Father’s Rights: Which Custody Arrangement Should I Request?

father's rightsNew Jersey laws with respect to custody and parenting time are gender neutral, meaning that the courts cannot base decisions regarding custody of or parenting time with your children based upon gender. Long ago, many states subscribed to the now defunct “tender years” doctrine where courts would give custody of very young children to mothers, believing that this was necessary to ensure the emotional well-being and positive psychological development of the child. Today, courts, experts and lawmakers know that a child thrives best with the participation of both parents to the greatest degree possible. And, with more and more same-sex couples rearing children, any gender argument is moot.

What does this mean for you, as a dad? Here are some do’s and don’ts as you pursue custody and parenting time with your kids: Read more

My Son-in-Law is Controlling: Is this a Sign of Domestic Abuse?

controlling spouseYour son-in-law tells your daughter who she can be friends with, what she can and can’t wear, how much she should weigh, and even how long her hair should be. Your daughter seems miserable, and you think your son-in-law is a controlling jerk…but he is also a domestic abuser? Read more

3 Common Divorce Pitfalls And How to Avoid Them

divorce mistakes to avoid

The divorce process can be time consuming, draining and expensive if you let it get out of hand. And, if you and your soon-to-be ex have children, the stakes become even higher and the battles can become longer, angrier and even more costly — both financially and psychologically. On top of that, the procedures and laws that govern how and when to navigate through the family court can be confusing and frustrating. So, how can you avoid this being an even more difficult time? Avoid these common pitfalls in order to get yourself and keep yourself on track. Read more

New Court Ruling Could Change What Happens To Alimony When A Paying Spouse Accepts A Lower Paying Job

questions about alimonyYour former spouse was ordered to pay you alimony at a rate of $400 per week for eight years. You and your ex, with the help of your attorneys, arrived at and agreed upon this figure based on your salaries at the time you divorced. It’s now five years into your agreement and your ex just lost the job used to calculate this amount. He’s landed another position in the same industry, but the salary is lower. Because your former spouse is now earning less, he files a motion with the court asking that your alimony payments be reduced.

Is this fair? Read more

Join Us For Our Domestic Violence Week Of Action Twitter Chat On 10/18

dv-twitter-chatFemale or male, gay or straight, white or black, rich or poor–domestic violence doesn’t discriminate. A check of recent DV stats from New Jersey and around the United States shows that victims of domestic abuse come from every known demographic and socioeconomic strata.

What can we do to reach victims when they are so diverse? Which resources benefit all victims of domestic violence? Which resources do different groups require? How can we do a better job serving victims? Read more

6 Ways To Make A Difference During Domestic Violence Awareness Month

DV Awareness Month in freeholdIn recognition of October’s Domestic Violence Awareness Month, Weinberger Divorce & Family Law Group, LLC will host and participate in a number of events to raise domestic abuse awareness and provide New Jersey victims with free legal resources. Would you like to participate? Here is a rundown of our awareness month activities and what you can do to make a difference. Read more

A “Solutions” Response to Domestic Violence

solutions for domestic abuseStatistics are important. They tell a story and paint a picture. Especially during October’s Domestic Violence Awareness Month when the public is bombarded with statistics regarding domestic violence rates, numbers of murders by intimate partners, and charts with figures about children of families where there is domestic abuse.

But, what if we shifted the focus to talking about solutions for this epidemic? What about bringing to the public instances where rates of domestic violence in a specific city were reduced due to certain efforts of the police and citizens of that city? Read more

Domestic Violence Protection: How The Courts Help Victims

Domestic violence, also known as intimate partner violence, remains a dire issue in New Jersey. According to statistics compiled by the New Jersey State Police, there are approximately 70,000 reports of domestic violence per year statewide, 42% of which involved physical assault. Domestic violence victims in New Jersey can be women or men. As stated by Assemblywoman Celeste Riley, “Domestic violence doesn’t know a sex, it doesn’t know an age,” she said. “If you are abused, you are a victim.”

If you are a victim, there are legal remedies that can protect you; specifically in the New Jersey family courts. The family court has the authority to issue both temporary and final restraining orders, and many times, these proceedings go hand in hand with any criminal case that may be ongoing. Here are some tips to help you navigate the court system… Read more

Can You Ask for Palimony When Your Partner is Dead?

palimony

Obtaining an award of palimony in New Jersey has become more difficult over the last few years. Palimony — a one-time financial award for a former intimate partner that never married — can only be granted in the Garden State if there is a written promise to pay it, if the palimony agreement dates from 2010. Palimony agreements pre-dating 2010 that are oral/verbal in nature may still be considered valid. Given these different standards, it’s not uncommon for former partners to end up in court when a palimony agreement is contested. But what about recouping palimony after your partner dies? Read more

Smart Phone Apps Spouses Use to Spy

keeping smartphones safe

Only a brief Google search will yield you fast results: tracking software and smartphone applications that can be purchased, downloaded and installed on someone else’s phone. Companies will even monitor the software for you for a little as 50 cents a day. Why are these programs available? To be fair, they are usually marketed as a way to keep track of your children so that you know their whereabouts in what can be a dangerous world. They are also supposedly geared towards employers who may be concerned about the security of their businesses. But, what about the use of these types of applications and programs in a domestic violence situation? Read more