Divorce is a time of transition. It can be a time of uncertainty. It is often a time of stress. There are many questions which must be faced. What will happen to me? How will my time with my children be affected? How will my children be affected? How will my life change economically? Will I have an alimony obligation? For how long will I receive support? Will I have to return to the workforce? How is child support determined? Can I still retire? What happens to our assets? What is the process? How do I decide on a lawyer? Who will be my advocate?
Our experienced Family Law attorneys will guide and advise you through the process. Together we have over 50 years of experience in handling matrimonial and adoption issues. Further, members of our family law team have been through a divorce or are the children of divorce, or both. We understand the issues you are dealing with.
How Do I Choose a Divorce Attorney?
When choosing your divorce attorney, you want to make sure that she or he is experienced in the field of matrimonial law, and possesses both the substantive knowledge and practical experience to properly advise you are important. Your divorce attorney should hear what it is that you are expressing and demonstrate good listening skills. ..Being able to relate to your divorce attorney will strengthen the relationship and trust you must place in him or her. Your divorce attorney is there to be your advocate. He or she will advise you as to the legal issues involved and discuss with you the extent that your goals may be realized under the facts and law of your matter.
Why should I choose Flaster/Greenberg?
Our family law attorneys have the practical experience and substantive knowledge needed to guide you through the divorce process. We are supported by over 65 other attorneys, each of whom bring their respective expertise to the table, whether it be tax, corporate law, estate planning, transactional bankruptcy, employment related issues or any of the many areas our firm handles. These resources are all in house. You will not need to search for another firm to handle these related concerns and matters.
What is my role as the client?
It is your life which is involved. In addition to providing your attorney with the factual information necessary, your role is to cooperate with your attorney in the preparation and presentation of your matter, and to make the decisions as to what you wish to accomplish. Our role is to advise and implement, to the extent allowed by law, ethics and the facts of the matter. Our role is to further advise when your expectations are not achievable and not obtainable. In short, you are an important member of the team representing your interests.
What are the issues involved in a Divorce Matter?
A divorce matter can involve five main areas: Child Custody, including parenting time, Child Support, Alimony (Spousal Support), Equitable Distribution (dividing the assets and liabilities) and Cause of Action for Divorce.
The Divorce Process
The divorce process is formally started by the filing of a Complaint for Divorce. Your attorney will review your martial history with you. You and a member of our Family Law Team will discuss which of the nine causes of action, which include Adultery, Desertion (actual or constructive), Extreme Cruelty, and Irreconcilable Differences is best suited for the facts of your matter.
If you have been served with a Complaint for Divorce, we will meet with you and determine with you the appropriate response, as well as discuss with you a Counterclaim for Divorce, if appropriate, using the same causes of action as would be involved in a Complaint for Divorce.
We will discuss with you what to expect during the process. This will include the Case Information Statement which will need to be completed and the Matrimonial Early Settlement Panel process. We will provide you with an understanding of the discovery that will need to take place and discuss any trial related issues. While the goal is to achieve a negotiated resolution, our Flaster/Greenberg Family Law Team includes experienced trial counsel.
What will happen with my children?
Custody: The law recognizes three different types of custodial arrangements that is Joint Legal Custody (which can be assumed to be the presumptive norm under most circumstances), Joint Legal and Physical Custody, or Sole Custody. We will discuss with you the most realistic option given the facts and circumstances of your matter. There are statutory factors the Court must consider. We can review these with you as they apply to your circumstances. Be assured that our attorneys are also child advocates at heart; we will not tolerate use of children as pawns.
Parenting Time: Barring exceptional circumstances, each parent is entitled to parenting time with their children. It is you and your spouse who are being divorced, not you and your children. We will review with you the parenting time schedule which would best fit your needs and that of your children.
If you and you spouse cannot agree as to appropriate arrangements for your children, the Court will make decisions regarding custody and parenting time. As your attorney, custody and parenting time issues are among the most important aspect of our representation. In making these decisions, the focus should be, and the focus of the Court will be, on what is in the best interests of the child or children involved. It may be necessary to involve custody experts who will meet with the parent and children so as to be able to deliver an opinion to the Court as to what arrangement furthers the children's interests. We will further review the process with you, including the Custody Neutral Assessment Process, the Custody Mediation Process and the Expert Evaluation Process.
Alimony
Alimony is financial support paid from one spouse to the other. The factors the Court will analyze are governed by statute and the case law. They include the standard of living the parties enjoyed during the marriage, the length of the marriage, the incomes and other assets of the parties and numerous other factors. There are several types of alimony including permanent alimony, limited duration alimony, pendente lite alimony, rehabilitative alimony and reimbursement alimony. We will work with you to determine whether alimony is a factor in your case and if so, the appropriate form of alimony, whether you are the payor or the recipient of alimony. Our Family Law attorneys are experienced in analyzing the statutory factors and case law and have made compelling arguments on all aspects of alimony.
Child Support
Child support is calculated by utilizing the New Jersey Child Support Guidelines for all parties that fall within the income parameters set forth in the guidelines. For those families that enjoy incomes exceeding the guidelines, we have the experience and skill needed to advocate for appropriate child support using the factors detailed in the New Jersey child support statute and the case law. Factors to be considered in the establishment of a child support award include the parenting time schedule, the incomes of the parties, child care expenses and alimony. While alimony for a supported spouse is based on the marital standard of living and income, children are entitled to participate in post divorce increases in a parent's income.
Equitable Distribution (Asset Distribution)
Equitable distribution is the legal name for the distribution of the marital assets and liabilities. The standards here as well are set forth by statute and case law. There are many issues involved, including the determination of what assets are subject to distribution, how assets are valued depending on when they were acquired, how premarital assets are handled, the effect of prenuptial agreements, etc. These issues and issues relating to the use of experts in the identification and evaluation of assets, and the identification of the appropriate expert will be discussed with you by your family law attorney. We have experience in working with experts in valuing medical practices, law practices, closely held business and the many components of executive compensation, including stock options and deferred compensation.
Domestic Violence
Unfortunately, domestic violence is all too common in our society. It is important to keep in mind that domestic violence does not require a physical assault. If you feel that your safety or the safety of your children is in jeopardy, you should immediately call the police or go to your local police station or court house in order to complete a domestic violence complaint. Our family law attorneys have experience in representing both the victim and the accused in domestic violence proceedings.
What if my spouse and I cannot agree on financial issues while our case is pending?
As with custody and parenting time disputes, the court will order temporary, or pendente lite, financial arrangements. Those arrangements can include the payment of support, certain household bills and living expenses. The Court can further order pendente lite distribution of assets under certain circumstances to help fund the litigation process.
How long will it take to finalize my divorce?
The goal of the judicial system is to finalize a divorce within 12 months. Sometimes it is sooner, sometimes longer. Each matter is unique and the time it takes to finalize a divorce is dependent upon many factors, including the complexity of the issues and the attitudes of each of the parties. The degree to which you and your spouse can effectively communicate and work to resolve issues is an important factor for the time it takes to resolve your divorce and the cost of doing so.
Alternative Dispute Resolution
A divorce is resolved either by a Court determining the issues after a trial or by way of a negotiated settlement. That settlement can be achieved though mediation or arbitration, also known as alternative dispute resolution (ADR). In every divorce matter, we will advise you as to ADR options available to you. Certain cases present delicate personal or financial issues that are best addressed in alternative dispute resolution. In addition to being skilled litigators, all of our family law attorneys are experienced in ADR, and include members who have training and experience as ADR providers.
Civil Unions, Domestic Partnerships and Same Sex Couples
The Civil Union statute provides that same sex couples who enter into a civil union have all of the same benefits, protections and responsibilities under law as are granted to spouses in a marriage. The statute provides that the dissolution of civil unions shall follow the same procedures and be subject to the same substantive rights and obligations that are involved in the dissolution of marriage and that the laws of domestic relations, including annulment, premarital agreements, separation, divorce, child custody and support, property division and maintenance, and post-relationship spousal support, shall apply to civil union couples.
Further, the rights of civil union couples with respect to a child of whom either becomes the parent during the term of the civil union, shall be the same as those of a married couple.
We have been representing the interests of gay and lesbian individuals for over 20 years, in matters involving custody, parenting and adoption. Our expertise in family law and our experience is recognized in the gay and lesbian community. Our resources are available to you whether you have entered into a civil union, are members of a domestic partnership, or in a committed relationship.
We have substantial experience in second parent adoptions, adoptions by individual gays or lesbians, and have been successful in the appropriate circumstances in having birth certificates adjusted without the need of an adoption.
Prenuptial or Pre Civil Union Agreements
Whether this is your first marriage, second (or more), a pre-nuptial or pre-civil union agreement may be advisable. Such an agreement can protect pre-marital assets from equitable distribution and address other relevant issues. Our family law attorneys have substantial experience in representing individuals seeking to establish premarital agreements to establish legal parameters for marital relationships.
Adoption
Our Family Law attorneys have been involved in over 1,200 adoptions, including agency, private, domestic, international, second parent adoptions and stepparent adoptions. We further have substantial experience in providing representation in contested adoptions as well. Our adoption practice has national recognition, including a member who was named a Congressional Angel in Adoption.