If your spouse suffers from substance abuse or alcoholism, they still have the right to see the children. Of course, this is a stressful situation for the children and the other parent, but legally the parent with addiction issues still has rights despite their struggles. It is understandable that one parent wants to protect their [...]
If your spouse has become abusive and you fear for your safety, you can go to your local police department and obtain a temporary restraining order. This is an order of protection that will prohibit any contact between you and your spouse. In fact, your spouse will be removed from the marital home. In ten [...]
Many people come into my office very hurt and very angry with stories of how their spouse has been unfaithful. The main thing they want to know is, “Can I punish my spouse? Can I get more from the court knowing that my spouse has done something wrong?” Unfortunately, the court does not take fault [...]
New Jersey is very strict about enforcement of child support. However, if a payer spouse is delinquent in support payments, the other parent cannot withhold the children. The children have the right to a relationship with both parents and it is very important that support issues remain separate from visitation. The Salvo Law Firm, P.C. [...]
One question I’m asked at the initial consultation for most of my clients is, “How long does it take to get divorced?” In New Jersey, a contested divorce takes about a year. However, the process consists of many mechanisms that the parties can take advantage of to help settle the case. If you cooperate and [...]
The beauty of a collaborative divorce is that it can be often completed within six months as compared to a litigated divorce. A litigated divorce can take a year or more because you are following the court calendar and the mandated deadlines set by the court. In a collaborative divorce, you work with your team [...]
Unlike child support, there are no guidelines for alimony. Rather, it is based on statutory factors. When determining an alimony payment, courts will examine factors, including the ages of the parties, the educational background of the parties, the health of the parties, and the duration of the marriage. In addition, alimony is paid in several [...]
A collaborative divorce is different from mediation in that in a collaborative divorce you are working with a team of professionals in order to come up with a solution. Each party is represented by counsel. In mediation, more likely than not, the parties work alone with the mediator. The lawyers are either available for counsel [...]
When choosing a lawyer for your divorce, it is important to look at their credentials and experience. In addition to their experience and credentials, it is very important to feel comfortable. This is the person you will be disclosing your personal information to and they will be your advocate. You should come and have an [...]
When custody and parenting time is at issue in a contested divorce, the first step is to attend court-ordered mediation at the court house. The parties attend without their lawyers. If mediation is successful, the court appointed mediator will draft a consent order resolving all issues. In the event they are unsuccessful, the parties return [...]
