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Family law covers several legal matters, which can include separation, child custody, dividing property and assets, child support, alimony, child visitation, divorce, settlement agreements, and more. It can be a challenge to navigate. That’s why you need a dedicated and experienced Hackensack family lawyer on your side.
The Montanari Law Group has represented many clients in Hackensack and the surrounding areas. Our attorneys have over 20 years of experience in various legal fields, including family law. We have a compassionate, yet tenacious team that can fully represent your case. Our firm provides individualized support and strategies to safeguard our clients’ rights.
Family law disputes are handled by the New Jersey Superior Court in each of the twenty-one counties across the state. In Hackensack, this would be the Superior Court of Bergen County in the Bergen County Justice Center. The legal field of family law encompasses various legal matters affecting the family, such as:
A family law dispute can arise from several issues, including:
Separation is the first step when you’re contemplating divorce. There is no “legal separation” in New Jersey, but that doesn’t mean you shouldn’t have a written agreement with your partner. Drawing up a preliminary separation agreement is beneficial, as it can reduce conflict if you enter divorce proceedings. Assuming you and your partner agree to the terms and have it notarized, a Hackensack family attorney can submit it to the courts on your behalf.
According to the New Jersey 2023 Domestic Violence Report, there were 70,828 reports of domestic violence across the state. The same report states that children witnessed 24% of these incidents. The Domestic Violence Manual was recently amended, and all judicial staff and the police force were retrained on the updated statutes.
A Domestic Violence Central Registry was created by the NJ Prevention of Domestic Violence Act of 1991. This registry records all offenders and notifies victims when they are released. Increased civil penalties and surcharges were also part of the amended statutes.
Domestic violence comes in many forms, including:
A child’s parents, regardless of marital status, are responsible for the appropriate care of their child. When family conflicts arise and the family dynamics are interrupted through separation, both parents are responsible for the mental, emotional, medical, and physical welfare of their child. This is how the New Jersey Child Support Program defines child support.
The family courts follow specific guidelines to calculate sufficient payments to meet the child’s needs. The judge reviews the income and expenses of each party, along with their ability to work and provide for the child.
After the amount of child support has been determined and the court order is in effect, the Child Support Enforcement Agency collects the payment on the custodial parent’s behalf. Then, the payment is distributed to the custodial parent. Each county across the state has an office to make sure cases are thoroughly reviewed and handled appropriately.
Entering a marital relationship isn’t to be taken lightly. It’s one of the most important decisions you will ever make. Even after years of knowing a person, many couples opt to have prenuptial agreements. This document establishes an agreement on several key issues, such as asset ownership and finances.
The benefits of having a prenuptial agreement are twofold. The first advantage is that having this prior arrangement could diffuse conflicts later. Relationships can change throughout the marriage, and this agreement recognizes that reality. Second, a prenuptial agreement includes terms regarding your individual property before you get married.
The cost of a family lawyer in New Jersey can vary for several reasons. First, attorneys usually charge an hourly fee, which is usually based on their experience and degree of knowledge. The complexity of your case is also a determining factor.
For example, if your case is considered a “contested” case, your legal fees could be significant. However, you may pay less if you and your partner already have written agreements and your case is “uncontested.”
The biggest mistake in a child custody battle is losing sight of what really matters, which is the safety and welfare of your child. Many times, parents become selfish and can act spitefully toward their soon-to-be-ex. For instance, they may withhold parenting time or change plans at the last minute. These actions do not promote a positive environment for your child. They could even cause long-term effects that damage your child’s relationship with their other parent.
No, you are not legally required to have a lawyer for family court. However, it is in your interest to hire a family lawyer who is familiar with local courts and an experienced negotiator within the New Jersey Family Court system. Having a family law attorney on your side can alleviate stress, aid in filing the necessary paperwork, and expedite your case through the court system.
To prepare for your family law case, you’ll need to do a few things. First, determine if separation or divorce is right for you and your family. Next, you need to gather the required financial documents so that the courts can assess your income, investments, and debts. Then, you want to write a rough draft of a property agreement, along with a child custody agreement if you and your partner have children from the relationship.
Family matters are unique to the family and its dynamics. If you are overwhelmed with your situation, contact our law firm to schedule a consultation. The attorneys here at The Montanari Law Group are skilled negotiators. We can assert your rights during these challenging times. Contact us today to set up a consultation.