New Book Addresses Divorce, Family Law Issues for Members of the U.S. Military

Divorces among members of the U.S. military are on the rise, making the new book, Strategies for Military Family Law, extremely relevant to members of the matrimonial and family law community. We are pleased to announce that WLG’s managing parter Bari Weinberger serves as one of the guide’s contributing authors, penning the chapter, “Getting the Best Results for a Military Family Law Client: Understanding the Nuances in this Practice Area.” Fellow WLG Attorney, Patricia Cistaro, also contributed to the chapter. Read more

Weinberger Divorce & Family Law Group Opens New Offices in Freehold

To better serve clients in Monmouth Country and the rest of southern and central New Jersey, Weinberger Divorce & Family Law Group is pleased to announce the opening of a second office in Freehold. Our law group’s headquarters will remain in Parsippany, serving northern New Jersey. WLG is happy to place our attorneys and law offices in closer and more convenient locations for our clients. As always, we understand that being able to meet with your divorce attorney easily and face-to-face is a important priority.

WLG is also excited to have attorney Robyn N. Howlett heading up the new office. Robyn comes to WLG with considerable experience and expertise in all matters related to divorce, child custody, child support, alimony and the division of assets, dissolution of domestic partnerships, civil unions, and domestic violence matters. Clients can expect the same high level of representation for their family law and divorce legal services, no matter which location they visit.

The new office opened its doors for business on Monday, May 7, 2012 and is located at 4400 Highway 9 (Route 9) South, Suite 1000, Freehold, NJ 07728. For more information or to set up an initial consultation at our Freehold office, call Weinberger Divorce & Family Law Group at (888) 888-0919 or (732) 252-0000.

The Role of Prenups in a New Jersey Divorce

Many people have heard stories about prenuptial agreements not always holding up in court. The reality is that courts will try to uphold private contracts in a New Jersey divorce, provided they were entered into with full knowledge and no coercion.

Historically, judges were suspicious of prenups because they were often used by the more powerful spouse to force the other spouse to agree to unfair terms. But today, prenups are used more routinely and looked at more favorably – when properly entered into.

To be enforced, a prenuptial agreement must be in writing, signed by both parties, and include a full disclosure of all assets and liabilities of both parties. In addition, each party is required to retain their own lawyer to separately represent their individual interests.

During a divorce, the burden is on the spouse challenging the validity of the prenup to show there was coercion in the creation of the agreement. Whether or not there was coercion, a party can challenge portions of the prenup as unconscionable.

Generally, the prenup is looked at as a regular private contract entered into voluntarily by two adults. There are areas that cannot be agreed to via a prenup. For example, parents cannot make agreements about custody of the children or parenting time via a prenuptial agreement.

Prenups are most commonly used to protect assets acquired before the marriage, and to set forth how certain properties obtained during the marriage would be distributed. They many times also address the issue of alimony.

If you are considering a prenup, or wondering if yours will hold up in a divorce, consult with attorneys experienced in handling New Jersey divorce issues. Used for the right purposes, prenups can often reduce time and costs of litigation in the event of divorce.

Contact a skilled New Jersey family law attorney for help with domestic violence

It is natural for couples to have fights and various arguments throughout their relationship.  However, when these fights escalate to include verbal abuse and physical assault, you should know that protection is available to you.  Whether your abuser is your husband, wife, boyfriend, girlfriend or partner, domestic violence and abuse is a crime – seeking the counsel of a skilled New Jersey family law attorney is often the best method for getting help with this type of situation.  For your protection, a New Jersey family law attorney can help you obtain a restraining order.

In New Jersey, a restraining order is a court-order issued by a judge that provides specific protection for your safety and well-being.  If you are the victim of threats or abusive behaviors, you should contact a local police department, call 9-1-1 or go to a local court house and report the incident.  A judge is available and is on-call, even after hours, for these types of emergency situations and has the power to execute an immediate temporary restraining order.

After a temporary restraining order has been issued, a formal hearing will take place before a superior court judge in the family division to determine if the temporary restraining order should be converted into a final restraining order.  Both sides have the opportunity to present their cases to the court, and a judge will make the final decision.  If granted, this restraining order serves as full protection for an indefinite period of time.  If the abuser fails to comply with the terms of the final restraining order, the violation can result in a criminal record and possible jail time.

For domestic violence questions or concerns, contact us in New Jersey at the Weinberger Divorce & Family Law Group, or call us at (973)520-8822.  We are a family law firm with the experience and commitment to help you with your most complex legal needs.

Basic Information about a New Jersey Restraining Order

You may have experienced a bad relationship or divorce with your former partner.  A New Jersey restraining order is a reality and solution for those who feel their safety and personal space is threatened by another person.

A New Jersey restraining order is a civil order issued by a judge.  The order provides protection against the presence of unwanted parties such as a former spouse, boyfriend, girlfriend, present or former household member, and other parties identified in the restraining order.

The precipitating events and reasons to seek a New Jersey restraining order vary, but most seek such an order because they feel threatened by another person.  Events of domestic violence often precede the need for a New Jersey restraining order.  In general, if a family member or other person attempts to harm you (with our without a weapon) or gives you reason to believe they are planning to harm you, then that person may have committed an act of domestic violence.

Domestic violence occurs in many forms.  People may seek a New Jersey restraining order as a derivative of the following actions: assault, terroristic threats, kidnapping, criminal mischief, false imprisonment, sexual assault, harassment, and stalking.

New Jersey temporary restraining orders can be granted by means of an emergency order when the courts are closed and can be facilitated by contacting local police or 911.  A final restraining order is granted once both parties are given the opportunity to tell their side of the story and the judge decides the temporary restraining order should be made permanent in order to protect the safety and well-being of the victim.

Obtaining a New Jersey restraining order can result in the following:

–          A no-contact provision that prohibits the abuser from communicating with the victim

–          An order that permits the abuser to remove limited items from a previously shared space in the company of a law officer

–          Emergency financial support from the abuser, including support for minors

–          Temporary sole possession of the home for the abused

New Jersey divorce attorneys help pave the way to a successful divorce

When all avenues of mediation and counseling been explored, but two spouses are not able to reconcile their differences, then divorce is the final chapter in the relationship.  In New Jersey there are a variety of different laws regarding divorce; utilizing a New Jersey divorce attorney will help both the parties involved understand their rights and obligations during the entire process.  To go to court without any type of NJ family law attorney would be unwise, as there are rules and laws that a judge could enforce that would potentially leave both parties unhappy.  The key to a successful divorce is to be knowledgeable of all areas of the law so that everyone can be happy and at least mutually agree on a way of resolving the issue.  Obviously there are going to be countless emotions involved that make the proceedings extremely difficult and strained; yet there is still some potential hope of reconciliation.  The couple could both use the same NJ mediation attorney to help settle their differences instead of having two opposing sides go against each other.

The majority of all divorce cases, however, usually end up requiring both sides hiring New Jersey divorce attorneys and following specific procedures.  The Superior Court of New Jersey has complete jurisdiction over all aspects of causes for divorce, when both parties involved were residents of New Jersey when the petition for divorce was first started.  The procedures of filing for divorce consist of the many different levels: a complaint must first be filed with the county of where the plaintiff lived when the issue first arose.  Next, after the filing fees are paid, the plaintiff sends a complaint to the defendant, who has to respond within a certain amount of time.  From then on, it requires tedious hours of work and meetings with New Jersey divorce lawyers to figure out every single aspect of the case.  Altogether, investing in a divorce attorney is beneficial for both parties involved.

New Jersey Family Law Attorney Practice Areas

Until you find yourself amidst the circumstances, one may not think about the concentration areas of a New Jersey Family Law attorney. An NJ divorce attorney addresses such issues as divorce, separation, child custody, and other germane issues. The following post will serve as an introduction to the general and specific areas of Family Law divorce attorney services.

The general areas of divorce and legal separation are main avenues explored by your New Jersey Family Law attorney. Dedicated lawyers devote passion and use prior experiences to concentrate on specific areas such as:
– High-net-worth divorce
– Contested divorce
– Uncontested divorce
– Legal Separation
– Out-of-state, international, or military divorce
– Domestic partnership dissolution
– Mediation
– Alimony, maintenance, and spousal support
– Division of Assets
– Palimony
– Post-divorce matters

In addition to the issues of resolution facilitated by your New Jersey Family Law attorney involving the two partners of the marriage, many separations have children to consider as well. A separation warrants careful consideration of children involved and how time and responsibility will be divided between the two partners in order to sufficiently raise the children and facilitate their ongoing happiness and adjustment. The following areas of jurisprudence are addressed by your New Jersey Family Law attorney regarding children and parenting:
– Child custody, parenting, and visitation rights
– Visitation plans
– Child support and related guidelines
– Relocation
– Educational expenses
– Emancipation
– Parental alienation
– Father’s rights
– Paternity
– Adoption
– Kinship legal guardianship
– Children of domestic partners

Mediation
– Mediation is often sought as an alternative to family court ‘battles.’ Mediation is often seen as a ‘gentler’ way to resolve divorce and separation issues and is also less stressful on children involved.

Domestic Violence
New Jersey Family Law attorneys sometimes address issues of domestic violence. Partners can become victims of domestic violence taking the shape of physical, emotional, or verbal abuse. Such types of abuse are categorized by courts and New Jersey Family Law attorneys as domestic violence and can warrant the attainment of restraining orders if necessary. Areas of specialization include:
– Protecting Victims of Domestic Violence
– Obtaining Temporary and Final Restraining Orders
– Defending Against False Accusations of Domestic Violence

Pre and Post-Nuptial Financial Agreements
– Defining fine lines of financial boundaries is often an area of concern for partners. New Jersey Family Law attorneys can address both pre and post-nuptial financial agreements. Such issues such as alimony and asset division can be handled by attorneys before, during, or after a marriage.