Whether you are the victim of Domestic Violence or whether you have been wrongly accused of Domestic Violence, it is important to obtain someone that is experienced in handling Domestic Violence trials. Our attorneys have experience with both trying Domestic Violence cases as well as obtaining favorable settlements for our clients.
There may be various changes or circumstances which warrant modifications to a settlement agreement or Court Order. At Tomasella & Associates, LLC, a significant portion of our practice handles post judgment issues including modification or termination of child support or alimony as well as modification of parenting time.
Generally, the Court determines child custody based upon the best interests of your child. With so many aspects of your child’s future dependent on the outcome of your divorce proceedings, decisions regarding how to proceed with regard to obtaining legal and physical custody must be handled professionally. With our help, you can find a favorable resolution to your custody dispute, whether it be through the mediation process or through litigation and the retention of parenting time and custody experts.
At Tomasella & Associates, LLC, our attorneys personalize their representation to your needs and the unique aspects of your situation when going through a divorce.
Both parents have an obligation to financially support their child. However, it is the non-custodial parent that actually will pay child support to the custodial parent. There are various factors that are considered when calculating a child support obligation. The attorneys at Tomasella & Associates, LLC have significant experience in taking into consideration all of the specific factors of each case when determining support obligations.
Asset and Debt Division
Equitably dividing assets do not always mean assets are divided 50/50. At our law firm, we identify each and every asset of the marriage. If you have assets that are exempt from equitable distribution we will advocate for eliminating them from distribution to your spouse whether it be through aggressive negotiations or the retention of experts for trial.
Family Law Mediation
Our attorneys have acted in the capacity as neutral mediators helping couples come to an agreement upon settlement terms and help them navigate through the divorce process to dictate the terms of their divorce.
During highly contested divorce, there is frequent motion practice and at times emergent motion practice. The attorneys at Tomasella & Associates, LLC. are experienced in not only drafting and compiling substantial motions but aggressively orally arguing your case before the Court.
Listen, getting married can be a very exciting time filled with love and excited anticipation of a future with your loved one. But, it does not mean that you should throw all reason to the wind. If you or your soon-to-be-spouse have either a large number of assets or a number of debts, and you live in New Jersey, it may be wise to consider in advance what you will do about those assets/liabilities just in case anything should happen, and these tips will help you do that.
In New Jersey, prenuptial agreements, which are also called “premarital,” “antenuptial,” “postnuptial,” or simply “prenup” agreements, are contracts made between prospective spouses which become effective upon marriage. If drafted properly, these agreements can save both spouses significant expense and emotional trauma if the marriage comes to an end. Prenuptial agreements also expedite the New Jersey divorce process because they can help avoid the time-consuming process of having a court resolve issues that have already been addressed in the premarital agreement.
Most parents intuitively understand that children need to carry a positive image of each of their parents. Each parent is an integral part of the child, and a child does not divorce either parent simply because parents stop being a couple. Parents embroiled in a difficult separation or divorce, however, can lose sight of this. Some find their view of the other parent deeply tarnished, and then either inadvertently or intentionally impart this negative view to the child. The child may in turn internalize this view, incorporating it into a negative self-image.
Divorce inevitably creates stress and tension for everyone in the family. Children often face difficult adjustments in living situations. When one parent attempts to sabotage their child’s relationship with the other parent, it is the child who suffers the most. Parental alienation prevents children from receiving the reassurance they need—from both parents—to successfully adapt and adjust to their new family dynamics.
New Jersey’s Grandparents’ Visitation Statute allows a grandparent or sibling of a child residing in New Jersey to make an application for visitation. The applicant must prove that the visitation is in the best interest of the child. By its terms, this statute applies to families that remain together, as well as those where separation, death, or divorce have split the family. In making a determination about visitation, the court will consider eight factors:
- The relationship between the child and the applicant;
- The relationship between each of the child’s parents or the person with whom the child is residing and the applicant;
- The time which has elapsed since the child last had contact with the applicant;
- The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;
- If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
- The good faith of the applicant in filing the application;
- Any history of physical, emotional or sexual abuse or neglect by the applicant; and
- Any other factor relevant to the best interests of the child.
A postnuptial agreement is a contract just like a prenup that the two parties enter into with each other. The main difference though is that a postnuptial agreement is entered into after the parties are married, thus “post-nuptial.” Similar to a prenup, a postnup is typically executed for monetary reasons. If one of the parties has a change in jobs or inherits a large amount of money, it is common to draft a postnup to reflect these financial changes in the marriage. Like a prenup, once drafted, the postnup will outline for the parties who is entitled to what share of say the inheritance for example.
Furthermore, I always get asked the question “can we address the issue of child custody in a postnup?” The answer to that question is no, plain and simple. Children are not “assets” to be inserted into such an agreement.
What is required to enter into a postnuptial agreement?
If both parties willingly enter into a postnup, without duress or coercion, it typically will be valid under New Jersey law. A few other requirements will usually include (1) the agreement must be in writing; (2) the agreement must be notarized; and (3) the agreement must be done with fair disclosure between the parties
Post Divorce Family Issues
When parents divorce each other, another sort of divorce occurs between the parents and their children. The primary effect of divorce (and of the parental conflict that precedes the divorce) is a decline in the relationship between parent and child. Immediately after a divorce, most parents have two sets of problems: their adjustment to their own intrapsychic conflicts and to their role as a divorced parent. The stress of divorce tends to weaken and even damage the parent-child relationship for divorced mothers.
Enforcement of Court Orders
Family court orders must be complied with. When an individual neglects his or her child support, alimony, custody or visitation responsibilities, the wronged party can enforce a court order with the help of a Family Law attorneys. Enforcement actions can range from a focused letter to motions that can lead to significant penalties for a person who disobeys a court order.
Our New Jersey Divorce Lawyers can help you pursue enforcement or defend yourself against enforcement actions. We are here to advise you and help you protect your legal rights.
Enforcement of Agreements
If one party does not comply with the terms of an Agreement, that party may be in default. There are various ways the aggrieved party may seek relief, for example, by filing a motion to Enforce Litigants Rights.
Department of Child Protection
Child Protection and Permanency is New Jersey’s child protection and child welfare agency within the New Jersey Department of Children and Families. Its mission is to ensure the safety, permanency, and well-being of children and support families. CP&P is responsible for investigating allegations of child abuse and neglect and, if necessary, arranging for the child’s protection and the family’s treatment. The Child Abuse Hotline (State Central Registry) receives reports of child abuse and neglect 24-hours a day, 7-days a week. Reports requiring a field response are forwarded to the CP&P Local Office who investigates.
Our firm has years of experience dealing with the Department of Children Protection and Permanency (DCPP) which was formerly known as Division of Youth and Family Services (DYFS). Tomasella & Associates, LLC has defended parents and advocated for them.
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