Archive for the ‘Family Law’ Category

What to Know About Getting a Divorce in NJ

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Ocean County Divorce 101

Divorce is never easy, and the more assets, typically, the more difficult the process. If you are considering getting a divorce in Ocean County, Monmouth County, or anywhere in New Jersey; there are some very basic, yet very valuable fundamentals to know about. Below, we offer our top nine:

1. The process will likely be long and unpredictable.
While there are instances that are cut and dry with mutual agreement over assets and custody in Ocean County divorces, they are few and far between. Time, emotions, and the people involved most often makes the divorce process expensive, emotional, and spun out over months, potentially years.

2. The more emotions involved, the more difficult it will be.
While it is obvious that the typical range of emotions from anger and denial to sorrow and loss will make the process of your New Jersey divorce more difficult; how much you allow yourself to exhibit these emotions in a legal setting, will determine how successful or unsuccessful you will be in the settlement.

3. Professional counseling is recommended.
Professional counseling, even a session or two, can help with considering your Ocean County or Monmouth divorce in weighing the pros and cons, but it can also, help in accepting and grieving the loss of the relationship, and being able to move on appropriately, and with more maturity (and less emotion) in court. Moreover, if a child or children are involved, counseling for them through this time is more than recommended.

4. Be prepared for dividing up all assets.
It is no surprise that whatever you as a couple acquired when together for however many years that you were married will be a focus of your divorce. It is valuable to start thinking at your belongings, your assets, and your children in a mutually respectful way before facing off in a court room. Thinking about how custody will best benefit your children, the alimony that should be allocated, and how the timeline for division of property should play out will also help, if planned out early on.

5. Divorce should be thought of as a business transaction.
While the marriage itself was likely founded upon love, its conclusion should be treated as a business transaction. This has been alluded to in previous points, but is a vital component in getting through a NJ divorce as amicably as possible. Consider your assets and custody in a what’s fair is fair light, instead of trying to take all you can from the person, because they hurt you.

6. Fault is not a factor in New Jersey.
Because New Jersey is a no-fault state for divorce, the courts will likely not care who was responsible for the divorce or separation, so marital misconduct or any other reasons stated in your Ocean County divorce case will most likely not help the verdict. Typically, proclaiming a fault will add cost, length, and more bitterness to a divorce case.

7. Do not represent yourself.
It is never, ever, a good idea to go the cheap way and represent yourself in an Ocean County divorce case. Lawyers will tell you this, of course, but so will judges and previous divorce claimants. For reputable divorce attorneys, there are no emotions involved; and they will give you the facts, the best advice, and represent you with your best interests and your goals in mind. Plus, though you may think you are saving by foregoing representation, you will always pay more in mediation.

8. There is divorce and then there are alternatives…
The traditional process of divorce in Ocean County, Monmouth County, and New Jersey is one route, and then there are two other alternatives, mediation and binding arbitration. These two alternatives are typically best suited to couples that are agreeable in the division of property and assets from the get-go.

9. Second thoughts are typical…
Know that if you are considering a divorce in New Jersey, but are unsure about whether you should, this is very common. Almost everyone has second thoughts. The process can be heartbreaking. What about the kids? Can’t it be fixed? All of these thoughts are very common, and the only way to determine whether your marriage is salvageable is to talk to a professional counselor and also a reputable Ocean County divorce attorney (or Monmouth as it may be).

LePore & Luizzi New Jersey law firm is committed to helping people just like you at all stages in the divorce process. We have the experience and success to help you through consultation, recommendation, mediation and litigation; as well as through NJ child custody. Call us or email us today for help with your Ocean County, Monmouth County, or NJ divorce.

Brick Post-Judgment Modification Lawyers

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Representing Clients in New Jersey Post-Judgment Divorce Issues

Lives change and when they do, the arrangements made for child custody, child support, and spousal support may need to change as well.

The Brick post-judgment modifications attorneys of LePore ♦ Luizzi can advise you on whether you may be able to modify the terms of your divorce. We can petition the court to change your court-ordered:

  • Child custody
  • Visitation
  • Child support
  • Spousal support (alimony)

Who Is Eligible?

Court orders can be changed for specific reasons, not just because you would prefer them to be different. You must have experienced a significant change in circumstances since your New Jersey divorce was final for the court to consider a request for a modification. Significant changes in circumstances can include the loss of a job, the birth of another child, a remarriage, or a move to another location.

Each case must be individually assessed to determine if a modification is an option. It is important to contact a lawyer as soon as possible. The modification is only retroactive to the date of filing the post-judgment petition, not to the date of the change itself. Do not rely on informal agreements with your former spouse. Even if he or she agrees to a change in child support, for example, the court will not recognize it. The paying party will continue to owe the same amount each month unless and until a child support modification is approved by the court.

New Jersey Child Custody Modification Attorneys

If you get a job in another state or want to move hundreds of miles away, the court cannot stop you. If you want to take your children with you, however, you may need the permission of the court. Our Brick/Tom’s River area family law attorneys assist parents with post-divorce actions to change child custody and visitation arrangements.

For a free initial consultation with an experienced family law attorney, call toll free 888-788-8529 or contact us online.

Brick, New Jersey, Divorce Lawyers

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Helping Clients Through the Divorce Process

Matters of family law such as divorce and child custody can generate intense emotions. People who contemplate divorce need clear-headed counsel that protects their long-term interests and those of their children. At LePore & Luizzi, our goal in New Jersey divorce matters is to provide sound legal advice and guidance through the divorce process, in order to obtain the fairest, quickest, and most cost-effective resolution for our clients in the Ocean County, Monmouth County, and NJ area.

The attorneys at LePore & Luizzi represent clients from all over New Jersey in matters of family law, including:

New Jersey Child Custody Attorneys, Child Support Lawyers

Issues involving the custody and financial support of a couple’s children are among the most contentious involved in divorce proceedings. We can help you work through these issues through negotiation, mediation or, when necessary, litigation. Whether you need to establish a reasonable and workable parenting plan or modify existing arrangements, you can rely on our family law attorneys for compassionate and effective legal advice.

Individualized Legal Solutions

At our Brick offices, clients will find a concerned and sympathetic atmosphere where they can discuss their problems with candor. We take the time to understand each client’s goals and aspirations as well as their fears and anxieties. We understand that in matters of divorce and child custody, every case is different. Some divorces can be accomplished through negotiation and collaborative law methods. In other cases, we undertake litigation to assert and defend the rights and interests of our clients. Whatever your situation, our Brick lawyers serving the state of New Jersey will recommend proactive and individualized solutions to your legal problems which protect your rights and interests and, most important, those of your children.

For a free initial consultation with one of our Ocean County divorce attorneys, call toll free 888-788-8529 or contact us online.

More information on the New Jersey divorce process in Ocean County and Monmouth County.