Five Common Types of Family Law Issues

October 15th, 2020 by admin No comments »

Individuals and families may experience a variety of different legal issues that fall under the heading of family law. Some personal situations may necessitate the assistance of an attorney to resolve. Navigating property division or child custody due to divorce would be examples of interconnected issues in one family’s situation. Here are five broad categories that fall under the domain of family law.

Divorce

When contemplating the dissolution of a marriage, a divorce lawyer can help you navigate the many potential issues involved in this process. The division of assets can be complicated, especially if one party tries to conceal assets from the other party. Charged emotions can be a common factor in divorce proceedings, making the process even more challenging for everyone. For this reason, the assistance of an impartial professional may make the proceedings easier. The professional also has a thorough understanding of the laws in your state, enabling effective and efficient representation.

Child Custody

When two parents dissolve their marriage, or they opt to parent their children separately, child custody becomes an issue. With child custody, the parents must work out an agreement regarding the amount of time children will spend with each parent and where the children will live. Parents must also agree about how they will make decisions about the children’s welfare and upbringing. If parents have difficulty agreeing to terms, they may need to involve the court system to help them create a binding arrangement.

Child Support

Parents have the responsibility of monetarily supporting their children until the children reach adulthood. In cases where parents do not live together, and the children spend more time living with one parent, the other parent usually pays child support to help contribute to the expenses incurred by raising the child. Generally, individual states set a specific amount of child support due from the noncustodial parent, which is dependent on the earnings of this parent. The state will enforce payment of child support to the custodial parent.

Spousal Support

Upon the dissolution of a marriage, one party may petition to have the other party continue to provide financial support. The court may require the party earning a higher income to provide spousal support for the other party. The terms of spousal support can vary depending on the financial situation of the party receiving the support and the party providing it.

Property Division

Dividing up the property from a marriage can be a laborious task. Generally, two parties will share any property or financial increase that occurred during their marriage. Both parties also have the right to continue living in their mutually owned property. An attorney can help navigate the process of calculating any property or financial increase and dividing property equally between the two parties.

Knowing Your Judge in a Family Law Case in Essex County, New Jersey

September 25th, 2020 by admin No comments »

New Jersey Superior Court, Family Division of Essex County is the busiest family law courthouse in New Jersey. The diverse county of Essex includes wealthy areas like Short Hills and Livingston and poorer areas in Irvington and Newark. The courthouse is located at 212 Washington Street in Newark, NJ. While there are many different types of family law cases in a family law courthouse, this article will focus on the Judges of the Matrimonial Division which handles divorces and post divorce actions.

Judge Nancy Sivilli is one of the longest standing family law/divorce judges in Essex County. Judge Sivilli was a civil court judge prior to being transferred to the family division where she handles a very heavy docket. Judge Sivilli is a neutral judge that understands both sides of the story as she is married and has children. While it is not critical for a family law judge to have kids, I believe having kids gives you a different persepective than someone that does not. Judge Sivilli make the speech at the early settlement panel to inform litigants of their chance to resolve their matters before having a trial.

The next judge is the Honorable Judge Donald Kessler who has also been on the family law bench of Essex County for a long time. Judge Kessler is a stickler to the rules of the court, but is a very kind and patient person. He does not tolerate yelling or other unruly behavior in his court. He permits people to make their arguments one at a time as a court should be like and not like the Maury Show that some judges permit. Judge Kessler is a family man who really watches out for the needs of the children in each case over anything else.

Judge Michael Casale is the next judge that focuses on matrimonial cases and is a judge that I believe understands the rules of equitable distribution more than most judges. In a recent case, he ruled that the party who invested pre-marital funds into the marital home should retrieve that portion of the equity before dividing anything that may be left. While other judges rule that once you invest money together, the money is “commingled” and the division of the money is lost. This latter argument to me does not make sense in a court of equity. I agree to Judge Casale’s methods and theory.

Whether you have a case before Judge Sivilli, Judge Casale or Judge Kessler, Judge Neil Jasey, Judge Russell, Judge Adobato, the divorce process in Essex can be very long because of the “war between Trenton and Essex” and the lack of judges allotted to Essex which has caused a family court trial backlog. While there is a backlog, the good news is that these judges are very wise and do manage their calendars quite well.

Family Law, Divorce and Custody

September 6th, 2020 by admin No comments »

Divorce and separation is a stressful and upsetting time for every child involved no matter how old they are. Even adults whose parents decide to separate after a number of years can still be traumatised by the events. And what makes matters worse is that the legal system in this country is not set up properly to deal with custody battle in a number of situations. When one parent decides that they want to move far away from the family home and take the child with them, the justice system is more commonly than not on the side of the mother. The child’s wishes and emotional health play little part.

During the Victorian era, men were always granted custody whenever a marriage dissolved, no matter what the reason and the competence of the mother to look after their child. Now, we see that women are more often than not granted custody of their children when a marriage or partnership ends, often with a harsh settlement deal for the father.

Campaigners are now trying to find a middle point between these two extremes by making the child’s life easier during this time and continuing their access to both parents, unless of course there has been violence or mental damage done by one party.

A report has been published recently which criticises the court’s reluctance to give custody rights to fathers over mothers, and allows a mother to move far with the child so that the father is unable to see their child. It has called this action ’state-sanctioned kidnap’ because the courts do not prevent one party taking their child a long distance away from their former partner.

Forcing a child to leave one of their parents, their other relatives, friends and the school which they have grown up in causes children emotional harm, stress and damage in the long-term. Judges have sometimes seemed to totally ignore the wishes of the child and granted custody to a parent when they showed a greater wish to stay with the other parent.

If you are going through a separation at the moment and children are involved, speak to a family lawyer like Raleys Solicitors who will be able to talk through your situation and help you decide on the best course of action for you and your child.

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Finding the Best Family Law Divorce Lawyer & Attorney

March 13th, 2020 by admin No comments »

Family law disputes range from complex legal battles to the unchallenged officiating of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it’s best to invest in the best family law attorney if you are expecting a fight.

Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.

Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.

Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.

Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can’t afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.

To get in touch with an excellent family law divorce lawyer attorney, seek out your local or regional law society or guiding body. These institutions exist, in one form or another, in most western countries and aim to document and accredit genuinely excellent lawyers. That said, you should be wary of false accreditations and ask any prospective lawyers how you might verify their record.

It should be clear by now that finding the best family law attorney does not necessarily mean spending a fortune. In fact, you may find cheaper attorneys ultimately cost more due to extended research time and protracted cases. Ensure that they have a good understanding of the areas of law he may be required to fight, and ask them for an estimation as to the length and complexity of the case they are undertaking.

If you’re looking for an experienced divorce attorney check out Charles M. Green, APLC.

Marketing, Promoting and Advertising Your Business

February 28th, 2020 by admin No comments »

One thing that goes without saying in today’s business world, is that regardless of the nature of your home based business, a website is an absolute MUST. Whether you have a product or service to sell, whether local or global, your business will go nowhere fast if you don’t have an online presence. If you need internet marketing help, you’ve landed on the right article. I’ll give you some home based business marketing ideas that will help you promote your business successfully.

The first step is choosing a domain name and getting it registered. You can build your own website (if you have the time) and host it yourself or you can have everything done by another company (if you have the money). Either way, you have many options and tools at your disposal that can align with your business plan and budget. Also note that you can still start your own home based business even if you don’t have a product or service to sell. There are thousands of individuals and companies that have products you can sell for them while earning a commission, called affiliate marketing.

Of the many business marketing strategies known to man, internet marketing is, hands down, the best strategy to use for promoting a home based business as it is the cheapest method and has the potential for reaching millions of people all over the globe. Driving traffic to your site through online resources is like killing two birds with one stone. You can tackle print advertising by writing articles and publishing them to directories and ezines and by submitting ads to the many available (and most of them free) classified ad sites. Online media advertising encompasses writing press releases and distributing them to press release sites. One of the biggest and most popular online advertising trends today is via social media advertising through sites such as Twitter, Facebook, and LinkedIn where you build relationships with your customers. Forums and communities are also great ways to build relationships which helps promote your home based business in the long run. Simply Google your market or industry with the word ‘forum’ or ‘community’ behind it and search for one or two that seem to be the best fit for you.

All of these methods of online advertising contribute to search engine optimization (SEO), which is to say improving your online visibility and escalating in the search engines like Google, Yahoo and Bing. Your goal is to claim the #1 spot in the organic search results (the results on the left, not the right side which are paid ads). This is where your traffic will come from. If you are 800 in the list of search results, no one is ever going to see your site because very few people have the time or patience to scroll through 800 search results. Research shows that people typically won’t even scroll past 4 or 5 search results, let alone 800.

Can you grasp the importance of internet marketing for any business? If you are new to the internet marketing phenomenon and don’t know exactly where to start, there are many great programs or systems online that walk you through every aspect of marketing your online business. A lot of these systems were created by online entrepreneurs who have spent thousands of their own dollars trying to figure it all out over the years and finally DID. Their sacrifices have made it easier for newbies to become successful at their own online home based business. If you are new to running your own home based business, I recommend you find a great system (do your research, read reviews, ask questions in forums) and start marketing your home business from there. Don’t waste the time and money that so many of us have in going it alone, without a proven system, as it will just set you back further and hinder your progress.