Jersey City Divorce and Family Law Attorney Santo Artusa of the Artusa Law Firm is offering a new premium service for those seeking to be divorced in 60 days or less and without having to go to court. Certain conditions apply but if the conditions are met, you will be divorced faster than any of your friends. With our new systems, technology and staff, we have made it able to obtain a divorce in Hudson County Family Court in 60 days or less if your spouse will sign the divorce papers and the steps of the process are followed. We are so confident that if we cannot get you divorced in 60 days or less, we will refund $1000 to your account! That will be in writing and in the retainer agreement with the terms between you and the Artusa Law Firm. We are able to file your divorce the same day you come in if you pay the agreed upon fee for this premium service and we will literally have people in the court pushing this case along every step of the way.

About Us:

The Artusa Law Firm was founded by New Jersey Divorce Attorney Santo Artusa who started the law firm the very day he was sworn in as an attorney at the New Jersey Supreme Court. The firm focuses on all family law needs for individuals who have cases in the State of New Jersey whether in Hudson County, Essex, Bergen, Union, Middlesex or beyond, we can handle it and represent you professionally all the way through. To schedule an appointment with the Artusa Law Firm team contact us at our Jersey City location on 973-337-9643 to determine if you qualify for the 60 day divorce or if your case requires more time than that because of certain issues. We look forward to hearing from you.  If you seek us to contact you, please fill out our form below:

Jersey City Car Accident Lawyer

Do you want custody of your kids? What to do about the new Significant Other being Around your Kids

Custody can always be changed, it is just a matter of when it is warranted. An example of where and when it was warranted.

I had a recent case where a married couple lived in the same 2 family house, mom downstairs, dad upstairs. At the time, the mom had custody of the children with the kids staying with dad about half the time whether by way of overnights or having dinner with dad after school. Mom began dating a man known to be a drug dealer and convicted felon who started sleeping over the house more and more. Dad would smell the intense odor from their marijuana use and the children corroborated seeing a green substance and “weird looking pipes.” We went to court for an immediate hearing by way of order to show cause in the Essex County Family Court where the Judge ruled that the boyfriend could not be in the home at all. After a few weeks, the boyfriend reappeared and the same problems began to present themselves placing the children at risk. Again, we went back to court for an emergency hearing where the Judge gave dad full residential custody and had mom tested for drugs which came out positive for marijuana.
It is often difficult for a single parent or a divorced parent to know that a new man or woman is around his or her kids but life goes on. Old cases in New Jersey made it harder for the paramour/new love interest to be around but a recent case heard by Judge Lawrence Jones focused on the new reality of divorce rates, single parenting and so forth. Judge Jones called for fewer restrictions on contact between the child and the new person in mom or dad’s life, which does make sense. In his August 3, 2015 decision, Judge Jones indicated that an indefinite ban on contact is unenforceable absent any evidence of inappropriate conduct. He then went on to say that contact should be increased gradually and that is tailored to the child’s needs. Common sense finally prevails. While we do not want a single mother or father introducing their children to every love interest they ever meet, the time should come when the children meet the man or woman when the time is right and after determining that the man or woman is worthy of meeting your kids.
Whether you are dealing with a situation trying to prevent contact or to encourage it, contact my team at the Artusa Law Firm today on 201-706-7910 to discuss your case in detail.

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!

The Current State of Alimony in New Jersey, Gnall v. Gnall

In 2014, a long awaited, revised and revised again the amendment to N.J.S.A. 2A:34-23(b) which essentially made permanent alimony much harder to get (or open durational alimony) unless a marriage is 20 years or longer, absent “exceptional circumstances.” In the recent Union County case of Gnall v. Gnall, the parties were married approximately 15 years. Prior to the amendment, a 15 year marriage would very well lead to permanent alimony in many cases. The trial court found that 11 years of alimony was appropriate in the case because the marriage was not long enough. The wife appealed, and the court of appeals held that a 15 year marriage is not short term and permanent alimony was required. But the fight was not over there, the New Jersey Supreme Court reversed the appellate division writing that there is no bright line rule as to open durational/permanent alimony and that ALL the factors outlined in the statute must be considered. The length of the marriage is only one of the factors considered in spousal support/alimony cases in New Jersey. The Supreme Court held that the 20 year or any other amount of years is not a clear line for determining the length of support. So for those of you who were running to the courthouse to file for divorce before your 20th anniversary, do not count on the length of marriage alone! Other key factors include:

  1. The earning capacities, educational levels, vocational skills and employability of the parties.
  2. Parental Responsibilities of the parties.
  3. History of financial and non-financial contributions of each party. A high earner cannot usually earn an sizable income if “the house is not in order.” A stay at home spouse or part-time working spouse can be critical to the success to the family unit as a whole.
  4. The tax ramifications of the alimony award.
  5. The equitable distribution of the marital property.
  6. The length of absence from the job market and the custodial parent’s responsibilities.

These are just some of the factors but the bottom line is that there isn’t a clear line as to who qualifies to open durational alimony in the State of New Jersey. If you have a case or are seeking to file, contact my team on 201-706-7910 today for a confidential professional consultation.

Uncontested Divorce Lawyer in New Jersey

Uncontested Divorce-Sample Case I

Divorce with no property to divide and no children- 

Cause of Action (Reason Used for the Divorce)-Irreconcilable Differences or Separation of 18 months or more.

Jurisdictional Requirements– One party must be living in the State of New Jersey for at least one year.

Is a Signature Needed from Spouse?– No, but having your spouse sign will make the case go faster, at least 40 days faster. If your spouse does not sign, he must be served by a process server, sheriff or someone not involved in the litigation, mailing it is not an option initially (unless he or she signs that he received the divorce paperwork through an acknowledgement of service).

Do I have to appear in Court? –Depending on the county, you may not need to go to court. Hudson and Middlesex are two of the counties that do not require an appearance in court if ALL the correct paperwork is submitted.

We agree on the divorce but I want alimony, is that possible? Yes it is possible but unless your spouse agrees to the amount and the term of alimony payments, it is no uncontested.

Sample 2- Divorce with children but no assets to divide

Same as above except if there are children involved, the child support guidelines must be run and/or the amount of child support must be indicated in the agreement. You can choose to have the child support paid to the custodial parent directly, through the court system (county probation) or through probation and by way of wage garnishment.

Sample 3- Divorce with children and assets but parties agree to all terms.

If the parties have children and assets and agree to their own terms, it is an uncontested divorce. As long as the agreement is legal, the Judge will not pass judgment on the agreement itself. The parties may also use an attorney to mediate certain issues or your attorney can negotiate with your spouse or with his or her attorney depending on the situation.

How long does this kind of case take?  It can take 6 weeks to up to 1 year in extreme cases depending on if your spouse can be located and the court’s calendar.

In the end, while a divorce is never easy, you can limit the stress of your case if both parties are willing to negotiate in good faith and move on.