New Jersey Lawyer Blog

Family Lawyer Bergen County: Prenup 101: part 4- independent counsel

May 15, 2012 | by Aretsky Law Group

As divorce attorney Bergen County we often represent people in creating prenuptial agreements. Did you know that if you don’t each have your own lawyer when drawing up your prenuptial agreement, it will be unenforceable? In creating a prenuptial agreement, both parties must have independent counsel. Many couples are under the impression that they can have only one attorney represent the both of them. Of course engaged couples would like to save legal costs, and hiring attorneys adds up. The courts require, however that each person have his or her own legal counsel. When you retain an attorney, they will only be able to represent one of you, and are required to advise the other party to get their own lawyer. By having proper representation and following the recommendations of your attorneys, you can make sure that your prenuptial agreement fairly represents both party’s interests, and that it is one that will be upheld in court should you ever get divorced.

Family Lawyer Bergen County: Prenup 101: part 3- children

May 13, 2012 | by Aretsky Law Group

Are you planning to sit down with a family lawyer Bergen County before your marriage to create a prenuptial agreement? Children, whether born before or during the marriage, cannot be part of a prenuptial agreement. Issues relating to custody, visitation, and child support have to be settled at the time of a separation or divorce, not before. The reason for this is that the court uses the child’s best interests, not agreements of the parents, to set custody and child support. Because many circumstances regarding a child’s interests will change during a marriage and in the case of a divorce, none of these matters are allowed to be settled in a prenuptial agreement.
However, some parenting issues may be made easier if your financial agreements have been settled ahead of time in a prenup. Not having to settle these things through a court process if you get divorced may free you to focus on your parenting issues, reducing the stresses on you at that time. The court will look at a number of issues in determining the best interest of the child including financial, emotional, educational, geographical, and other factors.

Divorce Attorney Bergen County: Prenup 101: part 2- enforceability

May 11, 2012 | by Aretsky Law Group

A family lawyer Bergen County can help make sure your interests are protected in your prenup, and that the agreement you make is one that will be enforceable in court. An oral contract is not sufficient. The agreement has to be in writing to be enforceable. Its important that both parties fully disclose their circumstances in the prenup and in the attached statement of assets. If someone is not honest or forthcoming in this process, the contract may be unenforceable.

In determining whether or not to honor a prenuptial agreement, the court will consider whether the process for coming to it was fair. If either party unfairly manipulated the process, the contract may not be honored. For this reason its wise to consult an attorney in creating the prenuptial agreement. Ultimately, the contract is yours and the two of you must agree to it together and have it notarized for it to be valid.

Family Lawyer Bergen County: Prenup 101: part 1

May 9, 2012 | by Aretsky Law Group

Many couples choose to consult a family lawyer Bergen County to create a prenuptial agreement before getting married. A prenuptial agreement, sometimes called a premarital agreement, antenuptial agreement, or “prenup” is a contract used by a couple to determine what each party’s rights and obligations will be if they ever get divorced (or sometimes if one party dies). A prenup may also used to protect property during the marriage, or protect one party from their spouse’s debts.

The written agreement can be drawn up with an attorney to include things like spousal support or the division of assets, should you get divorced. It may identify certain conditions that would be different should the marriage ever end because of adultery.

If you are engaged, having a good prenuptial agreement can provide security for you, knowing that you will not have to go through the financial and emotional strain of settling these things in court if you ever get divorced. The contract goes into effect once you are married.

Child support: How to find the latest info on your case

April 30, 2012 | by Aretsky Law Group

Our Hackensack divorce attorneys can help you if you believe your child support amount is unfair for any reason, if your ex has hired an attorney, if you have a business or other assets to protect, or if your ex is avoiding paying child support. Child support issues are not always simple. They are one of the most common causes of dispute in a divorce.Before you come to your first visit with an attorney, its helpful to have the latest information about your child support case . You can find your child support information on the state website: http://www.njchildsupport.org/# You can also call the New Jersey Child Support Information Line at 1-877-NJKIDS1, or visit your local office. The Bergen County Child Support office is located at 133 River Street, Hackensack, New Jersey, 07601 , and can be reached by phone at (201) 527-1200.The highly qualified Bergen County lawyers at Aretsky & Aretsky provide experienced, caring, and aggressive representation in the areas of Divorce, Criminal Defense, Employment Law and Personal Injury with offices in: Bergen County, Hackensack, Ridgewood, Mahwah, Fort Lee.

Divorce lawyer reveals how to obtain a restraining order

April 28, 2012 | by Aretsky Law Group

If your spouse has hurt you or threatened to hurt you, intentionally damaged your property, or repeatedly contacted you in a way that is annoying or intimidating, you may be able to get a restraining order against them. Our law firm serves many Fort Lee family law clients around these and other family law issues. A restraining order can require your spouse to do a of a number of things including: prohibit them from contacting you or others named in the order, from continuing the abusive behaviors, or from possessing a firearm. It can give you sole possession of the home you both live in, require them to pay for certain expenses, require them to undergo counseling, or other relief that you request for yourself or your children. If your spouse is being abusive, your family law attorney will help you collect the documentation you need of the abuse to get a restraining order. Your attorney can help you to decide what the order will compel your spouse to do or stop doing to keep you and your children safe. You may want to ask your attorney about pursuing criminal charges against your spouse.The highly qualified Bergen County lawyers at Aretsky & Aretsky provide experienced, caring, and aggressive representation in the areas of Divorce, Criminal Defense, Employment Law and Personal Injury with offices in: Bergen County, Hackensack, Ridgewood, Mahwah, Fort Lee.

Three good reasons to seek an employment law attorney

April 25, 2012 | by Aretsky Law Group

As Bergen County employment law attorneys, we encounter all kinds of New Jersey employment concerns, from simple to unusual and complex.Here are some of common employment concerns that necessitate an attorney:1. Contact an attorney anytime you believe you were discriminated against on the basis of your race, nationality, sex, marital or domestic partnership status, age, medical condition or disability, or other protected status. Discrimination is always wrong , and an attorney will help you fight for justice and the compensation you deserve.2. You were not paid at least New Jersey minimum wage of $7.25 an hour for all the hours you worked. If you’ve been paid improperly, our employment attorneys in Bergen County can help you recover your wages.3. Workplace harrassment: No employee should ever be subjected to the hostile work environment created by sexual or other workplace harassment. Unlawful harassment can include unwelcome verbal conduct, such as racial slurs or offensive comments about the sexual orientation, religious dress, or disability of an employee. If you are a victim of unlawful harassment or discrimination, a Bergen County employment lawyer can help protect your employment rights.The highly qualified Bergen County lawyers at Aretsky & Aretsky provide experienced, caring, and aggressive representation in the areas of Divorce, Criminal Defense, Employment Law and Personal Injury with offices in: Bergen County, Hackensack, Ridgewood, Mahwah, Fort Lee.

Timeframe for New Jersey divorce

April 23, 2012 | by Aretsky Law Group

Once they have made the difficult decision to get divorced, most people want it to be over as soon as possible. (If you are looking for a Ridgewood divorce attorney, see our website) The good news is that New Jersey does not have a waiting period for divorce, like some states do.If you have a simple case, no children, and few assets; or if you and your spouse are lucky enough to agree about most of the matters of the divorce; it could be all over in as soon as 2-3 months.For many divorcing couples, things are more complicated. While the dissolution itself doesn’t take long, things like parenting and dividing your assets can take longer to settle. Your attorney’s first priority is to make sure your interests are best represented in the final decision and that the process is fair to you, but they will also advise you on how to get it done as quickly as it can be.The highly qualified Bergen County lawyers at Aretsky & Aretsky provide experienced, caring, and aggressive representation in the areas of Divorce, Criminal Defense, Employment Law and Personal Injury with offices in: Bergen County, Hackensack, Ridgewood, Mahwah, Fort Lee.

Debate over Alimony and Child Support laws heats up

April 15, 2012 | by Aretsky Law Group

Check out this article from The Jersey Journal about the debate over proposed law changes:Is alimony antiquated? Should child support depend on ability to pay?

“There’s a chorus of people shouting that alimony is a leftover from an earlier society and awards are arbitrary and unfair. They don’t complain as loudly about child support, but there’s a growing demand for amounts to be modified when payers hit economic hardships. Couples often wrangle over payments before, during and after their divorce, and few judges enjoy hearing their griping and sniping. In this not-so-great economy, complaints have grown even shriller and more frequent. Assemblyman Sean Kean of Monmouth County introduced legislation that already has been approved unanimously by Judiciary Committees in both houses of the Legislature. It would allow courts to modify child support and alimony payments when circumstances change. That means courts could lower payments if the paying spouse or parent lost a job or suffered some other significant decline in income lasting six months or more. Only if the income reduction wasn’t deliberate, of course….”

The highly qualified Bergen County lawyers at Aretsky & Aretsky provide experienced, caring, and aggressive representation in the areas of Divorce, Criminal Defense, Employment Law and Personal Injury with offices in: Bergen County, Hackensack, Ridgewood, Mahwah, Fort Lee.

Welcome to Our Official Blog

March 29, 2012 | by Aretsky Law Group

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