3 Ways To Keep Emotions From Derailing Child Custody Negotiations

child custody questionsEmotional reactivity on the part of parents is the number one reason child custody negotiations fail. When your brain is hijacked by anger and grief, it’s hard to listen to your ex and consider that they may have a valid point of view. Are your emotions fueling your custody battle? Here are three things you can do to keep your emotions in check so you can focus on what’s truly important: the best interests of your children. Continue reading

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LGBT Divorce, Marriage & Family Law Information

Are you in a same sex couple and getting married or divorced? Separating after being in a civil union or domestic partnership? Want to understand what happens about property division, alimony or child custody matters? Then you must check out our latest presentation on LGBT divorce and family law: Continue reading

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How To End A Civil Union in New Jersey

ending a civil union Almost a decade ago in October of 2006, the New Jersey Supreme Court ruled in the case Lewis v. Harris that banning same-sex couples from the rights and benefits of marriage violated the constitutional promise of equality. The Court gave the New Jersey Legislature a deadline of 180 days to correct the violation, which prompted the legislature to create the separate status of civil unions. Under New Jersey’s new law, a civil union was legally recognized union of two individuals of the same sex.

Today, of course, same-sex marriage is the law of the land in the US, but many couples are still in these civil unions . And, like any couple who experiences differences in their relationship and is choosing to end it, couples who are in civil unions need advice on how to dissolve their civil unions. Continue reading

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Child Custody Battle Breakthroughs: 4 Strategies That Really Work!

breaking through custody battlesCaught up in fighting with your soon-to-be former spouse — or in an all out war — over child custody? Get ready to put your custody battles behind you with these four steps for lowering conflict. Continue reading

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Child Custody Evaluation: Expert Q&A With Dr. Edwin Rosenberg

Going through a child custody evaluation and want to know more about the process? In a recent episode of Family Law: Jersey Style, Bari Weinberger sat down with New Jersey child custody evaluation expert, Dr. Edwin A. Rosenberg, to discuss child custody evaluation basics and what you can expect. Continue reading

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Divorce Financial Advice for Women: Expert Q&A With Jeff Landers, CDFA

Concerned about your financial future after divorce? As part of our Family Law Jersey Style series, Bari Weinberger spoke with Jeff Landers, founder of Bedrock Divorce Advisors, LLC, a divorce financial advisory firm that works exclusively with women throughout the United States. Jeff is also the author of many Amazon best-selling books including Divorce: Think Financially, Not Emotionally. In their discussion, Bari and Jeff discuss what a divorce financial advisor does, common financial concerns during divorce, and more. Continue reading

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Dear Mom & Dad: This Is How I Want You To Act Now That You’re Divorced

questions kids have about divorceWhat can you do to make the transition of divorce as safe and loving as possible for your kids? From a child of divorce’s point of view, here is the story of nine-year-old Kate and how she finally got her parents to listen to her needs. Continue reading

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LGBT Divorce and Property Division

same-sex divorceAs we mark the 1-year anniversary of marriage equality in the United States, it’s a good time time to take a look at the state of LGBT divorce. Just like straight couples, some LGBT couples may ultimately decide to end their marriage in divorce. Given past difficulties with the law, however, many LGBT couples who plan to file for divorce may find themselves wondering if the well-established family laws apply to them and their marriage just as they have applied to straight marriages for hundreds of years. Continue reading

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LGBT Child Custody: Who Gets the Kids?

lgbt child custody issuesWhile tremendous strides have been made in the law, LGBT couples who have children can still face challenges when they separate and a child custody arrangement needs to be put in place. The laws in the country and, specifically, in New Jersey, have changed quickly when it comes to LGBT couples with children. There are always new cases coming up through the courts that involve LGBT couples because this is a fairly burgeoning area for the family courts. What might you encounter? Continue reading

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Divorce & Child Tax Deductions: An Expert Q&A With CPA Andrew Lisicky

When you go through a divorce, what are the tax implications? As part of our Family Law Jersey Style series, Bari Weinberger sat down with CPA Andrew Lisicky of Buckno Lisicky & Company to discuss how divorce changes the way you file taxes and how decisions you make about certain items in your divorce settlement may raise or lower your tax burden, especially when you have child dependents. Continue reading

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Mom Loses Custody Over Giving Child Benadryl

Child custody and child welfare concernsMany parents have done it. Or, they have at least known someone who has done it. Giving a child Benadryl, a common allergy medication, in order to help the child sleep seems to be not quite uncommon these days.  Parents are known to give a dose of the medication before boarding a plane, for example, to ensure that their little one sleeps through the flight and doesn’t potentially irritate an entire plane with nonstop crying. But, after a New York court ruling, parents may wish to rethink this course of action. Continue reading

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Amber Heard & Johnny Depp Domestic Violence Fallout: Do Police In NJ Have Obligation to Arrest?

Johnny Depp and Amber Heard Domestic ViolenceNews has been breaking this week about Johnny Depp and his estranged wife Amber Heard, and the alleged incident of domestic violence that Amber reports happened on the night of May 21, 2016 at the couple’s Los Angeles home. What really happened between Johnny and Amber that night we may never know for sure. What we do know, however, is that the Los Angeles Police Department was called to the couple’s house at least once that evening.

What transpired when cops arrived on the scene? Continue reading

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4 Steps To Take When Divorce Negotiations Are Stalled

stalled divorce negotiationsMany more people today are wisely attempting to negotiate their family law issues rather than engage in expensive and costly litigation. Couples are assisted in this approach by trained family law mediators and collaborative divorce professionals who guide the parties and make recommendations to both to help facilitate settlement. Other couples attempt to negotiate with their exes without assistance, which can prove to be much more difficult and time consuming. Either way you approach negotiations, what can you do if you are finding that the negotiations are not working? Continue reading

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Lessons Learned From The Johnny Depp And Amber Heard Divorce

Johnny Depp & Amber Heard DivorceMaking headlines this week has been the celebrity divorce of Amber Heard and Johnny Depp. Heard filed for divorce from Depp last Monday, citing irreconcilable differences and seeking temporary spousal support, which she was denied. On Friday, the divorce took an explosive turn when it emerged that Heard had been granted a temporary restraining order against Depp. In court papers, she claimed Depp had been violent towards her on several occasions during their 15-month marriage, including an incident the weekend before she filed for divorce in which Depp allegedly struck her in the face with a cell phone. Charges in the matter have not been filed. Continue reading

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Parenting Time Vs. Visitation: What’s The Difference?

Questions about parenting time?Parents who are separating are often faced with the difficulty of working out custody and determining how, going forward, the children will spend time with each parent now that they are living apart from one another. It is always the goal to work with your ex-partner to determine what plans work best not only for you and your ex, but more importantly, for your children. Children thrive by being with both parents as much as possible, and this makes coming up with workable solutions in everyone’s best interests. Continue reading

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Tips for Relocating With Your Children Out of State

relocating with your children out of stateYou have gotten that dream job and you are all set to accept the offer. But, there is one issue. The job is located in Florida and you live, with your children, in New Jersey. What is the best way to approach relocating with your children out of state? Here are several tips to help you navigate moving out of state with minor children: Continue reading

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Negotiating Your Marital Settlement Agreement

Negotiating Your Marital Settlement AgreementMany people have terrible visions in their minds when thinking about divorce. They expect to face a scary judge and a stressful trial. The truth is that, in New Jersey, the vast majority of divorce cases settle and they settle long before a trial begins. In fact, the courts in New Jersey greatly favor people who are divorcing to settle their own issues and work together to come up with an agreement that both husband and wife can live with not only at the time the agreement is signed, but also into the future. Remember, any marital settlement agreement will follow these ex-spouses around for a long time, especially if terms of the agreement discuss children.

So, how do you successfully negotiate a martial settlement agreement? Here are a few tips to help get you to a place where you are ultimately at peace with your marital settlement agreement: Continue reading

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Divorce & College Tuition Costs: What’s Your Obligation to Pay?

divorced parents and college tuitionIt is that time of year, again. High school seniors are making final decisions, touring campuses and selecting, once and for all, where they will attend college in the fall. If you and your child’s other parent were married and are still together, this can be a joyous time for all involved. However, if you and your ex are no longer in a relationship, this can quickly become a challenging and frustrating time. What is your obligation for payment of tuition for the next four years? What is your say in these decisions? Continue reading

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How To Get A Divorce Like Gwyneth: 3 Top Tips For Conscious Uncoupling

Conscious Uncoupling: Divorce Like Gwyneth PaltrowWhen Gwyneth Paltrow and Chris Martin ended their ten-year marriage in March 2014, they announced their intention to protect their children by having a “conscious uncoupling.” Millions scratched their heads at this lofty moniker: what was “Conscious Uncoupling?” Some sort of artisanal divorce, if there could be such a thing?  Or was it something new altogether? As it turns out, Gwyneth borrowed this phrase from therapist Katherine Woodward Thomas, whose book Conscious Uncoupling: 5 Steps To Living Happily Even After provides a blueprint on how to take a more mindful approach to divorce. Continue reading

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#MaybeHeDoesntHitYou Brings Emotional Abuse Awareness to Social Media

Get help for domestic violence and intimate partner violence

In this digital age, stands are taken, victories are won (and lost) and causes are put in the spotlight through social networking vehicles such as Twitter and Facebook. On Monday, Twitter users began using the hashtag #MaybeHeDoesntHitYou to show that abusive relationships aren’t limited to physically violent ones. Domestic violence can come in many forms, including mental or emotional abuse. Continue reading

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Want to Stop Paying Alimony Because Your Ex is Living with Someone? You Better Have Proof

Depositphotos_87970508_originalWhen does dating rise to the level of the legal ground for terminating or suspending alimony known as “cohabitation“? And what kind of evidence can prove that a spouse has entered into this deeper kind of relationship? A new court case takes a look. Continue reading

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What You May Not Know About Divorce In New Jersey

filing for divorce in new jersey

Thinking about divorce is an emotionally confusing time in anyone’s life. Now, you are contemplating filing for divorce and are facing weeding through the somewhat complex laws that govern divorce in the Garden State. There is a lot of misinformation out there, to be sure. Here are a few things you may not know about divorce in New Jersey: Continue reading

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Cohabitation and Alimony in New Jersey: The Quinn Case

cohabitation & alimony concernsSince New Jersey enacted the Alimony Reform Act in 2014, an ex-spouse no longer has to be living full-time in the same home with another person to be considered by the court to be “cohabiting” with that person. Prior to the Act, many divorced people would act as though they were married to their new partner, but would stop short of actually moving in with that person full time, in an attempt to keep their alimony. Now, a divorced spouse does not need to be living with a new boyfriend or girlfriend on permanent, full-time basis to have their alimony stopped. Continue reading

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Divorce PTSD And How To Treat It

Post Traumatic Stress DisorderMany people don’t realize that the financial and psychological stress of a bad divorce, especially if it’s ongoing, can cause PTSD. Continue reading

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What You May Not Know About Prenuptial Agreements In New Jersey

do you need a prenuptial agreement?Wedding bells will ring for many couples in New Jersey over the next few months, meaning that ’tis the season for spouses-to-be to start planning their future…including whether or not they need a prenuptial agreement! Continue reading

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Mediation, Collaborative Divorce or Litigation: What’s Right For Me?

mediation, litigation, or collaborative divorce?Much like how every marriage is different, every divorce in New Jersey is different too. You may have just come to terms with the fact that you are ready to file for divorce. Now what? Should you come to an agreement with your spouse? Are you anticipating a divorce trial? Are you and your soon-to-be ex on amicable terms or are you expecting a fight on each and every issue? Do you have very complex issues that need to be resolved?

Depending on your circumstances, there are several possible ways to resolve your differences and become divorced in New Jersey. Which path is right for you? Let’s take a look. Continue reading

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Weinberger Law Group Publishes New Guide To Alimony In New Jersey

alimony in new jersey Deciding alimony in your divorce and what to know how to get the fairest settlement possible? Weinberger Law Group is pleased to announced the publication of A Guide to Alimony in New Jersey, the newest title in our Family Law Jersey Style series of consumer-friendly law guides. Available on Amazon in both print book and Kindle ebook formats, A Guide to Alimony in New Jersey provides valuable tips and practical explanations to help you understand the alimony process, whether you are the spouse who will pay or the spouse who will receive support. Continue reading

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Recognizing The Signs of Intimate Partner Violence

Get help for domestic violence and intimate partner violenceAlthough we like to think we live in a more enlightened age, unfortunately, when it comes to intimate partner violence, also known as domestic violence, we, as a society, still have a long way to go. According to the Association of American Family Physicians, in the United States, approximately 1.5 million women and 834,700 men annually are raped and/or physically assaulted by an intimate partner. Women are more likely than men to be injured, sexually assaulted, or murdered by an intimate partner. Studies suggest that one in four women is at lifetime risk.

To remedy these tragic statistics, education is key, as is awareness of the many faces of intimate partner violence. Not all forms are intimate partner violence (IPV) are easy to recognize because IPV is not always physical violence; IPV can also be threats, intimidation or harassment, and more. Continue reading

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Military Parenting Time: Top Tips For Reconnecting With Your Kids After Deployment

military parenting timeAlmost two million children in the United States have military parents and experience the strain that frequent and/or lengthy deployments place on families. It may come as a surprise, but in many cases, the stress doesn’t end after the parent returns home. While media images capturing service members’ exuberant post-deployment embraces with children can create a “fairy tale” image of reintegration, in reality, once the excitement of reunion dissipates, all family members (parents and kids) often realize that they have changed in each other’s absence. These changes include: Continue reading

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Decision Time: Should You Go To Court Or Try Alternative Dispute Resolution?

What is alternative dispute resolution?It is becoming more and more commonplace for people going through a divorce to seek another avenue to resolution other than traditional litigation. In order to avoid sometimes needlessly drawn out court battles, couples are looking to Alternative Dispute Resolution or ADR to get them to the end of their divorce proceedings more efficiently. Is ADR right for your divorce? Continue reading

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What Is “Tri-Parenting”?

LGBT child custody concernsAfter the recent decision in the New Jersey custody case, D.G. vs. K.S., the new term “tri-parenting” has been getting a lot of buzz. What does tri-parenting entail? Let’s take a look. Continue reading

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My Spouse Gave Me An STD: Can I Sue?

Filing a marital tort claimA long time ago, spouses were not able to sue each other for torts, or certain “wrongs” done to one another because of a doctrine called “spousal immunity.” That doctrine has long since gone by the wayside, opening the door for divorcing spouses to sue each other for various types of civil “wrongs” called marital torts. Continue reading

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Child Abuse And Custody: Recognizing The Signs & Protecting Your Children

child abuse and neglectAccording to a 2013 report from The National Children’s Alliance, 679,000 children in the United States were victims of abuse and neglect. Unfortunately, one or more parents were responsible for almost 80% of reported child fatalities. Are your kids be at risk? As part of April’s Child Abuse & Neglect Awareness Month, here are signs to look for if you suspect your current or former spouse is abusing your children, and vital steps you can take to keep your kids safe. Continue reading

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Can You Request The Courts To Dismiss A Final Restraining Order?

restraining orderOnce a Domestic Violence Final Restraining Order (FRO) is entered against a person in New Jersey, it is difficult to have that FRO dismissed at a later time. New Jersey is one of the few states that actually has permanent FROs. In order to have an FRO dismissed, the court must agree that there is no continued need for the FRO. It certainly helps if the victim agrees with dismissing the restraining order. But, what if the victim does not agree to dismiss the FRO, even after more than nine years?

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Child Custody Questions? New Resource For New Jersey Parents Answers Your Concerns

Child custody 101: An Introduction to New Jersey Child CustodyCreating a parenting time plan for your children as part of your divorce or separation? Wondering which custody arrangement is best for your kids? Want to know what your rights are as a mother or father? To answer these questions and more, Weinberger Law Group is pleased to announce a new free resource for parents, Child Custody 101: A Introduction to New Jersey Child Custody Law. Continue reading

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5 Reasons To Avoid Divorce Litigation At All Costs

how to avoid divorce litigation

For some couples, litigating their matters in court before a judge is the best possible way to reach a resolution in their divorce. For other couples, litigation doesn’t solve conflict; it actually creates more of it. Many people mistakenly believe that they need the most aggressive lawyer in town to defend their legal rights. And when one spouse hires a shark attorney, chances are the other spouse will follow suit in order not to be “out-lawyered.” Yet even with two reasonable attorneys, divorce litigation is likely to inflame conflict, not resolve it. Read on to find out why the divorce litigation process should be avoided at all costs. Continue reading

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Divorce: Is Your Ex A High-Conflict Personality?

do you have a high conflict ex?While most people exhibit some irrational or unpleasant behavior during the pressure cooker of divorce, people with high-conflict personalities are experts at creating drama and chaos. They respond to the grief of a failed marriage by blaming you for the divorce and any problems the kids might have. Because they need a target, they will probably not “get over it” in time. Wondering if your ex might be a high-conflict personality or whether you are in a high conflict divorce?  Take this yes/no quiz to find out. Continue reading

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Advocating for Kids In Crisis: Weinberger Law Group Goes “Blue” For CASA Day

Fight Child Abuse and Go Blue for CASAIn support of the thousands of children placed in the state’s foster care system as a result of abuse and neglect, Weinberger Law Group announces its participation in Go Blue for CASA Day on April 8. The special day raises awareness and funds for Court Appointed Special Advocates (CASA) of New Jersey, a non-profit organization that supports and trains community volunteers to speak up for abused and neglected children in court. [Photos of today’s events can be found below! We will be updating throughout the day.]

Continue reading

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You Can’t Modify Alimony If You Never Received Alimony

questions about alimony?In a recent, unpublished Appellate Division case, Manger v. Manger, the court found that an ex-wife could not ask the court to change her alimony award, because she was never awarded alimony to begin with. Did you bypass spousal support in your original divorce settlement? Here’s what this case may mean for you.  Continue reading

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New Jersey Trial Court Says Coercion Can Be Domestic Violence

help for domestic violence victimsIn a strongly worded decision, the trial court in the recent case of J.L. v A.C. stated that a defendant may commit domestic violence through the act of coercion. The court, after entering a Final Restraining Order (FRO) against A.C., issued a supplemental order specifically addressing the act of coercion as domestic violence. Continue reading

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Supporting Child Abuse Victims: Weinberger Law Group Participates In “Go Blue For CASA” Day

Go Blue for CASA DayOn Friday, April 8, Weinberger Law Group is participating in “Go Blue for CASA” a fundraiser which will directly support advocacy for child abuse victims in the foster care system. In an effort to raise awareness for abused or neglected children during April’s National Child Abuse Awareness and Prevention Month, school districts, law firms and businesses throughout the state will recognize this day by wearing blue and donating to the organization Court Appointed Special Advocates (CASA). Continue reading

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Adult Adoption: Why Grownups Are Picking Their New Parents

adoption in new jerseyCan adult children be adopted? In New Jersey, the answer is yes. As a new court ruling shows, not only is adoption ageless, but adult children in New Jersey have the ability to pursue adoption even when their biological parents object. Continue reading

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What If An Erin Andrews Case Happened in New Jersey?

Is your spouse spying on you?

In a recent article, Bari Z. Weinberger, Esq., managing partner at Weinberger Law Group and family law expert explored the possibility of the Erin Andrews stalking case happening in New Jersey. Continue reading

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Emotional Abuse In Divorce: How To Protect Yourself And Your Children

emotional abuse in divorceEmotional abuse can carry an added layer of damage because, unlike physical abuse, it leaves no discernible marks. Other people, and even the victim, don’t always recognize it’s happening. After years of being invalidated, disempowered, and made to feel worthless, abuse victims can begin to doubt their own reality, and ignore signs that they’re being mistreated. Continue reading

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Filing Tax Returns after Divorce, Part 3

divorce and taxesIn two recent posts we looked at some aspects of income tax filing for newly separated or divorced individuals, and specifically some of the tax implications of support payments, including child support and spousal support. Today we are going to look at some of the tax implications of dividing marital property in divorce. Understanding tax treatment of property transfers is not only important for filing taxes correctly, it can also help with decision-making. For example, you may want to reconsider buying out your spouse’s share of the family home if you think it will leave you with a high tax liability down the road. Continue reading

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Child Support in the US and Australia: What’s Different Down Under?

child support in the US vs AustraliaIn a recent article on theconversation.com, the child support system in Australia was examined. How is child support different “down under”? While the United States and Australia may be geographically distant, the complaints regarding the Aussie system ring familiar here in the US. Continue reading

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5 Ways to Make the Most Of Your Divorce Consultation

how to make the most of your divorce consultation You have scheduled your consultation with your divorce professional. How do you make the most of this limited time with your prospective attorney? Here are 5 ways in which you can ensure you get the most out of your consultation: Continue reading

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10 Surefire Ways To Have An Apocalyptic Divorce

are you caught in an apocalyptic divorce? Can you really get divorced without the conflict and drama? Yes! Here are the top 10 things NOT to do if you want to avoid an apocalyptic divorce. To help minimize tension don’t… Continue reading

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Domestic Violence: Proving The Need For A Final Restraining Order

Get help for domestic violenceThe New Jersey courts strive to take domestic violence seriously, and, in this pursuit, the courts evaluate every situation where domestic violence is alleged. In some cases, the courts find that even though a defendant may indeed have harassed another, there simply may not be a need for a final restraining order. What factors are taken into consideration when making this decision? A recent court case sheds some light Continue reading

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Weinberger Law Group Publishes Four New Divorce and Family Law Guides

We are excited to announce the publication of four new titles in its our Family Law Jersey Style series of consumer legal guides: A Guide to Relationship Agreements  in New Jersey, A Guide to Alimony in New Jersey, A Guide to Property Division in New Jersey, and A Guide to Alternative Dispute Resolution in New Jersey. Authored by our firm’s founder, family law expert Bari Z. Weinberger, each guide contains practical family law information that can be difficult for readers to find elsewhere. Continue reading

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