to move on with your divorce in a positive manner if possible for your well being and your children as well if you have kids. There will be disagreements, without a doubt but an argument or arguments can flush the bad out and get us on the road to fruitful negotiations and reaching an agreement that neither party is thrilled with but both parties can live with, this is the surest sign of a good settlement.

If you are seeking a divorce and you want to have a divorce that will not totally destroy your post divorce life with your ex for various reasons, contact me and my team on 973-337-9643 today to discuss your family law situation. You will be glad you did.

WOW!! New Jersey Family Law Attorney: Did you Know? Divorce and Family Court Does Not Have to Be so Bad

Jersey City Lawyer Santo Artusa: You hear it all the time, divorce is so bad, going to family court is the worst, it is so painful, it is/was the worst experience of my life, the kids will be so upset, we will argue in front of strangers, the kids will have bad relationships in the future, the kids this or that, my parents will say this or that, i didn’t try hard enough, the list goes on and on. IT DOES NOT HAVE TO BE. When I did the Buddha’s divorce, he was smiling the whole time and when we were done, he smiled even more while we ate a great meal together in downtown Jersey City, it was awesome! (Yes I am a dreamer). As a lawyer in Jersey City that handles a variety of legal work, youi have to stay positive and remain focused on your client’s goals.

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While we know divorce was not one of our lifetime goals, it does not mean you failed or that it is the end. It is the end of the marriage but could be a new beginning for you and your family. What is very important to remember if you have children together is that you both have one thing in common: your unconditional love for your children. The children should not be used in divorce litigation to hurt the other party because in the end, the kids will get hurt. Another important thing to keep in mind is: do not go too far in your divorce case or the pain cause by trying to hurt your spouse may never go away and that will forever damage the need to co-parent. Don’t do it. Think of the kids first. As a lawyer I have found that it is never too late to change or fix a situation before it gets worse.

No for those who think they should just stay in a marriage for the kids,  Do you honestly think the kids do not know how miserable you are? Does your family not notice this? And shame on them if they do and did nothing about it, did not speak to you about it. This is not the 1950s where people were essentially forced to stay married or were shunned. While I do not agree with just giving up on a marriage, there does come a point where there is no return and if you do not save yourself, the whole ship will go down in flames. If you go down too far and can’t work, or can’t handle taking care of the kids, everybody loses so you must know when it is time to call it quits and get yourself back on track for everybody’s future.

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Think about this too. Your whole life, you were told to do this or that, go to school, go to work, have a family, etc. During that time, you may have lost yourself in that there is no time for you and yes, many times you do need some time for yourself. Once you are divorced, you will have time for your interests and the other times when you do have the kids, you may be more energized than you ever were when you were married and under the “house rules.” The fact is you can have your cake and eat it too. You can be a provider/caretaker of the kids and still have a life and the kids will see you are happy! Our children can read us better than a scholar at Oxford reading a poem. Kids know what is going on ask a divorce Judge, lawyer, therapist, friend, etc.

While some aspects of a divorce can be hard for sure, you can get through it. You can handle it. You can find a way to improve your life and with that, your children and your family’s life will improve too. Who wants to be around someone that is always upset? irritable? angry? Nobody. Divorce can be a door to your new life where you focus on the aspects of your life that you need to improve or just a new point in your life that will focus on you, not your family’s expectations or anyone else for that matter, finally you.

New Jersey Divorce Lawyer Santo Artusa
New Jersey Divorce Lawyer Santo Artusa Martindale Award for Client Distinction 2015

As you may see, I am an attorney in Jersey City and I also practice other key areas of law in Jersey City and the surrounding areas. When people come into my office, I am not selling them or trying to convince them to get a divorce, in fact, it is the opposite, I make sure they know this is what they want, I ask why they want it, what are the issues in the case that I can help them achieve and we go from there. As I said, if you can save your marriage you should try as hard as you can but if that levy has broken, it is time to start the cleanup and rebuild a stronger and happier you. Until next time, think positive and be safe. If you are interested in speaking with me about your case or a potential case in my Jersey City office, call 973-337-9643 today. If you would like to learn more about all of the legal services our Jersey City lawyers’ offer visit: Artusa Law Firm-Jersey City Lawyers.

5 Things to Know When Serving a Spouse in India and Elsewhere for a New Jersey Divorce

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Santo Artusa, Esq.,  is a Jersey City divorce lawyer that represents Indian clients in family law, divorce, criminal law and business litigation in Jersey City, New Jersey. We have the knowledge and experience in handling cases in the United States that involve marriages that began in other countries and how to resolve them in New Jersey so that these marital issues do not haunt you in your native land. For instance certain causes of action in New Jersey do match those in India and will be honored in India, while other causes of action will not.

We are experienced in handling divorces where the spouse is living outside of the United States and we can help you if you have a case like this. Our clients are happy that our team is able to understand the Indian culture while explaining the American laws and the American culture concerning divorce. We also explain and outline how the local court system works despite possibly litigating or making agreements in two different countries with help from friends and family here and in India.Our Jersey City team fully understands that divorce is not common in the Indian community and that a divorce with Indian clients may need a special focus and attention to detail as it is very sensitive in nature. Some of our clients like the fact that we are not part of the Indian community and that all communications are strictly confidential. We serve clients throughout New Jersey including but not limited to: Jersey City, Elizabeth, Fort Lee, Passaic, Edgewater, Weehawken, Hoboken, Woodbridge, Iselin, Metuchen, Edison and beyond.  Contact us on 973-337-9643.

If you would like our team to contact you during business hours, you can fill out the form below and we will.

Our office is located in Journal Square (The Capital One Building). This article is about filing for divorce and serving a spouse that lives in India or Elsewhere in the world. Depending on the relief you seek will depend how someone needs to be served in another country. We can also obtain a divorce decree in New Jersey for you if you cannot locate your spouse.

The United States Constitution requires that any one that seeks relief from an American court be given the opportunity to be heard and that due process be honored and followed. In short, when relief is sought, whether for a divorce or any other action, the opposing party be notified and be given the opportunity to present their case.  As I represent many people who seek divorces in the Jersey City and Hoboken area of New Jersey, some cases that can be difficult depending on what a litigant seeks in a divorce are divorces where the spouse is in another county and many are in India. If you seek your divorce or court order to be valid in India, you need to follow the Hague Convention rules unfortunately.

If you seek a New Jersey Court or other American court to grant you a divorce, you must follow local procedure which is to serve someone by way of personal service. Upon a showing of personal service and that the party has not responded in 35 days, you can seek a default judgment against your spouse. Again, while the judgment is valid in this state, it may  not be valid in another country. If you seek it to be valid in another country, you should consult with an attorney in that locale and follow the rules of that country and any rules of a treaty. The Artusa Law Firm has been successful in obtaining divorce judgments while spouses reside outside of the United States including but not limited to India, Brazil, Japan, Korea, Pakistan, England, Morocco, Mexico and beyond. Whether you seek to have it ex-parte or by following the rules of the Hague convention, we can help you obtain a divorce in New Jersey.

To file for divorce in New Jersey, you or your spouse must have lived here for a period of 12 months or more prior to the date of filing. If you seek to file under irreconcilable differences, you need to have suffered from theses differences for a period of six (6) months or more prior to the time of filing.  While you can obtain a divorce as explained above, you cannot obtain a judgment concerning child custody unless the children are subject to the jurisdiction of this state.

If you cannot locate your spouse, you must conduct a diligent search and upon completion, you must file a motion in New Jersey Family Court proving you cannot locate your spouse. If the family court Judge agrees that you cannot find your spouse and that the diligent search has been completed, you will be able to place a legal notice in the newspaper and after 35 days you can seek to enter default and move for a final judgement of divorce.

If you have a family law action (child custody, child support, relocation, parenting time, etc) or divorce case in the State of New Jersey and seek legal representation, contact the Artusa Law Firm on 201-706-7910 for an in person, confidential appointment. We will explain the procedure and which options are best for your case. Our office is located in Jersey City, New Jersey and we practice in every court in the state including but not limited to the counties of: Hudson, Middlesex, Bergen, Essex, Union, Morris and beyond. For information about all of the legal services we offer in New Jersey, visit-Artusa law Firm of Jersey City.

 

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A Quick Way To Determine if Your Divorce is Contested or Uncontested in New Jersey

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When asking divorce lawyers whether your case is considered contested or uncontested in New Jersey this is what you need to know:

People frequently come into our office and claim their divorce will be easy or that their case is very complicated and both may be true. We take the time to discuss the legal situation with you so we know what are the toughest issues to address in the case, which issues are most important to you and setting realistic expectations. If we believe that the potential client is realistic in their case goals, we will discuss our retainer and hourly rates. The most common case is a case where both parties want the divorce but there are major issues to resolve such as child custody, property division, alimony, child support and so forth. Knowing that you and your spouse want to get divorced is the easy part, it is often the other issues that make a case contested.

The only time a case is uncontested is when ALL issues are agreed to and the parties want that agreement either in writing or are waiving any interest in assets or there may be no assets to divide. We then process the legal paperwork, make the agreement, and upon execution, we submit the case to one of the Hudson or Essex County Judges for a signature and official court seal. In Hudson County, court appearances may be waived if the correct paperwork is submitted. Information concerning uncontested and no-fault divorces are here.

Visit our frequently asked questions concerning divorce cases here.Regardless if your case is contested or uncontested, we know how to handle the situation. Contact the divorce lawyers at the Artusa Law Firm of Jersey City today on  201-706-7910.

Divorce in Jersey City, NJ Hudson County

New Jersey Divorce Attorney Santo Artusa Jr

The New Jersey Superior Court, Chancery Division-Family Part, Hudson Vicinage is located at 595 Newark Avenue, Jersey City, NJ. “595” is where all family law issues are heard before the various judges that focus on family law matters that pertain to Hudson County residents who seek to file new motions, divorce cases, domestic violence/restraining orders, child custody, and/ or former Hudson County residents that seek to modify an old court order. Jersey City Attorney Santo Artusa focuses his practice primarily on family law matters in New Jersey. Mr. Artusa’s team is well versed in family law matters appearing before Judges Daniel D’Alessandro, Judge Maureen Mantineo, Judge Anthony D’Elia, Judge Mirtha Ospina, Judge Espinales, Judge Vito Scianclepore, arguing on behalf of their clients who seek: divorces, annulments, child custody, modifications of court orders, alimony, child support, domestic violence restraining orders, and beyond. If you have a case based in Hudson County and seek representation from attorneys that know and understand how to approach family law issues, contact the Artusa Law Firm today on 973-337-9643 to discuss your case confidentially.

DOMESTIC VIOLENCE OR MARITAL ARGUMENT?

New Jersey Domestic Violence Lawyer Santo Artusa and his team have extensive experience in temporary and final restraining order matters in the New Jersey family courts and the New Jersey domestic violence charges in criminal actions that are sometimes filed along with them in New Jersey Superior Court or the Municipal Courts of New Jersey. If you have a restraining order in New Jersey, contact us immediately. Temporary Restraining Orders (TRO) are filed everyday in New Jersey, some with merit, some without. Even violating a temporary restraining order can lead to a violation of a restraining order and criminal charge. The Artusa Law Firm of Jersey City, New Jersey represents people in domestic violence/restraining order cases in New Jersey including but not limited to Passaic County, Bergen County , Middlesex County, Somerset County, Union County, Hudson County, and Essex County.


Union County Domestic Violence and Restraining Order Lawyer
New Jersey Domestic Violence Lawyer

A TRO is granted in an ex-parte fashion where the person seeking the restraining order is not cross-examined and the defendant is not there. This can take place at the police station or at the courthouse. Once the defendant has been served with the temporary restraining order, the court will issue a date for the final hearing to be heard. It is important to contact an attorney a final restraining order can have many implications on your life if granted, working with an attorney who knows when to object to certain testimony and evidence will help your case. Furthermore, working with an attorney that helps the court focus on what is alleged in the actual complaint can be critical. The appellate division has reversed cases where a final restraining order was given where the allegations at the hearing were not included in the complaint violating the defendant’s due process. Our Jersey City defense team at the Artusa Law Firm is skilled in domestic violence defense and prosecution in the New Jersey Family Courts, contact us today for a consultation statewide on 201-706-7910 as we represent individuals in every court in New Jersey. We represent individuals who face temporary and final restraining orders and people who are accused of violating a final restraining order in New Jersey Superior Court. For information about the factors that go into the decision as to whether a final restraining order is needed or not in a New Jersey Court, visit our page on: New Jersey Domestic Violence Attorney and Factors.

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Divorce and Domestic Violence lawyer in New Jersey

DOMESTIC VIOLENCE OR MARITAL DISCORD/MARITAL ARGUMENT?In New Jersey: Another key aspect of a case is trying to prove that the incident or alleged incident was merely a marital argument which every couple can have and not domestic violence or show that the parties have not engaged in a pattern of domestic violence through the course of the relationship. Some litigants bring cases where there spouse calls them names such as, “Bitch” ” Cunt”  “Dirtbag” etc. These words may be inappropriate but these words are on basic television everyday! and unless there is a pattern or rises to another level, we believe it can be defended because it does not rise to the level of domestic violence or for the need of a final restraining order. The essential purpose for an FRO was to prevent immediate harm to person or property, most case today do not fall into that category.

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New Jersey Restraining Order Lawyers

WHAT LED TO THE ARGUMENT?

Furthermore, what led to the argument or incident? Your defense lawyer should be able to solicit these facts from the victim who may seek to try and hide this information from the court to try and portray him or herself as a true victim. Sometimes when people break up or are about to divorce, their emotions take a toll and they say or do things they regret. It is important to show the human side of every client. If you walked in our your spouse or significant other with another person or communicating with someone outside of the relationship, don’t you think its important for the Judge to know what is going on? We do. The thin line of love and hate is no more apparent than in divorce and domestic violence cases. Some things are inexcusable but sometimes they are justified if both parties are arguing back and forth, calling each other names and so forth (or self-defense). Contact us today on 973-337-9643

WHAT OTHER FACTORS ARE CONSIDERED FOR A FINAL RESTRAINING ORDER IN NEW JERSEY?

Lastly, even if the court finds that someone did in fact commit an act of domestic violence, the court must still go through the factors in the case of Silver v. Silver to determine if in fact an FRO is truly needed. Again, the past history between the parties is very important, the current relationship (are they married, do they have kids, are they still connected in some way) are factors that will be used by the court. If you have a temporary restraining order, it is very important to contact an attorney right away because the final hearing is scheduled within 10 days of service or within 10 days of the complaint and you must be ready to defend against it.

CHOOSING THE BEST NEW JERSEY RESTRAINING ORDER LAWYER FOR YOUR CASE

If you have a restraining order case in Hudson, Essex or Bergen County, contact my team at the Artusa Law Firm today on 973-337-9643 for an appointment or phone consultation. We have successfully appeared before Judge Mark Baber, Judge James Paganelli, Judge Criag Harris, Judge Siegal, Judge Mantineo, Judge Ali and other judges who hear domestic violence cases and their criminal components if necessary. For information about all of the legal services we offer visit: Artusa Law Firm of New Jersey. If you would rather email us, fill out our contact form below:

 

For information about where domestic violence restraining orders are heard in New Jersey and where the Artusa Law Firm practices, visit our custom map below:

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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 973-337-9643 today.

5 WAYS TO ACHIEVE THE SEAMLESS DIVORCE IN NEW JERSEY NJ

From Jersey City Divorce and Family Law Attorney Santo Artusa——-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!

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