Family Law
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DISCLAIMER
EVERY LEGAL CASE IS UNIQUE AND THIS INFORMATION MAY NOT APPLY TO YOU. YOU SHOULD NOT RELY ON IT EXCLUSIVELY.
THERE IS NO SUBSTITUTE FOR LEGAL ADVICE, ONE-ON-ONE, FROM ATTORNEY TO CLIENT AND YOU SHOULD HAVE A CONSULTATION WITH A LICENSED ATTORNEY IF YOU WANT TO KNOW YOUR LEGAL RIGHTS.
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, CALL THE POLICE IMMEDIATELY. DO NOT WAIT TO SEE AN ATTORNEY BEFORE YOU FILE A DOMESTIC VIOLENCE COMPLAINT.
For representation in a domestic violence matter, whether victim or the accused, this firm charges a $750.00 flat fee.
INTRODUCTION
Family Law encompasses a broad range of issues from adoptions, name changes and prenuptial agreements to custody, property distribution and divorce.
Family Law disputes involve many of the same issues whether couples are married or not. Custody, parenting time with the child (visitation), child support and support for the other person (alimony/palimony) as well as domestic violence are issues which arise between intimate unmarried partners, as well as married couples. It is not necessary to file for divorce to address these issues in Court.
If you are in a domestic dispute, have chosen to end your relationship, are thinking about it, or someone else has made that choice for you, it is important to get good legal advice if you have children, need financial support or have accumulated asset or debts. Even the decision is a mutual one, it is important to consult with an attorney to be advised of you rights and responsibilities, and discuss issues that you may not have considered.
CHILDREN, CUSTODY AND CHILD SUPPORT
Unless the parents agree, custody disputes are tried in Court. Custody trials are often lengthy and expensive as custody is determined in the "best interests of the child". Often Judges have their own perception of what is in a child's best interest, and will use that perception to make a ruling on custody or parenting time. Before a Judge makes a decision, parents will be required to attend a parenting class, and mediation. If it is important to you, you should attempt to resolve any disputes with the other parent, before bringing the matter to Court.
In issues involving children, in most circumstances, one parent is designated as the "parent of primary residence" or custodial parent, and the "parent of alternate residence" or non-custodial parent. In issues of child support, the Court will consider the income of both parents, as well as special expenses such as day care and health insurance. A family law attorney should be able to estimate a child support figure, if you have income information of both parents and expenses for the child or children.
SETTLEMENTS AND AGREEMENTS
If both parties are willing to cooperate and compromise, often a settlement of a dispute is better for both parties than a decision from a Judge. Often agreements are made with the help of attorneys who can advise litigants of their rights, and provide them with insight gained by the attorney's experience. Often attorneys are aware of what problems may arise in the future, and which resolutions simply are not likely to succeed. If you come to an agreement with your spouse or partner, it is important that at least one of you have an attorney review the agreement to ensure that you have not missed any issues or are agreeing to something that may not be in your best interest.
ATTORNEY CONSULTATION
In the consultation, a family law attorney will discuss your rights and responsibilities as well as those of your partner or spouse, to children, property or debts. An attorney should ask you about you, what you want, what you are concerned about, and about your spouse or partner. In order to advise you properly, it is often important for an attorney to know about the nature of your relationship with your spouse or partner, the relationship with your children, and your expectations moving into the future. Your attorney should be able to tell you if your expectations are reasonable, or if you are asking for too much or not enough.
Be Prepared
Confidentiality
GROUNDS FOR DIVORCE
We have all heard that 50 percent of all marriages end in divorce. Though it is unlikely that individuals enter into a marriage with the intention to ultimately divorce, it is a realistic possibility. The laws in New Jersey allow for divorce if your spouse has committed adultery, has deserted you, or is addicted to alcohol or drugs, has been institutionalized or imprisoned, has committed deviant sexual acts without your consent, or acts of extreme cruelty, or if you have been separated for a period of eighteen months and there is no prospect of reconciliation. The law does not allow for divorce based on "irreconcilable differences". With the categories listed, there are detailed requirements and specific time periods which must be met. Although it is important to establish grounds for divorce, rarely is it the main focus of a divorce proceeding. Typically a contested divorce can take up to a year to come to trial, as opposed to a divorce in which all issues are agreed upon, which takes approximately 3 to 4 months.
FEES FOR REPRESENTATION
If you decide to seek the advice of a family law attorney, you will be charged a consultation fee. This firm charges a flat $200.00 fee for a consultation, which will last from an hour to an hour and a half.
At our firm, the standard retainer for a contested divorce or custody dispute is $2,500.00. If your divorce is uncontested, the standard retainer is $1,500.00. This is not a flat fee. Attorneys normally bill hourly for their services, and a retainer is money that you pay up-front for an attorney's services. A retainer is held in a client trust account, like a bank account. A client will receive a monthly statement indicating the services provided by the attorney, and the charges for those services. Once a retainer reaches zero, a client is often required to supplement the retainer by an equal amount, and is certainly required to make monthly payments for charges incurred. An attorney may withdraw from representation of a client if the bill is unpaid.
TO SCHEDULE AN APPOINTMENT
To schedule a consultation with Bohdan Zachariasevych, the Family Law attorney at the firm of Jacob & Chiarello, contact Michele at (856) 825-0782. The flat fee cost of a consultation is $200.00, payable at the time of your consultation. Clients who have retained the services of Bohdan Zachariasevych may contact him by e-mail at BohdanZ@sjtrialfirm.com. For purposes of confidentiality, legal questions cannot be answered over the phone, or by e-mail, unless you are an existing client.