New Jersey Lawyer Blog

Handling Parental Alienation in New Jersey

September 12, 2017 | by Aretsky Law Group

Our New Jersey Divorce Lawyer Discusses the Issue of Parental Alienation

Divorce is often contentious. When one of the parties harbors feelings of anger and betrayal, then it can lead to some degree of parental alienation. When that behavior becomes obsessive, true parental alienation occurs and can endanger the relationship with your child. If you suspect that your child is intentionally being driven away from you, then you need the assistance of a New Jersey parental alienation lawyer.

While New Jersey judges vary in the way they treat parental alienation, they do all agree that it is usually in a child’s best interests to maintain a positive relationship with both parents. Your Aretsky Law Group, P.C., parental alienation attorney will do all that is necessary to protect your child custody and parenting time rights.

Legal Documents to Protect Your College-Bound Children

September 2, 2017 | by Aretsky Law Group

Important Legal Documents to Protect Your College-Bound Children

As thousands of New Jersey parents and their college-bound children prepare for this exciting new experience, few are thinking about the legal documents that could help them continue to protect their children now that they are legally considered adults and on their own. Even for children who will be living at or close to home, it is a good idea to have these documents in place. Doing so can prevent hardship later on.

List of Vital Legal Documents For Your Child

Prenuptial Agreements For High-Asset Second Marriages in New Jersey

August 31, 2017 | by Aretsky Law Group

Prenups For High-Asset Second Marriages in the State of New Jersey

As part of the New York Metropolitan Area, Bergen County is home to many high-income individuals. When these wealthy men and women marry for the second time, it is not unusual for one or both parties to have assets to protect. A good way to accomplish this goal, which is especially important when there are children from a previous marriage, is with a Bergen County prenuptial agreement.

When both parties have substantial financial, real estate, and other assets, the desire for a prenuptial, or antenuptial, agreement is often mutual. In situations where one future spouse has much more than the other, addressing the need for the document may be more difficult. However, the sooner you bring up the subject after making the decision to marry, the better.

Charged with DUI in Passaic County, New Jersey

August 3, 2017 | by Aretsky Law Group

Experienced DUI Lawyers in New Jersey Discuss What You Should Do When Charged with a DUI in Passaic County, New Jersey

We all know that you should not drink and drive. The reality is, however, that people don’t always follow this good advice. Maybe you have a few beers at your friend’s home in Wanaque and assume it’s okay because it’s a short ride home to North Haledon. You might be dining in your favorite restaurant in Wayne and think that a couple of glasses of wine can’t hurt. Or perhaps your co-workers in Clifton suggest an after-work cocktail to celebrate a particularly successful week.

These scenarios seem harmless—until you get pulled over by the police on your way home and are charged with DUI!

Pet Custody in New Jersey Divorce

August 3, 2017 | by Aretsky Law Group

Pet Custody in a New Jersey Divorce

Who Keeps the Dog?

Pet owners going through a New Jersey divorce are often dismayed to learn that their beloved pet, whom they consider a member of the family, will be treated no differently from a piece of furniture or a painting on the wall. In fact, the same is true for divorcing couples throughout the USA.

Can You Still Get a Divorce in New Jersey if Your Spouse Won’t Respond?

July 20, 2017 | by Aretsky Law Group

Your Spouse Does Not Respond to Divorce Papers: Can You Still Get Your New Jersey Divorce?

After months of careful consideration—and procrastination—you decide that divorce is really what you want. You meet with an experienced New Jersey divorce lawyer. After confirming that you have lived in the state for more than 12 months, your attorney then asks you if you have thought about what ground you want to use as your cause of action. When you seem unsure, he explains your options.

Grounds for Divorce in New Jersey

Leaving the Family Home Before Your New Jersey Divorce Is Final

May 22, 2017 | by Aretsky Law Group

If you and your spouse have decided to divorce, your instinct might be to move. Maybe you want to avoid the arguing and bickering that contributed to the breakup of your marriage. If you were the one who initiated the divorce, you might want to alleviate your spouse’s discomfort of having you remain in the house. However, leaving your family home before your divorce is final may not be in your best interests.

Can a Spouse Force the Other to Leave the Family Home?

In a New Jersey divorce, neither spouse has the right to force the other to move out before the divorce is final. Once you are married, both spouses have equal rights to reside in the house until the marriage is dissolved.

Prospective Retirement as a Reason to Terminate Alimony in New Jersey

May 15, 2017 | by Aretsky Law Group

With New Jersey’s Alimony Reform Act of September 2014, the burden of proof in showing why alimony should or should not end with retirement shifted from the payor to the recipient. Before that date the payor had to show why alimony should end at retirement. After that date, it became the recipient’s burden to prove that alimony should not end at full retirement age. The Alimony Reform Act also made it possible for New Jersey courts to consider prospective retirement as well as actual retirement as a reason to terminate or modify alimony.

One of the reasons cited for the change was to give supporting spouses the ability to determine what their financial situation will be upon retirement before making a final decision on when to retire. However, the meaning of the term “prospective retirement” was left open to interpretation.

In April 2016 the concept of “prospective retirement” came before Judge Jones of the Ocean County Superior Court, Family Part, when the case Mueller v. Mueller was brought before him.

New Jersey Divorce: The Importance of a Detailed Parenting Plan

May 8, 2017 | by Aretsky Law Group

Creating a workable parenting plan when your marriage is about to end is crucial. A detailed, viable plan can ensure that your parenting rights are protected and that the needs of your children are met.

By law, all New Jersey child custody and parenting plans must be in the best interests of the child. A qualified NJ child custody lawyer who understands the laws involved can help you create a document that achieves this goal.

What Is a Parenting Plan?

Emancipation in New Jersey: Daughter Sues Divorced Parents for College Expenses

May 2, 2017 | by Aretsky Law Group

New Jersey family law upholds the belief that parents have the responsibility to provide their unemancipated children with support for a college education to the best of their abilities. The Appellate Division of New Jersey recently published a decision that dealt with the question of whether or not the divorced parents of a child who left home at 19 should be obligated to pay her college costs.

Emancipation and Child Support in New Jersey

Emancipation is a legal act that serves two purposes: