Custody and Parenting Time Attorneys Monmouth and Ocean County NJ
As part of the divorce proceedings, a couple with children will prepare for a custody hearing to legally determine whether the couple will share custody, or whether one parent will have sole custody.
What is the difference between physical and legal custody?
Parents with legal custody can make legal decisions on behalf of their children, such as medical decisions and schooling matters. If parents have joint legal custody, both can legally weigh in on those matters that impact the child. If there is a major difference of opinion, the agreement is set up so that the courts can resolve the matter. A parent with physical custody means that the child lives with them. Parents who have joint physical custody share the time living with their child either through nesting, in which the child lives in the marital home, and the parents switch off; or the child moves to the homes of either parent during the set time.
What is a parenting time plan in a New Jersey custody agreement?
A child custody arrangement is set up in the best interests of the child. In New Jersey, regardless of the amount of time a parent spends with their child as outlined in a shared custody agreement, whether or not they are the custodial (live-in) parent or the non-custodial parent, the court system refers to this time as “parenting time.” Co-parents can structure this time in any way that works for them. Examples of parenting time shared custody arrangements include
- Shared Physical Custody: In this agreement, each parent spends an equal amount of time with their child. Traditionally, this looks like alternating weeks; however, some children fare better with shorter time periods away from either parent, and some fare better with the stability provided by physically remaining in one parent’s home for longer, such as a month at a time.
- Residential Parent and Alternate Residential Parent agreements: In this case, one parent is the primary custodial caregiver of the parent. The other, or ‘alternate,’ has a more traditional schedule of visitation, spending every other weekend, perhaps, with the child, as well as partial summer vacations.
- Sole Physical Custody: As one could imagine, when one parent has sole physical custody, the other parent is strictly limited in the amount of parenting time they are allowed to spend with the child. Depending on the conditions of the sole custody ruling, these visits may even be supervised. New Jersey Family Part court tends to lean toward both parents having some form of contact with the child, even if it must be supervised.
Are time frames each parent has custodial rights written into the custody agreement?
In the case of both joint physical and joint legal custody agreements, there are clauses written in that determine the amount of time each parent has with the child. This could be laid out as a schedule in addition to a percentage time frame. Because a custody agreement is a legally binding, each parent by law must abide by the time constraints ordered by the court.
Can a parent be penalized for breaking a New Jersey Parenting Plan?
If either parent strays from the court-ordered schedule, they are legally in breach of the law and can be penalized. This could play out in civil court or criminal court depending on the conditions of the breach. If the deviance from the court order is severe, such as removal of the child from the home and travel to an undisclosed location or a location outside of New Jersey, the parent could be arrested for kidnapping and face criminal charges.
If one parent is in breach of the parenting time schedule built into the custody agreement, the other parent has the legal right to request enforcement of the current custodial order from the New Jersey court. In addition to determining whether civil or criminal legal action needs to be taken out against the law-breaking parent, the court may also rule that the petitioning parent receives some sort of compensation for the time lost with their child, which may temporarily shift the legally mandated parenting time schedule.
Having the support of an experienced New Jersey divorce attorney during the process of negotiating the parenting time schedule with one’s ex and their legal team, as well as in the case of a breach of the agreement, is important to ensure that your rights and the wellbeing of your child are met.
Seasoned Custody Attorney protecting the rights of you and your children
At Peter J. Bronzino, our New Jersey divorce attorneys are skilled in supporting families across Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey as they undergo the process of negotiating custody agreements and parenting time schedules.
Our direct approach ensures that the best interests of the child and the rights of our parent clients are met in compatible ways.
Brick NJ Divorce Attorneys identify and fight for what is important to you
Educating Clients in financial issues throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey
Although not always expected, divorce or civil union dissolutions are more acceptable today than in the past, but when deciding child custody, child support, distribution of marital property, or alimony things can become more complicated. Some things are easily negotiable, and other things just aren’t. That’s why it’s a good idea to speak with an experienced family law attorney before you enter into negotiations with your spouse or partner. That way you’re aware and better prepared as to what your negotiating points and areas of compromise are.
Divorce can significantly impact your physical, psychological, and emotional well-being and fighting for certain assets may end up end costing more than they’re worth in legal fees.
Creating a foundation for a property settlement agreement generally means you have some flexibility, and you and your legal counsel can negotiate various creative solutions designed to specifically address your unique needs and those of your children if you have any. At the end of the day, some things just aren’t all that negotiable, and it’s worth considering which efforts are worth your time, money, and energy.
If you are considering a divorce, or are currently going through a divorce, look no further than the Bronzino Law Firm. We handle all family law and divorce-related matters, including post-divorce modifications for clients across Ocean County and Monmouth County.
For many Ocean County and Monmouth County residents, Attorney Peter J. Bronzino has been that dependable and tenacious advisor. Peter Bronzino personally handles all divorce case, prides himself on keeping his clients informed and involved in all matters, and is ready and willing to speak with you however is most convenient including e-meetings and Facetime.
9 Things Worth Fighting For When You Divorce
- Child Custody
- Child Support
- Childcare, Medical Expenses, and Extracurricular Activities
- College Expenses
- Alimony & Spousal Support
- Business Valuation of Family Businesses
- Martial Home and Other Properties
- Marital Debt
- Equitable Distribution of Retirement Assets & Pension Benefits
Is it worth it? The True Cost of a Contested Divorce
A contested divorce – where the spouses disagree on the settlement terms or the divorce itself – can cost you tens of thousands of dollars. Your legal counsel can provide useful insight about the value of the items in question, and if it’s necessary to go to court over them. Their insight is designed to guide you through your divorce as quickly and inexpensively as possible.
Contact an Ocean and Monmouth County Divorce Attorney Today
As you can see, there are a great many issues to decide, and if necessary, fight for when settling a divorce. Even in an uncontentious or uncontested divorce, the sheer amount of paperwork, court document filings, and procedures to follow can be overwhelming, especially if you are working a full-time job.
Family Law attorney Peter J. Bronzino has extensive experience helping clients with all divorce-related matters across Ocean County, NJ including Brick, Jackson, Toms River, Wall, Ashbury Park, and Point Pleasant.
Our experienced full-service New Jersey law firm does not offer a one-size-fits-all-divorce strategy. Instead, we get to know the people we represent, determine what is most important to them in the divorce, then work with them to develop a strategy designed to meet their individual goals and needs.
With experience handling high-net-worth divorces involving the division of family-owned businesses and properties as well as diverse investment portfolios, Peter Bronzino has the experience and legal knowledge necessary to help you with any divorce issue.
Post-Divorce Housing Monmouth and Ocean County Family Law Attorneys
Providing Assistance to clients dealing with Post-Divorce Issues throughout Monmouth and Ocean County towns such as Toms River, Point Pleasant, Asbury Park, Spring Lake, and all of Eastern New Jersey
The process of divorce is a complicated one. Throughout the separation proceedings and into the transition into your new life, it is important to consider specifically the effect that your divorce will have on the other aspects of your life. One such consideration is whether to buy a home after you and your ex have decided to sell your marital home. Is it a better idea to buy or rent after a divorce? What type of house, apartment, or condo is appropriate; and what is there to consider when making that decision? Read on for support in your transitional process of moving into your own home after a divorce.
What is my budget for post-divorce housing?
An obvious consideration after divorce is your budget. After a divorce, there are expenses that didn’t exist prior, and one household budget has now been split into two and must sustain two households. Your divorce attorney in concert with that of your ex-spouse has helped you draw up a budget schedule, and you can use those figures to determine what you are reasonably able to spend monthly on a mortgage or rent. There will likely be additional expenses to consider if you purchase your own home, apartment, or condominium. As such, take into account the following inquiry.
Renting vs Buying a Home Post-Divorce
Because there is so much going on financially, physically, mentally, and emotionally during a divorce and its immediate aftermath, setting yourself up for success regarding your new home and giving yourself plenty of time to process and plan for the next chapter of your life is important. When it comes to homeownership or rental, consider the following:
- Can I afford to buy a house or condo, given that I will be responsible for maintenance costs that will inevitably arise?
- Do I have a financial source of income at this time that will allow me to put a down payment on a house and sustain the monthly mortgage, or is it wiser to rent for the time being and stabilize myself in my new life before moving toward homeownership?
- Is my credit up to par? Will I need to make smaller purchases and stabilize my income to build credit, or am I financially capable to enter the system of homeownership?
- What are my goals for the next year, five years, and ten years? Given my personal development goals, does it make more sense to rent or own at this time?
- How will my children be affected by my choice to rent or own? Is it in their best interest for me to rent -in order to be near them, for example – or buy in a more affordable and personally-aligned area?
As far as maintenance is concerned, remember that purchasing a house will include much more maintenance than purchasing a condo or renting, given the larger area including the outdoors. Make a decision that is aligned with the amount of time, energy, and money you are interested in investing in your home.
Choosing a place to live after divorce
A community, like family, turns a house into a home. As such, one of the most important considerations to make after a divorce is where to put roots. If you have children, their well-being comes first, and in a shared custody agreement with your ex-spouse, you will want to ensure that your home allows for your children to stay put in their current, quality school, if possible, and travel between the two homes with relative ease. This could mean staying in the same community as the marital home or moving to a nearby town. This is especially possible in New Jersey, in which there are many lovely townships close to one another but that allows for diversification of community.
When making the decision to rent or buy, be gentle with yourself and take your emotional needs into consideration. Is it more important for you to be near your friends with whom you were close during the marriage, or is it important for you to make a fresh start and find your own sense of belonging without the potential baggage of the past? A healthy balance between the two may be the most nourishing option. Give yourself plenty of time and space to reflect on what you want to cultivate in your future relationships, and then scout out a community that has those elements, whether that is the same community in which you were living with your ex or a new scene altogether.
Retain an Experienced Post-Divorce Attorney helping clients from Asbury Park to Toms River and across the Jersey Shore
Peter J. Bronzino, our divorce attorneys are experienced in supporting separating partners Spring Lake, Brick, and all of Eastern New Jersey in all divorce and custody matters.
Our direct approach handles communication with all involved parties and represents the best interests of their children and amicable separation, so our clients can focus on aligning themselves with their future.
The Family Home and Divorce Lawyers Monmouth and Ocean County NJ
Helping divorce clients throughout Monmouth and Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey
A divorce is a destabilizing event for all involved. In the case that the couple has children, that effect is amplified, as the emotional attachments developed in a home are difficult to let go of in the transition out of the traditional family structure. Because the home is likely the largest asset a couple shares, and its value is not only financial but also emotional, the decision about what to do with a home is a big one. Depending on the nature of the split and the relationship between the exes during the divorce, deciding what to do with the family home can cause emotional and financial upheaval that a divorce attorney can help mediate.
What do I need to keep in mind when I’m considering whether to keep the house in a divorce?
Even if it is mutually decided upon, there are many factors that need to be considered before stepping up to keep the home in a split. One of the most important – and yet most difficult – things to keep in mind is that all decisions regarding the division of assets would best be done objectively. For this reason, getting support for mediation is often a wise decision in the asset division process.
What is your reason for wanting to keep the home? If it is strictly emotional, it would be wise to take a full inventory of the pros and cons of keeping the home.
What are your financial capacities, and do the costs of house upkeep – including mortgage, insurance, property taxes, and repairs – make sole ownership of the home a worthy and sustainable investment?
What is the family’s financial position, and as such, what will be the interchange? What will you have to give up in order to get the home? It is unlikely that an ex will hand over the home without some interchange. Some common things you may need to be prepared to give up your rights to your ex’s pension or other marital assets like land, cars, or savings accounts and other equities. With the support of a divorce attorney, review your family’s finances in order to have a well founded view of what an even exchange would be for full ownership of the home.
Is home co-ownership an option?
In a situation known as nesting, children stay in the family home and divorced parents take turns in the home with the child. This is especially effective for young children in order not to destabilize their routines, and for children who attend quality neighborhood schools. In some cases, one parent moves out of the home, but the couple continues to co-own the home so that their child can continue to attend school in the house’s school district.
Aside from the obvious benefit of providing a stable home for the children, there are financial benefits to co-ownership. First and foremost, there is no need to refinance the home. The financial upheaval of division of assets is, for this reason, somewhat tempered. However, one must take into clear account what it will mean to continue to be in a relationship with your ex in order to make a situation like nesting, or even co-ownership in the absence of one partner. A mature and communicative relationship is a necessity for any co-ownership agreement.
In the case that the couple decides to split their shared assets within the home, good communication and organization are key to ensuring that the property is distributed with discernment. Schedule a time to tour your home with your spouse to make a list of each shared item. One tactic is to record this list in a computer or technological advice so that you can add the items it is easy to split at the top. When the list is complete, this will allow for a conversation to easefully commence, separating items and appraising their value. Then move on to items that are more difficult to part with for each party. Don’t rush decision making. This could be a rolling process. The important thing is to approach joint decisions such as this one from a place of calm, collaboration, and objectivity.
Experienced Divorce Attorney Handling Amicable and Fair Separation
Peter J. Bronzino, our divorce attorney is experienced in supporting New Jersey couples across Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey in an amicable and fair separation.
Our unique approach focuses on ensuring that the financial and emotional needs of each partner in the split are met and that the family experiences as smooth a transition into their new lives as possible.
Dividing a Family Business in Ocean and Monmouth County Divorce Cases
Educating Clients in financial issues throughout Ocean and Monmouth County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey
When family business owners begin the divorce process, frequently their concerns are about their financial future and how their assets will be divided. New Jersey is an equitable distribution state. This means that all assets are divided in an equal manner. But it does not mean necessarily that all assets will be split 50-50. If one spouse owns a business before marriage or inherits it, any profits made during the marriage will count as marital property if the increase in profits was a direct result of the active participation of the spouses during that time. In an equitable distribution state like New Jersey, there is no fixed formula for dividing marital assets. This means that acute negotiation skills and knowledge of complex laws are a must in order to reach a fair settlement.
The Bronzino Law Firm has a great deal of experience facilitating a fair and equitable agreement regarding the division of a family business in a divorce. Divorce can be painful and determining who gets what can be exhausting and complicated. Let our knowledgeable team of attorneys guide you through the process to assure you the fairest settlement.
Will I have to give up 50% of my business holdings in divorce?
Not necessarily. Equitable distribution does not always mean a 50/50 split of business assets. Several factors are taken into account such as the length of the marriage, how old each spouse is and whether or not he/she will be able to maintain a similar standard of living as was experienced during the marriage. Any education or special classes that a spouse will need to earn money on their own will also be contemplated.
Also, if one spouse put aside their career or contributed to the marriage through further education or training and a higher salary. The amount of time and money put into the business by each spouse is also important as well as whether or not the business was established before the marriage.
Are some factors more important than others when dividing a business?
Some judges place more emphasis on the length of the marriage and marital lifestyle. For example, spouses ending longer marriages have usually contributed more significantly to a standard of living and given up more individual opportunities to work or study.
How does Equitable Distribution work?
There are three steps:
1. Identify marital property.
Marital property includes assets and debts accumulated during the marriage. Any property or business acquired before the marriage or as the result of an inheritance or gift isn’t included. A spouse who claims that any property the couple owns at the time of divorce is exclusively theirs will have to provide the documentation to prove it. This can be difficult, as separate and marital property are often combined. For example, one spouse might sell a business before the marriage and then transfer the money to a joint bank account during the marriage.
Distinguishing marital property from separate property can be complicated. If you and your spouse disagree about whether a specific property is separate or marital, ask an attorney for advice.
2. Determine the Value of marital property.
When a division of assets is required, the business is assigned a “fair market value” which is equal to the estimated amount of its worth if it were sold. Sometimes real estate specialists or business appraisers must be called in to make a fair judgment. The court also accepts the financial records of a business to demonstrate annual profits. Tax returns are frequently included as well.
3. Distribute Marital Property
There are many options in the distribution of marital assets. A couple can decide to co-own the business and continue working together. If the divorce is amicable, this is a good option. Another option is to sell the business to a third party and divide the proceeds after debts related to the business have been paid. A third option is for one spouse to buy out the other. Typically, this option can be challenging due to a lack of liquid assets belonging to one spouse which would be necessary for the buyout.
This looks complicated. What should I do?
The first thing you should do is not panic. The process of going through a divorce is complicated and can be confusing. You need a family attorney with the experience and knowledge to guide you through the process and make sure your assets are fairly distributed. There are many factors to consider and other experts may be needed. At the Bronzino Law Firm, we are prepared to make your transition as smooth and expeditious as possible.
Consult with a Divorce and Business Valuation Attorney in Brick or Sea Girt NJ Today
At the Bronzino Law Firm, we are ready to help you with your divorce settlement concerns. Let us help you obtain a division of assets that is fair to both you and your spouse. To speak with our offices today in a free consultation about your divorce, fiances, and division of a family business issues, please contact us online or through our Brick or Sea Girt offices at (732) 812-3102.
Shopping Addiction Impacts Marriage and Divorce Lawyers in Brick NJ
Educating Clients in financial issues throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey
Few would argue that there are few things more corrosive to a marriage than addiction. Whether it be drugs, alcohol or even gambling addiction tears at the very fabric of a marriage. However, there is one addiction that often goes understated or even ignored completely yet it can be as damaging as any of the other aforementioned and more well-known addictions. This is a shopping addiction which is also known as Compulsive Buying Disorder. For the estimated 5.8% of the U.S. population with Compulsive Buying Disorder, the annual Black Friday shopping kickoff often becomes a trigger for a shopping addiction bender.
Compulsive shopping can be difficult to spot but can do severe damage to your marital finances and results in empty bank accounts, declined credit cards, repossessed cars, or even home foreclosure. According to an article by marriage.com, financial woes rank as a top cause of divorce. It is important to recognize this addiction before your spouse’s shopping addiction threatens to place your marriage in financial jeopardy.
What is Shopping Addiction and how should it be handled?
Compulsive buying disorder should not be confused with someone who just occasionally spends too much money. Compulsive buying disorder is when a person simply cannot stop making purchases even when they are far beyond their financial means. The pleasure of obtaining goods becomes like a narcotic and often people who suffer from this addiction will need to acquire things in order to feel good. Here are some useful tips that can help you, your spouse and your marriage:
- Treat compulsive shopping as an addiction because it is one. Compulsive Buying Disorder is defined as a dysfunctional way of managing difficult feelings, similar to eating disorders or alcoholism and is commonly associated with depression, anxiety, bipolar disorder, and OCD.
Warning signs of a shopping addiction include:
- Chronic spending of more than they can afford
- Constant shopping as a reaction to unpleasant feelings such as anger or depression
- Spending or shopping so much that it harms your relationship
- The loss of control of shopping behavior
- Defensive or aggressive behavior when asked about shopping habits
- Secretive behavior connected to shopping such as lying about going shopping or making online purchases, hiding new items, hiding bills, the use of secret credit cards, hiding packages that come in the mail.
The financial clues of excessive shopping include maxed out credit cards, unusual and excessive activity on bank accounts, tapping into retirement and savings accounts to cover shopping sprees, unpaid bills, collections and bad credit, loan defaults for nonpayment, poor credit, home foreclose and bank repossession.
- Seek professional help. Consultation with an addiction specialist psychiatrist or therapist is typically an important first step for diagnosis and screening for other underlying mental health issues. Intensive individual therapy is often very beneficial for bringing the addiction under control. A therapist can help teach the shopper to be aware of triggers, learn techniques to assist with emotional regulation, as well as help individuals develop coping skills that can be used instead of shopping.
- You should not allow your spouse to face the challenges of this addiction alone. It may be prudent to consider couples therapy. Because shopping addiction is often so secretive, when you do realize the extent of your spouse’s shopping addiction, the betrayal can destroy marital trust every bit as much as romantic infidelity. Marriage counseling is often a safe place to work through your spousal issues and gain clarity into the best next steps for you.
- Working with an attorney to create a structured spending plan is often helpful and effective. Due to the fact that compulsive shopping is an impulse control disorder, the shopper may initially need to have limited access to funds, and no personal access to savings accounts, retirement accounts, investment accounts or credit cards. The spouse, or another designated person, can give the shopper a monthly allowance. It is important that the spouse who is suffering from addiction knows that these measures are taken out of love and not out of a desire to limit their freedom.
An attorney can draw up an agreement that the two spouses agree to abide by until the addicted spouse has successfully completed treatment. Working out an agreement takes the burden off the other spouse of being the “bad guy” about money. Furthermore, your attorney may also recommend putting a post-nuptial agreement in place for further asset protection.
Dealing with a Shopping Addicted Spouse? Contact Us At Our Brick Or Sea Girt Office Locations
If you or a loved are suffering from Compulsive Buying Disorder and would like legal advice for setting financial limits on spending, at Peter J. Bronzino, our team of attorneys is experienced in supporting our clients through all types of legal proceedings and agreements in Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey. No matter your situation you don’t have to confront it alone.
Discuss Child Custody-Related Challenges with a Brick and Sea Girt Family Lawyer
Bronzino Law Firm educates and guides parents through child custody matters that can become some of the most contentious issues addressed in Ocean and Monmouth County NJ family court
Child custody battles often leave scars that may take years to heal if ever. Despite this custody battles are sometimes unavoidable in situations where you expose a safety risk to your kids, if your ex is obstructing your visitation time or if co-parenting is next to impossible. Through mediation and other forms of low conflict resolution is preferred whenever possible, in many cases going before a judge maybe your best option for safeguarding your relationship with your child, and in some cases, the very safety of your child.
Whether you are the initiate or respondent to litigation it is important to know what you’re fighting for. It is critical to enter court with compelling evidence and clear goals. For example, if your ex has been denying you access to and visitation with your child you will need to provide the court with evidence that shows the parenting time that was purposefully blocked or interfered with.
Define your Goals and Remain Focused on the Children
Moreover, your goals entering any proceeding must be clear. Are you seeking sole or primary custody and if not how much parenting time does you feel you will need to be able to meet not only your child’s but your emotional needs. You should be able to back this information up with an unambiguous statement to the judge that you’re there because you want your current parenting time plan to be enforced or that you need changes to be made. It is critical to stay focused on your main points and not wander into other issues that may not be relevant.
Expect the Worst from Opposing Counsel and Document any Poor Parental Behavior
Given the raw emotion involved in child custody cases, you should expect that things could get ugly. Depending on the nature of your battle, you may need to face assertions from opposing counsel that are at best unflattering to you and your parenting, and at worst, completely untrue. Despite this, you must stay calm and work with your attorney to provide evidence to refute any invalid claims. On the other hand, you will have to truthfully document all your ex’s parental shortcomings to bolster your claims and your case overall. An experienced attorney can help you prepare your statements so that they are pertinent and impactful.
Tips for Navigating Child Custody Cases in Monmouth and Ocean County NJ
- will help you feel more in control. If you are not a naturally organized person this may sometimes be difficult but it is always helpful. Putting all documents in a notebook or file folder that you keep in a designated space will give you the peace of mind of knowing that when and if they are needed they will be available and at hand.
- your work on your child custody case from the rest of your life because living your custody battle 24/7 will cause you untold stress that can lead to both physical and psychological health problems. Being rested is incredibly helpful for keeping your thoughts clear and focused.
Practicing strategic communication…
- can help to minimize drama and unnecessary conflict. Avoid face-to-face and phone contact as much a possible until your matter has concluded. In cases where your ex persists in writing or texting inflammatory messages or threats, Do Not Respond. In many cases, your former spouse or partner may know exactly what buttons to push in order to illicit a response. Do not take the bait. Simply print out messages and give them to your attorney. If communication is needed to be brief, informative and neutral in tone.
- is essential. Given that you cannot pour from an empty cup, your own health and mental well-being are critical. Don’t forget to stay up to date with medical and dental care as well as eat and sleep properly. It is recommended to shift your focus to other, positive activities whenever possible such as social engagements, hobbies, exercise, and meditation. If you feel embattled emotionally, see a therapist who specializes in high-conflict divorce.
Remember good preparation, a good mindset, and an experienced attorney are your best assets when dealing with any child custody issue.
Contact a Wall Township Child Custody Lawyer Today to Help Navigate the Challenges Ahead
If you or a loved one are going through a child custody dispute it is critical to have effective legal counsel and representation at the outset or as soon as possible. At Bronzino Law Firm, our team of attorneys is experienced in supporting and fiercely representing our clients in child custody proceedings in Toms River, Point Pleasant, Brick, Wall, Sea Girt, Spring Lake and the greater Ocean and Monmouth County Areas. No matter your situation you don’t have to confront it alone.
Monmouth County Mediation Attorneys Focused on Healthy Families and Healthy Futures
Brick and Sea Girt Divorce and Mediation Lawyer Guides You Step by Step throughout the entire process
Mediation is a process designed to help parties reach an amicable agreement by way of compromise. Its benefits are clear as it helps to avoid the fighting as well as the associated time, stress and expense that litigation can and often does bring. Avoiding this stress can help improve your quality of life before, during and after any legal dispute especially in custody and parenting time disagreements.
The most common issues usually addressed via mediation are child custody and support, distribution of property, retirement savings as well as even tax disputes. With the support of a mediator as opposed to a litigator, steps can be taken toward an agreement that most satisfies all sides involved.
If you or your spouse are looking for a quick, cost effective, and hopefully painless divorce process; mediation is a great option. Give us a call today at one of our offices conveniently located in Brick or Sea Girt NJ (732) 812-3102, or use the online contact form.. We have served Monmouth and Ocean County clients facing family law issues for many years. Our goal is to help our clients build a plan for a happy and healthy future for the entire family.
Mediation Can Deliver a Deeper Understanding and Reduce Emotional Damage to the Family
Though some may show resistance to the concept of mediation, it can be the path to a deeper understanding of one’s own and one’s partner’s needs and priorities. Furthermore, it may also provide invaluable information that can be used to expertly navigate the divorce proceedings and ensure that decisions that are of the highest benefit to everyone involved are made, absent of any emotional manipulation that can often color such a process. Research conducted by The American Psychology Association concluded that mediation is a powerful ally to reduce stress and support psychological well-being for all parties during a divorce.
Mediation Can Save Money and Saving Money Reduces Stress
Further research conducted by The Duncumb Center for Conflict Resolution at the Abilene Christian University found an average cost savings of $680 as well as a time savings of between two and four months when mediation was employed as opposed to traditional litigation. Moreover, mediation can also have a profound effect on child custody agreements. The Duncumb Center study found that far more joint legal custody awards were made in mediation as opposed to litigation. Additional statistics show that mediation leads to an amicable agreement in 50-80 percent of cases. Even in cases where an agreement isn’t reached, valuable information can be ascertained and important lines of communication can be established between the parties. This is a powerful argument for mediation in consideration of your family’s overall mental health and well-being.
What is the process of Mediation in NJ?
Mediation is a type of alternative dispute resolution, which means it is an often effective tool used to resolve legal cases without going through expensive litigation or going to trial. In mediation, a neutral third party who is usually a qualified attorney meets with the parties in a dispute in order to help them find solutions to resolve their differences without the intervention of the court.
It is critical to note that a mediator does not represent either of the parties and should not give legal advice. The mediator’s job is simply to make sure the parties address all issues necessary to resolve their case by moderating their discussion on the critical issues of their dispute. The mediator in a given case should also be experienced in the area of law governing the parties’ issues.
Should we hire attorneys or represent ourselves in Mediation?
Given that the mediator does not represent either party and cannot give legal advice, both parties should have their attorneys attend and participate in the mediation to provide legal counsel. Though in all types of mediation both parties have the option of representing themselves, at least consulting an attorney before and after the mediation, or of having their attorney attend the mediation is highly recommended. In cases where a party cannot afford an attorney, they should at least consult an attorney before the mediation. An experienced attorney can help prepare the client for mediation and offer advice on the law as it applies to their particular case. The party can then meet with the attorney after the mediation to discuss the offers being presented.
The Process of Mediation Gives a Couple much more Control than Litigating in Family Court
Mediation has a key benefit over litigating in that the parties are in control. In mediation, the parties have a say in how they divide assets and what the terms of custody and parenting time will be. In matters that to go to trial, though each party would only have the opportunity to voice their wishes, the court would be the final decision-maker.
Contact Us Today for a Consultation to Mediate or Represent You in your mediation and divorce process
At Bronzino Law Firm, our attorneys have extensive experience helping our clients through the process of mediation in Monmouth and Ocean County including towns like Wall, Sea Girt, Point Pleasant, Toms River, Jackson, and Brick.
Our unique approach focuses on finding solutions that ensure the well-being and stability of all parties.
Sea Girt Mediation Attorneys Discuss the Value of the Process No Matter the Outcome
Family Law Attorneys and Mediation Attorneys Helping Clients in towns throughout Ocean and Monmouth Counties
During a divorce, tensions are very often high. The emotional tensions that often run between partners and the pure logistics of potential settlement, including all related factors such as child custody – decisions that impact the future well-being of your family – can feel overwhelming and like too much to juggle. Even expertly navigated, divorce has many emotional ramifications. For this reason, couples often resist the suggestion of mediation, either because they believe that it will have no real positive effect, or because the emotional toll it will take is too much to handle.
Despite natural resistance to the concept of mediation, it is important to consider the benefits of it as a tool for a deeper understanding of one’s own and one’s partner’s needs and priorities. It may also provide invaluable information that can be used to expertly navigate the divorce proceedings and ensure that decisions that are of the highest benefit to everyone involved are made, absent of any emotional manipulation that can often color such a process. The American Psychology Association has conducted ample research and reported the conclusion that mediation is a powerful ally to support psychological well-being for all parties during a divorce.
The main issues usually addressed during mediation are child custody and support, distribution of property, retirement savings, and taxes; and with the facilitated support of a mediator as opposed to a litigator, steps can be taken toward an agreement on all of those fronts.
Why consider mediation during a divorce:
As you and your loved ones navigate the terrain of legal separation, consider the following reasons to include mediation as a tool for amicable and informed divorce.
- At its core, mediation provides couples the opportunity to speak their truths.
- This means that you may learn aspects at the root of your partner’s issues that you weren’t before able to clearly see.
- Invoicing your own reason for divorce, you may find clarity regarding issues that may inform the settlement offer.
- You may learn what is important to your partner as it relates to the settlement.
- Your partner may propose a settlement during the mediation as a result of new information and understanding that comes through or the meeting on amicable terms. Even if it is not a settlement you would agree to, it can serve as a grounded starting point from which to further negotiate.
- You may receive information regarding the legal basis for your partner’s claim.
- This may provide powerful insight towards a fair settlement agreement.
- This may support you in developing a strong defense in court.
- Mediation may save you money. The average cost of a mediator is $300/hour, while litigation is an average of $300-350 per hour (per person).
The Duncumb Center for Conflict Resolution at the Abilene Christian University conducted a study regarding the effects of mediation during a divorce proceeding. Lead researcher Lori Shaw noted that the study found an average cost savings of about $680 when mediation was engaged as opposed to traditional litigation. There was also a time savings of between two and four months when mediation was involved.
As one can imagine, mediation can also have powerful effects on child custody agreements. The Duncumb Center study found that more joint legal custody awards were made in mediation than litigation, a powerful argument for mediation in consideration of your whole family’s health and well-being.
Some statistics show that mediation leads to an agreement in 50-80 percent of cases. Even if an agreement isn’t reached, valuable information can be ascertained and an important connection made as a separating couple.
Contact Us Today for a Consultation to Discuss Mediation and Alternative Dispute Resolution
Peter J. Bronzino, our founding attorney has extensive experience helping to separate parents across Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey come to an amicable divorce agreement, including mediation services, drafting divorce agreements and negotiating with a partner’s attorneys, and drafting comprehensive child support agreements.
Our unique approach focuses on finding solutions that ensure the wellbeing of all parties and the stability of the family for an amicable and cost-effective divorce.
Premarital Agreement Attorneys in Ocean and Monmouth County
Serving Clients in towns including Asbury Park, Wall, Toms River, Brick, Sea Girt, Manasquan, Neptune, Spring Lake, Brielle, and more
Before a couple marries, they have the option of signing a premarital agreement, which is a written contract that explains each party’s rights and obligations in the marriage. The year 1988 saw several states, including New Jersey, pass the Uniform Premarital Agreement Act for the purpose of governing the laws of Prenuptial Agreements (also known as “prenups”). Since that time the number of prenups drafted has increased at a steady rate.
However, there are many pitfalls that many couples fall victim to when it comes to prenuptial agreements. It is critical that before anyone enters into any prenuptial agreement that they have good experienced legal counsel. This will go a long way to assuring that the agreement represents your needs and what you want. It will also make sure that the agreement is enforceable.
In short, a prenup is an agreement between potential spouses made in consideration of marriage and effective upon the marriage itself. The subject matters that are addressed in a prenup vary from agreement to agreement and are often as unique as every marriage. However, commonly the agreement will include provisions for division of property as well as child/spousal support in the event of a divorce. The purpose of a prenup is to ensure that whatever assets you enter the marriage with you also leave the marriage with as well as avoiding the problems that a messy and contentious divorce can cause.
What aspects need to be addressed when crafting an enforceable Pre-nuptial agreement?
Any legal and enforceable prenuptial agreement must be documented in writing. It is common for couples to have verbal agreements about what should happen in the event of divorce with properties, child custody, and spousal support. However, if the terms and conditions of the prenup are only verbally agreed on, they are considered invalid.
In a written and enforceable pre-nuptial agreement, a statement of each spouse’s assets must be attached prior to the marriage to ensure that those assets remain with the respective spouse. Another required formality is that both spouses must sign the agreement. If the agreement is not signed in by each spouse, it is considered invalid and unenforceable. It is highly advised to have a New Jersey family law attorney guide you in the crafting of the agreement. The qualified and experienced attorney will know that the agreement should represent all of the following:
- The rights and obligations of each of the parties with regards to any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security in, mortgage, encumber, dispose of, or otherwise manage and control property
- The division of property in the event of separation, marital dissolution, death or the occurrence or nonoccurrence of any other event
- Spousal support modifications or eliminations
- The crafting of a will, trust, or other arrangement needed to carry out the provisions of the agreement
- Ownership rights in and disposition of the death benefit from any life insurance policies
- The laws governing the construction of the agreement
- Any other matters, including personal rights and obligations that are not in violation of public policy
Frequently asked questions about pre-nuptial agreements in New Jersey
When entering any legal contract it is common to have questions about the nature and effects of the contract. The most common questions associated with a pre-nuptial contract are as follows:
Will entering into a premarital agreement affect the right of child support?
When does the premarital agreement take effect?
A premarital agreement becomes effective the moment that you and your spouse are legally married.
Can changes be made to our premarital agreement once we are married?
It is possible to amend your prenup once you and your spouse are lawfully married. However, it is important to note that should you choose to make any changes, all changes must be recorded in writing. Furthermore, each party must sign the amended agreement, acknowledging any and all new additions to the asset list or initial provisions.
Uniform Premarital Agreement Act: Section 38
When is a premarital agreement unenforceable?
According to section 38 of the Uniform Premarital Agreement Act, a prenuptial agreement is unenforceable if one party in the contract can prove the following:
- The party executed the agreement unwillingly or under duress.
- The agreement was unjust at the time the enforcement was sought.
- That party, before the agreement, took effect.
- Was not provided with full and fair disclosure of the earnings, property and financial obligations of the other party.
- Did not, in writing, voluntarily and expressly waive any right to disclosure of the property or financial obligations of the other party beyond the disclosure that was provided.
- Did not have, or reasonably could not have had, sufficient knowledge of the property or financial obligations of the other party.
- Did not consult with independent legal counsel or did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
Moreover, if the marriage is found to be fraudulent or void for some other reason (I.e. one party was already married), the prenup agreement is only enforceable to the extent necessary to avoid what the court may find to be an unjust outcome.
It is important to remember that with prenups, as with any legal contract, effective representation at the crafting of the contract is a critical aspect of how fair it will be and how well it represents your individual needs and concerns going forward.
Contact a Toms River Prenuptial Agreement Attorney Today
While having agreements such as a prenuptial in place before a marriage occurs offers numerous benefits, creating and finalizing the contract can be a sensitive and delicate process. Our prenup lawyers are well aware of the nature of these situations and the need for discretion.
At Peter J. Bronzino we are committed to helping you produce an agreement that not only protects each parties’ interests and assets but one that mutually agreeable. Call (732) 812-3102 to schedule your consultation!