Middlesex County Family Law

Middlesex County Family Law It is important for you to have a reputable attorney that will be on your side and will explain the process every step of the way. Our Middlesex County family law lawyers have come up with a few things you need to know before you file and get the ball rolling. Divorce can be a daunting, challenging process, but having the right legal representation can go a long way to relieve some of the stress.

Matrimonial law has come a long way. Today there are many types of mediation and arbitration services available so the two parties can settle the issues in their divorce without having a trial. This is the ideal scenario. If you can settle without going to court, the resolution of your case is up to you, rather than a judge, and much of the stress has been alleviated.

Try to Settle Out of Court

Many times the best thing you can do is keep things civil and strive for a mutual agreement that makes both you and your future ex-spouse satisfied. Maybe you already know that you want to be the one to keep the house, and your spouse wants the car and primary custody of your children.

Even if you agree, all the terms of your settlement must still be written down and a hearing must be held to determine that both parties are entirely in agreement and understand everything that is outlined in the proceedings. The court won’t generally make a judgment about the fairness of the terms that are in your agreement, but it will want to make sure you understand what you are signing and each of you is going it freely and voluntarily, without being under duress or being coerced into entering into the agreement.

Going to Trial

Sometimes, even your best efforts won’t be able to resolve your divorce. If you have to take your case to trial, your Middlesex County family law attorney will help you to make this go as smoothly as possible. The judge will listen to the details of the case and consider testimony and evidence presented by both sides. The court’s decisions about everything in the divorce – custody, distribution of property and assets, child support, alimony, etc. - will be made based on what appears to be fair and reasonable for everyone involved.

If you file your divorce in Middlesex County, you will have your trial at the Family Court House which is located at 120 New Street, New Brunswick, New Jersey. The court is open from Monday through Friday, 8:30 a.m. until 4:30 p.m.

When it’s time to choose a lawyer, it is very important to do your research and choose someone who has a great deal of experience and knowledge. Goldstein Law Group is a law firm with extensive experience in Middlesex County and throughout the entire state of New Jersey. Our attorneys are ready, willing and able to help you. Schedule a free phone consultation today.

How Our Attorneys Can Help You Child Custody and Spousal Support

The determinations of who will have custody of your children, how much child support will be paid, and whether there will be an award of spousal support are major issues in a divorce. If the parties are unable to reach an out of court agreement on these issues, then the matter goes to trial and the court will decide. If some issues are resolved, the court can enter the parties’ agreement on all of the issues that are settled, and hold a trial only about the things that aren’t decided.

Child custody battles that ensue following a failure to reach an amicable agreement are some of the most fiercely contested family law proceedings. Representation from an experienced and highly competent family law lawyer in Middlesex County can make all the difference in such cases. The same is true for issues of spousal support, which can depend on highly specialized facts and thorough analysis of both parties’ earning capabilities and available assets.

Contested Divorce

A contested divorce occurs when both parties fail to reach an amicable settlement and the case goes to trial. Again, a contested case necessitates the services of a counselor with extensive experience in courtroom litigation.

A case that goes to trial will need to be thoroughly prepared by an experienced attorney who is familiar with the nuances of family court. It is important to choose someone who will make sure your case is aggressively and vigorously advocated in order to successfully obtain the desired outcome. A family court litigation attorney who is well versed in the dynamics of a contested divorce can mean the difference between a successful verdict and an undesired outcome.

Divorce Involving High Net Worth

Cases involving the separation of high net worth individuals are referred to as High Net Worth Divorce Cases. Such cases involve some of the most complex and intricate legal issues addressed under New Jersey Family Law.

The substantial wealth and assets shared by the divorcing parties must be equitably shared between the two. “Equitable” under New Jersey law does not necessarily guarantee an “equal” 50/50 split. The determination of what portion of the wealth each party is entitled to is a lengthy and complex process that can best be navigated with the counsel of a qualified and experienced High Net worth case attorney backed by a strong legal team. At Goldstein Law Group LLC, the founding member, Mr. Goldstein, was a former accountant with strong background in businesses and their intricacies, and works intimately with a team of forensic accountants when necessary, to establish or dispute value of a business that may be subject to equitable distribution, or to determine a spouse’s true income where the tax returns do not appear to accurately reflect the spouse’s real income. We also work at locating or proving existence of hidden assets or income.

Annulment

Annulment differs from a divorce. An annulment renders a marriage null and void from its very inception. Rather than dissolving the marriage as a divorce would, an annulment is as if the marriage never happened. There is a particular set of criteria that must be satisfied from a legal standpoint before the court will grant an annulment.

Those seeking to annul their marriage in New Jersey need to consult an annulment attorney qualified in practicing Family Law in the State of New Jersey. A competent attorney can provide guidance in the proceedings involved in an annulment. A family law attorney in Middlesex County will organize and prepare arguments to present a convincing case before a judge and effectively advocate the desired outcome.

Read more detail on the legal criterial that qualifies a marriage for annulment on our New Jersey Annulment Lawyer page. Don’t be mistaken, it is NOT the case that any marriage that endures for less than one year can be annulled. That is NOT the law in New Jersey. There are very specific “grounds” for an annulment in New Jersey. Speak to us to discuss them to see if your desire to pursue an annulment can be achieved.

How to Reduce / Increase Alimony

With the passage of time, circumstances, financial and otherwise, are bound to change for everyone. This often holds true for individuals who are required to pay alimony to their former spouses. Under the law, the terms of an alimony agreement to be changed or modified can be achieved provided that a substantial, permanent change of circumstances has occurred since the time that the agreement or last support order was entered into. Some examples are loss of income due to disability, or retirement. If your circumstances have changed significantly and you are no longer able to pay your alimony obligation, you can file an application with the court asking that the amount of the alimony be reduced, or eliminated altogether.

To successfully litigate a request to modify alimony, the applicant must first prove that there has been a drastic change in circumstances, and that the change is not temporary. Once you have demonstrated to the court that a change exists, the court will next determine whether that change means you can no longer pay the same amount of alimony. An Attorney with experience in alimony matters can help you build a strong case, and may help convince the judge to rule in your favor.

Read more regarding the procedure to reduce alimony on our New Jersey Alimony Reduction page.

Getting a Restraining Order, Domestic Violence

Victims of domestic violence and those who feel that their safety has been threatened may file for a restraining order from the New Jersey courts to protect themselves. The restraining order will grant legal protection to the victim from the person who is accused of threatening their safety. If the victim can show the court that he or she has a need for protection, the court will most likely issue a Temporary Restraining Order (TRO) based upon the victim’s statements alone. A hearing in court, where both parties are present and have the opportunity to present evidence and testimony, will be necessary before the court will enter a Final Restraining Order. In New Jersey, a Final Restraining Order is permanent – it will not automatically expire after a certain amount of time, like in some other states.

The help of a restraining order lawyer will be necessary to prepare a strong case with irrefutable evidence justifying the need for continued legal protection through a restraining order.

Collaborative Law

Collaborative law provides an amicable alternative to some of the more adversarial methods of negotiating a divorce settlement. In a collaborative situation, the couple involved has the choice of settling all issues in an amicable settlement. These settlement discussions are supervised and guided by the collaborative attorneys of both parties.

A collaborative attorney can help you navigate the procedures of going through a divorce and advise on the potential elements of settlements involved. If necessary, your attorney will engage the services of professionals such as couples’ counselors to ensure that a cooperative environment is maintained between both parties and an amiable agreement is reached.

Divorce Litigation

Divorce litigation becomes necessary when the both sides fail to settle out of court. The process of divorce litigation usually constitutes a lengthy and complex array of legal procedures, and continues all the way until completion of the trial and decision by the judge. This will usually take a considerably longer amount of time than reaching an out of court settlement.

In divorce litigation, the disputes between the parties are left for the courts to settle. It is up to the divorce litigation attorneys of both parties to prepare and present their client’s case before the judge. A competent divorce litigation lawyer will work hard to convince the judge of the merit of his or her client’s arguments. The judge’s ruling will determine how the disputes between the parties are ultimately resolved.

How to Enforce a Court Order

It is not uncommon for one or both parties to violate the instructions contained in an order of the court. For example, a party may disregard a restraining order or fail to pay alimony or child support on time, and in the correct amount. One party may begin to refuse to follow the parenting time schedule in a custody order, or refuse to cooperate to distribute assets or bank accounts. When these types of violations occur, the non-defaulting party may want to seek legal enforcement of the court order. This can be accomplished with the help of a Court Order Enforcement lawyer. Reasonable warnings and reminders should be issued to the defaulting party through the other party’s attorney before seeking the court’s assistance in enforcing the court order. If the enforcement application is necessary, the court will then review the facts of the case and decide on the best course of action to ensure compliance.

A free initial consultation with a Middlesex County Divorce Lawyer at Goldstein Law Group is a no-risk way to explore your options so you can make the best decision for you and your family. Call us today at 732-967-6777.

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