|
|
| Unfortunately,
in many situations a marriage can not be saved and the parties ultimately
end up filing for a divorce. In those situations, it is very important
to have an attorney experienced in divorce litigation. Saying that
it is difficult to navigate through the family court system is an
understatement. There are many requirements which must be met, issues
that must be addressed, and appearances to be made. A mistake in any
of these areas could have several consequences. Our attorneys have
extensive experience negotiating and litigating issues such as alimony,
child support, custody, visitation, and the distribution of property.
|
|
| It
can be said that custody and parenting time is probably the most difficult
issue for a divorcing couple to address. It is the area that is the
most intense emotionally and at the same time, it is the area that
has the least amount of "hard rules" that a parent can rely
upon. The only thing that can be said for certain is that the goal
of all involved will be to do what is best for the children. Many
times parents are unable to agree upon what this actually is. However,
it is the hope of all involved that once the initial anger each parent
has towards the other subsides they will able to work this out. To
this end, the court will do everything possible to assist you in resolving
this on your own. All parents will attend a parenting education workshop.
They will then participate in a mediation program which is provided
by the court free of charge. If, after participating in mediation,
you are still unable to resolve this issue, the court will normally
appoint a mental health expert to prepare a custody and parenting
time evaluation and make a recommendation, usually at the parties'
expense. If after the recommendation is made, the parents are still
unable to reach an agreement, it will be left to the Court to decide.
In determining this, the courts will consider no less than 15 different
factors, each of which can be weighed as the Judge sees fit. . Because
of this, it is very important that you have an attorney experienced
in custody negotiation and litigation. |
|
| Thankfully,
in most situations child support can be calculated with a fair degree
of accuracy. The State of New Jersey has directed that certain Child
Support Guidelines be applied in determining child support. Only in
certain special circumstances will the parties be able to disregard
the Guidelines. Once the parties incomes are known, and the parenting
schedule has been established, a Guidelines Worksheet can be completed
to determine the appropriate level of support. However, this should
not be interpreted to mean that calculating child support is a simple
matter. Changing even one number in the calculation could have a dramatic
affect on the outcome. It is therefore recommended that you have an
attorney that is experienced in performing this kind of calculation
assisting you. |
|
| Many
people would like to think that there is a simple, quick way to determine
what, if any, alimony is appropriate in their situation. Unfortunately,
this is not always the case. There are four different types of alimony,
and twelve different factors the court must consider in determining
which kind applies in a particular situation, how long the alimony
should last, and the amount of alimony that should be paid. These
factors include a person's need for support, the duration of the marriage,
the age and health of the parties, the standard of living during the
marriage, the ability of the parties to earn an income in light of
their history, and responsibilities to care for any children. |
|
|
|
|
| At
Celli & Schlossberg LLC, we have experience preparing and negotiating
premarital agreements, which if needed in the future are the simplest
and best ways to avoid a protracted divorce litigation in the event of
a divorce or separation. In order to effectively prepare a prenuptial
agreement, it is important that you allow yourself, and your future spouse,
enough time to reflect on what you will be entering into and allow your
counsel enough time to prepare the agreement. At a minimum, we recommend
that you allow 45 days to negotiate, prepare and sign an Agreement.
|
|
|
| Just because a couple has
decided to end their "marriage" this does not necessarily mean
they must get divorced. There is also the option of a trial or extended
separation. In those situations it is necessary to prepare a separation
agreement, which if not done correctly, could result in unintended complications
later on if a person were to seek a divorce. We are experienced in drafting
these types of agreements, and helping you to work out a fair and legal
solution to your issues. |
| |
Paternity
is a complex area of the law, more than a lot of people think. Paternity
affects the father's rights to see his child and his duty under
the law to support that child. DNA tests can rule out paternity
with nearly 100% accuracy, and identify paternity with 99.99% accuracy.
At Celli & Schlossberg LLC, we can help you to file for, or
defend against, an action for paternity, which is a suit that can
be brought by either the mother or the father. We can help you work
your way through the red tape involved in an action for paternity,
and help you get this important issue resolved. |
| |
Equally
unfortunate are those situations in which there is an allegation
of domestic violence. While many times these allegations are justified,
it is not unheard of for a party to make a false allegation in order
to gain an advantage in a divorce. If you are a victim of domestic
violence, it is important for you to have representation in order
to make sure you are protected and obtain the full benefit of the
Prevention of Domestic Violence Act. You can be sure that the other
side will have their own attorney defending them. If you have been
accused, it is even more important to be represented by counsel.
Being found guilty of domestic violence will affect you the rest
of your life and will have consequences far beyond the mere issuance
of a restraining order.
Morris
County Courthouse,
Morristown, New Jersey |
|
