Bergen County Family Lawyer
Legal proceedings regarding family law issues are often contentious and overwhelming. Individuals dealing with these issues are strongly advised to seek the support and guidance of a Bergen County family lawyer. A compassionate attorney can help you navigate all issues in a family law proceeding.
A family law lawyer is able to provide invaluable legal guidance throughout these proceedings. Family law proceedings include cases involving divorce, child custody, child support, paternity, adoption, and domestic violence. Any of these kinds of cases can make life difficult and your family’s future uncertain. A family law lawyer will also typically handle matters that arise even before a couple marries, such as prenuptial agreements.
How Individuals Going Through Divorce Can Benefit from Legal Support
Perhaps the most common situation that calls for a family law attorney in Bergen County is divorce. Divorce and separation from a spouse is a complicated legal process that impacts everything from a married couple’s finances to their parental rights and responsibilities.
Many people do not realize that they have significant rights and responsibilities in a divorce case. There are complicated laws governing child custody, child support, alimony, and equitable distribution of marital property and debts. The laws not only define a spouse’s rights but also outline the factors that the Court must consider when making decisions on all these issues. A lawyer can ensure that your case and evidence are presented clearly and effectively to the Court, so the Court is fully informed to make the decisions it has to make. There are also many rules governing how court procedures work that may not make much sense to someone who is not a lawyer. Missing paperwork, improper filings, and untimely filings can have substantial negative consequences in a divorce case.
Retaining legal assistance can help a divorcing spouse protect their and their children’s futures after the divorce. A divorcing spouse can also benefit from professional advocacy that ensures their rights and interests are protected.
Domestic Violence and Restraining Orders
Family disputes can sometimes escalate to the point of domestic violence. Domestic violence does not just occur between spouses, romantic partners, and coparents. It can also arise between other household members, such as adult siblings, mothers and fathers-in-law, and even roommates. When disputes between members of a household or romantic partners rise to the level of domestic violence, the consequences can be devastating, not just in the short-term but long into the future. Under New Jersey law, domestic violence includes many forms of physical, sexual, emotional, and economic abuse. Domestic violence can also significantly affect the outcomes of related family law matters, including divorce and child custody proceedings.
When a domestic violence complaint is filed, the Court may issue a temporary restraining order against the person accused of domestic violence, resulting in their immediate removal from the home and a prohibition on contacting the person who filed the complaint. If a temporary restraining order is entered, additional proceedings will be ordered, in which the person who filed the complaint is the plaintiff, and the person accused of domestic violence is the defendant. If the plaintiff wishes to proceed further, the Court will schedule a domestic violence trial to determine whether the plaintiff should be granted a final restraining order. Any kind of trial is a stressful and complicated endeavor, involving complex domestic violence laws, Court Rules, and the Rules of Evidence. The stakes on both sides of these proceedings are high, and trying to conduct a trial yourself often results in disastrous consequences. A Bergen County family law attorney at Moskowitz Law Group can assist those seeking representation in domestic violence matters through every step of the process to advocate for them and ensure their rights are protected.
Do I Need an Attorney to Create a Prenuptial or Postnuptial Agreement?
Not every family law matter arises from conflict. Some of the most important steps a couple can take are proactive ones, made before they are married. A prenuptial agreement, signed before a couple gets married, allows both parties to define in advance how assets, debts, spousal support obligations, and many other financial matters will be handled in the event of a divorce. New Jersey law governs how prenuptial agreements are enforced. Certain requirements must be satisfied for a prenuptial agreement to be enforced. Critically, each party must have access to their own independent legal counsel throughout the negotiation process, or knowingly waive their right to legal counsel. That said, even knowing waivers of the right to legal counsel often result in invalidation of prenuptial agreements that one or both of the parties decided to undertake without an attorney. Thus, it is critical for each party to have an attorney for a prenuptial agreement, not only to ensure that everything is done correctly under the law, but to ensure that the agreement is enforced in the event of divorce.
Couples who are already married can still take proactive steps to determine what will happen with their finances if their marriage ends in divorce. For couples who are already married, a postnuptial agreement can serve many of the same purposes as a prenuptial agreement. These agreements are often used to address significant changes in financial circumstances since the time of the marriage, protect assets in anticipation of a divorce, or establish clear expectations within the marriage itself. It is just as important to have an attorney for a postnuptial agreement.
Moskowitz Law Group assists clients in negotiating and drafting prenuptial and postnuptial agreements, helping to ensure that whatever is put in writing is fair, thorough, and fully enforceable under New Jersey law.
Child-Related Issues
Many family court matters concern children. The rights of both parents are equal under New Jersey law; however, the Court decides issues regarding children based on the best interests of the child. Whether the case concerns questions of child custody, payment of support, or modification of an existing order regarding children, the Court will always prioritize the best interests of the child.
A Bergen County family attorney can assist a client in any kind of case regarding children. These kinds of cases can involve establishing paternity of a child, child custody, parenting time, child support, and even adoptions.
What to Expect When You Contact Moskowitz Law Group
Reaching out to a family lawyer for the first time can feel daunting, particularly when you are already managing the stress of a difficult personal situation. At Moskowitz Law Group, the process is designed to be as straightforward and reassuring as possible from the first call. Our firm offers free case evaluations and flexible appointments.
When you reach out, a team member will gather the basic details of your matter and connect you with an attorney. All our attorneys practice family law exclusively. This means that you will receive counsel from a lawyer who regularly handles family cases like yours and is prepared to advocate strategically for your interests, whether through negotiation, mediation, or litigation in Bergen County court. Contact a Bergen County family attorney from our firm today.
