Law Office of Robert Ricci, Jr.Clark Family Law Attorney | Divorce Lawyer | NJ Domestic Violence2024-03-22T10:46:30Zhttps://www.robertriccilaw.com/feed/atom/WordPressOn Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473152024-03-22T10:46:30Z2024-03-22T10:46:30ZChild’s age and needs
A child’s needs differ based on their age group and the unique circumstances surrounding their life. For instance, very young children or those with special needs may require a more consistent home environment than what a 50-50 custody arrangement can provide. Otherwise, it may affect their sense of security and stableness.
Geographic restrictions
If a child’s parents live far apart, it can be impractical for the child to split time evenly between two homes due to the challenges with school commutes and maintaining a stable routine. Pursuing this arrangement can result in the child being tired and stressed most of the time.
Incompatible work schedule
A shared custody arrangement must be compatible with both parents’ work schedules. If one or both parents have work schedules that are conflicting with a 50-50 custody arrangement, it might be difficult to implement such a plan. This could also result in a parent not spending time with their child during their turn of the custody arrangement due to work.
Safety concerns
If there are issues related to the safety or well-being of the child with one parent, an even split would not be in the child’s best interest. For instance, courts may prevent a 50-50 custody split due to past behavior of one parent, such as a history of domestic violence.
Finding the appropriate arrangement
Every family's situation is unique and decisions about child custody are made based on what is in the best interest of the child, regardless of whether it is the court deciding or the parents establishing an agreement. The assistance of a compassionate and competent legal professional can benefit parents who are exploring the most suitable custody arrangement for them and their children.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473142024-03-14T14:35:09Z2024-03-14T14:35:09ZThe more the children, the higher the basic support
Using the state’s standard method of calculating support, the basic child support amount increases with the number of children requiring support. As the number of children increases, the cost of raising them also increases, which is why the basic support obligation goes up. This includes expenses for food, clothing, housing and other necessities.
The guidelines are designed to be fair and equitable, ensuring the support amount meets the children's needs while also considering the financial capacity of both parents.
Not an absolute formula
It is important to note that while the guidelines provide a standard calculation, the court has the discretion to deviate from these guidelines in certain situations if it would be in the best interests of the children or if following the guidelines strictly would be inappropriate or unjust.
Striving for positive results
As a parent, you want to provide appropriate levels of support for your child’s current and future well-being. If you are negotiating a child support agreement with your coparent, it is advisable to perform adequate research and seek support from an experienced child support attorney to properly evaluate the factors in your situation and obtain adequate support for your child.
If your case is in court, understanding how the court calculates support is essential for you to maintain your expectations while staying prepared with necessary documentation and proof to ensure your child’s best interests remain the priority during determination.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473122024-03-11T07:49:29Z2024-03-11T07:49:29Zincluded coercive control in its definition of domestic violence. This allows adults and emancipated minors to file for a temporary restraining order (TRO) due to threats or manipulations.
What is coercive control?
Someone commits coercive control when their pattern of behavior encroaches on a victim’s personal liberty and free will. Among the acts under coercive control are:
Forcing them to engage in child abuse or other criminal activities
Threatening to kill or harm the victim or their family or report them to authorities
Depriving them of basic needs
Monitoring and controlling their movements, finances, communications and access to services
Isolating them from relatives and friends
Name-calling, intimidation and frequent degradation also count as coercive control. Another considered act is damaging household items or property.
How can a TRO protect you?
A victim needs to prove domestic violence so that a judge can grant a TRO. This forbids the abuser from making physical contact and communicating with them and their family. They are also not allowed to commit violent acts, possess weapons and go back to the scene of domestic violence.
A TRO gives the victim exclusive possession of their residence and temporary child custody. Moreover, it can require the abuser to reimburse the victim’s medical expenses and pay temporary child support.
The TRO filing process
Victims can request for a TRO from the court. They can seek assistance from local or New Jersey police. Ten days within the TRO release, the court will hold a hearing to allow the judge to issue a final restraining order.
Taking a stand against domestic violence
Aside from filing for a TRO, you can submit civil and criminal complaints. Legal remedies may help you in your recovery process by giving you more protection and holding the abuser accountable.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473112024-02-29T06:38:15Z2024-02-29T06:38:15ZWhen you’re facing a divorce in New Jersey, you might be asking, “How will this affect my inheritance?” The answer isn’t always straightforward. The division depends on several factors, mainly how you treat the inheritance during the marriage. It’s essential to understand the nuances involved in inheritances and divorce to avoid unexpected surprises.
It’s considered a separate property
In general, New Jersey law considers an inheritance as separate property. The court typically excludes it from dividing your assets in a divorce. For example, if you received an inheritance and kept it in a different account in your name only, the law would likely regard it as your property alone.Maintaining clear separation throughout the marriage is crucial. Otherwise, the court might consider your inheritance as marital property.
When it can be divided
While state laws usually view inheritance as separate property, there can be instances where courts divide it in a divorce. These instances often occur when the inherited assets become commingled, or “mixed in,” with marital assets.For example, imagine you invest your inheritance. If this investment grows in value during your marriage, the court may count that profit as shared marital property. This reflects New Jersey’s equitable distribution law, which usually includes any value added to separate assets during the marriage as part of the shared marital estate.Here’s another scenario. If you use it to cover shared expenses and debts or improve a shared home, the court could see this as commingling. As a result, it could classify your inheritance, or the portion used for these purposes, as marital property, not separate.
In short, specific actions can change how the law views your property—turning what the court usually considers as separate, your inheritance, into something it can divide in a divorce.
Consulting legal counsel
Knowing when certain actions might impact the division of assets in a divorce is important. However, trying to navigate these circumstances by yourself can be challenging. This is especially true when dealing with equitable distribution, which is the court’s process of dividing marital assets fairly. In such situations, consider seeking an attorney experienced in family law. Such a legal professional can provide guidance and help you understand how certain factors could influence the division of assets in your divorce.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473102024-02-16T20:10:40Z2024-02-16T20:10:40ZNo matter the length or stability of the marriage there can always be arguments between couples. But where do you draw the line between a mere argument and verbal abuse? When is it too much?
Marital arguments
Arguments can arise for variousreasons—responsibilities, plans, control, jealousy or lack of affection for example. Couples in a healthy marriage would tend to resolve arguments through respectful communication. Resolving arguments could indicate the couple's eagerness to keep their good relationship. When arguments remain unsolved, keep on recurring, and escalate to involve insults or threats, it might be a form of domestic violence. Domestic violence is not just about physical abuse; it can be any form of abuse such as sexual, emotional or verbal.
Verbal abuse
Verbal abuse involves power play and often includes attacks toward the other person. This can be in the form of insults, name-calling, mocking, bullying, etc. It could also imply shifting the blame towards the partner, saying that the argument would not have happened if they did or did not do something. It is usually verbal abuse when one of the partners feels powerless towards the other.
Is it time to let go?
Sometimes, people on the receiving end of the verbal abuse might feel a sense of denial, or they might feel ashamed to be in this position. Remember that there is always help available, such as therapy or meditation. But when it becomes too unbearable, it might be time to let go. Marriage should be a blissful experience, growing old with your beloved partner and building a happy family. Arguments are normal, but it should not reach a point where one compromises their self-worth and rights. When a relationship becomes too toxic, some people might seeending a marriageas the best option for their well-being. ]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473092024-02-09T18:28:25Z2024-02-09T18:28:25ZRelief and empowerment
It's not uncommon to feel a sense of relief the moment that you choose to file for divorce. After you do, you may also feel as if you have greater control over your life now that you aren't dealing with a spouse who tries to control or belittle you. Even if your spouse wasn't abusive, it can be emotionally draining to be with someone who doesn't share most or all of your values.
Ambivalence is a common refrain
The fact that you get a fresh start after your divorce may be countered by the fact that you also have to worry about your children's feelings about the matter. You may also find that guilt about seeking a divorce is countered by a feeling of anger that you were put in a position where you had to do so. Ultimately, you may feel nothing or have trouble understanding how you feel as a result of filing for divorce from your spouse.
Although divorce may cause a myriad of emotions, a settlement is based on objective facts. For instance, even if you're angry that your spouse cheated on you, that doesn't mean that you can take all of the marital assets. Furthermore, infidelity or other poor decisions won't necessarily prohibit your spouse from having custody of any child that you share.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473072024-01-29T13:11:15Z2024-01-29T13:11:15ZNew Jersey faces a shortage of judges
For several years, the New Jersey court systems have reported a concerning shortage of both civil and family law judges. Those shortages have drastically increased how long it takes parties to resolve legal disputes. In some counties, litigated proceedings are not currently available for those hoping to divorce. Only those who set their own terms and request uncontested divorces can legally end their marriages while the courts are on hiatus or not hearing certain cases.
Therefore, even those currently embroiled in disputes about divorce matters may need to consider mediation as an alternative. Otherwise, they may need to wait months or possibly more than a year before they can legally end their marriages. Spouses who work together can move on with their lives more quickly than those who insist they need a judge to hear their cases.
Mediation offers benefits beyond simply making divorce accessible to those in counties without enough family law judges. Successful mediation gives the divorcing spouses control over the terms set in their divorces. Those who litigate have no direct control over what a judge decides to do. Additionally, mediation is confidential, which allows people to discuss important relationship issues without airing their dirty laundry in family court.
Recognizing why mediation has become such a common choice during New Jersey divorces may help people evaluate whether it is a viable option for them, given their current circumstances.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473062024-01-25T03:27:45Z2024-01-25T03:27:45ZDomestic violence
One of the biggest signs that divorce is in your future is the presence of domestic violence in your marriage. Any abuse against a spouse shows a serious lack of respect. Whether it’s physical, sexual or even emotional, it spells trouble for even long-term marriages. Victims of domestic violence often get out of the relationship for the sake of their (and their children's) physical and emotional well-being.
Constant fighting without resolution
All married couples fight, but there must be a resolution. If the opposite is true and the parties find themselves continuously at odds and fail to resolve their arguments, it can stifle their relationship and cause resentment. Not settling even small disputes can have long-term negative consequences.
Lack of support
All married couples need mutual support. If one or both spouses feel they aren’t being heard, it signifies their needs aren’t being met. Being married means being a team, so if one party feels like they are doing everything on their own, it causes them to feel like their spouse isn’t supporting them. This can cause unhappiness and lead to divorce.
Lack of intimacy
Intimacy is a big part of marriage; it gives spouses both physical and emotional closeness that they need to keep their passions burning. If this is lacking, it can cause a breakdown of the relationship. In some cases, one or both parties may even start to look elsewhere for physical intimacy.
Not all marriages are built to last. Although some couples can seek therapy and work on saving their relationships, others might find divorce necessary.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473042024-01-16T04:28:33Z2024-01-16T04:28:33ZAlmost everyone has assets they want to protect
A prenuptial agreement can be used to protect the $5,000 emergency fund that you spent years building prior to getting married. It can also be used to protect intellectual property such as the name of a business that you haven't created yet. It can also be used to stipulate that a home, car or other assets that might be classified as joint property under state law will remain in your possession if the marriage ends.
Don't skip the financial talk
Creating a prenuptial agreement means that you have to talk to your spouse about money. This is important as financial tensions are among the top reasons why you may eventually appear before a family law judge. By the time the agreement has been executed, you will clearly know where you and your spouse stand on issues such as how to invest or who will stay home to take care of the kids. Ultimately, you may actually feel more secure in your marriage after crafting a prenuptial agreement than before talks began.
When structured properly, prenuptial agreements are generally recognized by New Jersey courts. Typically, they can only be used in regards to property division or other financial issues such as who keeps a bank account in the divorce. Child custody or support cannot be addressed.]]>On Behalf of Law Office of Robert Ricci, Jr.https://www.robertriccilaw.com/?p=473022024-01-02T05:53:50Z2024-01-02T05:53:50ZPrioritize communication and empathy
Maintaining open and empathetic communication is crucial when dealing with a spouse's mental health issues during divorce. Approach conversations with patience and understanding, acknowledging the impact of mental health on both parties. Encourage honest dialogue to address concerns, fears and potential solutions.
Consult mental health professionals
Incorporating mental health professionals into the divorce process can provide valuable insights and support, especially if your spouse’s mental health issues become more intense. Individual counseling for both spouses can help them navigate the emotional toll of the divorce, while couples counseling may facilitate healthier communication and conflict resolution.
Establish clear boundaries
Setting clear and respectful boundaries can help you manage the challenges associated with mental health issues. Clearly define expectations regarding communication, shared responsibilities and decision-making to create a sense of stability amid the emotional turmoil.
Prepare for custody and support considerations
When mental health issues are present, custody and support arrangements may require careful consideration. Work with mental health experts to develop plans that prioritize the well-being of any children involved while considering the needs of a parent who has a mental illness.
Protect yourself and the children
Since the divorce process can bring up some strong emotions and be extremely taxing, those suffering from conditions like Borderline Personality Disorder, can experience very intense feelings of stress, fear and rejection that can drive them to commit unspeakable acts. For example, they can make false accusations that can cause serious reputational damage and result in unnecessary legal trouble. Keep records of all communication and document any erratic behaviors you notice from your spouse. Have all conversations with a neutral person present and remain in public places. Do not isolate yourself. Having a supportive team is critical.
Though your journey will be difficult, you can overcome these difficulties. You'll be able to move on with your life and make positive choices for your future.]]>