Updates from the courts: As a divorce lawyer in New Jersey, I know divorce can come at any stage in your life. Newlyweds not meant for each other, failed arranged marriages, mid-life crisis cases and now even the empty nest divorce exists and the divorce rates in that former sacred zone are rising fast. With some of these divorces (the newlywed/arranged marriages) comes immigration issues and concerns, we can help you with both and I will offer some facts/tips about obtaining a divorce within your first two years of marriage in the United States. My name is Santo Artusa and I am the lead divorce/family law attorney at the Artusa Law Firm of Jersey City.
People often ask, what happens to me or my wife if we divorce before the two year point with regard to immigration status and staying in America. Do you have a divorce case and want to stay in the United States and have a conditional status, etc? Below are the requirements/what the immigration authorities look for if you are married less than 2 years.
1. The marriage was entered into in good faith and that the marriage was not terminated by any fault of the immigrant. (living together as man and wife, having children together are all signs of a good faith marriage).
2. The immigrant would face extreme hardship if forced to leave/deported.
3. The immigrant suffered domestic abuse/violence/cruelty by the U.S. spouse. (VAWA-violence against womens act).
So while the marriage may not have worked, many people do not want their ex-spouse to be out of the country because of children together, etc. There are cases where the American spouse wants the person out because it was not a good faith marriage. I have seen various cases where people want the people to stay and others to go. Either way, many times the truth will come out if it was a real marriage or not. Sometimes people are just not meant to be together and a marriage can end within the first two years and it was a real-good faith marriage.
If you have a divorce and/or immigration case in Jersey City-Hudson County New Jersey contact my team in our Jersey City office on 201-706-7910 for an appointment to see if we can help you today.
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.
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.
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.
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 201-706-7910
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 201-706-7910 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:
For directions and information about the Hudson County Superior Court, see below
New Jersey Divorce Lawyer Santo Artusa Martindale Award for Client Distinction 2015
Jersey City Divorce Lawyer Santo Artusa
Santo V. Artusa, Jr., Esq. New Jersey Divorce Lawyer
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.
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.