By Tanya Helfand | Published January 10, 2020 | Posted in Family Law | Tagged Tags: Custody, domestic violence, parenting time, restraining order, risk assessment |
TO VACATE OR MODIFY A DOMESTIC VIOLENCE RESTRAINING ORDER
A final domestic violence restraining order is granted by the court after a trial in which the Court determines by a preponderance of evidence that an act of domestic violence took place. There is no consent to restraining orders in New Jersey. The Order is granted to protect the victim and can include but not Read More
Read MoreQUESTION AND ANSWER TO SAVE FEES
Q. How much will a divorce cost in New Jersey? A. It is impossible to give an estimate for a litigated divorce. People have different issues: Domestic violence, custody, valuations of business, income and tax problems. Some just can’t settle. Some attorneys and parties know how to work on settlement, others just know Read More
Read MoreImpacts of Divorce in Immigration and Naturalization
Divorce & Conditional Resident Status When an immigrant applies for permanent residence “green card” based on their marriage to a U.S. citizen, the immigrant is first granted a “conditional permanent residence” until the couple has been married for two years. Conditional permanent resident status lasts for a period of two years. Within ninety (90) days Read More
Read MoreMarriage/Domestic Partnerships/Civil Unions/Cohabitation/Palimony
ENFORCEABLE AGREEMENTS FOR COUPLES Solemnizing a relationship ensures legal rights for the parties. It offers protections and privileges that a committed couple can provide for each other. On June 26, 2015, the U.S. Supreme Court ruled that same sex marriage bans are unconstitutional and same sex couples can legally marry anywhere in the United States Read More
Read MoreThe Law Concerning Fathers Rights When the Child is Not Yet Born
A FATHERS INFLUENCE HAS LIFELONG EFFECTS ON HIS CHILDREN. FATHERS ARE CONCERNED CAPABLE PARENTS AND MUST HAVE ADEQUATE CUSTODY AND PARENTING TIME. It is the father’s right to enjoy his children and it is his responsibility to provide guidance and attention to them. Child support is more than money payments, which alone do not meet Read More
Read MoreFathers’ Rights in New Jersey
We represent both mother and father zealously in custody/parenting situations. The law in New Jersey is extremely favorable to dads – not a single aspect of the law is gender biased. The goal in a custody case is to achieve what is in the best interest of the child or children in the particular family. Read More
Read MoreThe courts may modify or dissolve a final restraining order for good cause
After a Final Restraining Order (FRO) is issued for domestic violence, the parties cannot be in the same place together. If the victim who has a Final Restraining Order approaches the Defendant or instigates conflict (such as a wife calling her husband names or going to where he is when he has parenting time), she Read More
Read MoreDiscretion of the Judge and Your Power to Settle
Every day numerous judges throughout the State hear cases involving family matters. The Courts/Judges process these matters and remedy the problem using an Order for relief and their discretion. Parties without the input of a judge can also create their own settlement with the help of attorneys, mediators, arbitrators or on their own. This is Read More
Read MoreUnused Vacation Time – Marital Assets
Marital assets are property acquired during the marriage which is subject to equitable distribution. A house, a business, stock options or a pension acquired during the marriage is marital property and will be equitably divided in a divorce. A spouse’s employer may provide an enforceable right to terminal leave and other benefits. This can consist Read More
Read MoreEmotional Support for Family Matters
A family lawyer’s work as a “Counselor at Law” may involve some limited family and marriage counseling related to the legal advice being provided. However, the lawyer does not provide psychological or family therapy. Professional marriage and family therapy services can include both pre-marital, pre and post-divorce counseling, therapy and family therapy. Trained licensed therapists, Read More
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