Edward R. Weinstein
Edward R. Weinstein - Our Team

Yes. Under New Jersey’s Prevention of Domestic Violence Act an assault certainly provides for protection of the law after an assault. As an experienced restraining order lawyer, I am well aware that the victim does not need to show obvious marks of an assault in order to obtain a final restraining order from a judge of the Family Part of the Superior Court of New Jersey.

In C.S. v. M.A.K., the parties engaged in a dating relationship for about six years. The parties lived in M.A.K.’s home for two years with C.S.’s developmentally disabled son. M.A.K. gave C.S. a car for Christmas in 2011, but when the parties’ relationship ended, M.A.K. asked C.S. to return the car to him by April 1, 2016. M.A.K. did, however, allow C.S. and her son to continue living in his home after the relationship ended.

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No. The judge will typically advise a pro se (i.e., someone representing themselves in their own divorce action) litigant that they shall be expected to follow the Rules of Court in New Jersey just like as if they were a seasoned attorney. Furthermore, the lawyers at our law firm here in East Brunswick, New Jersey, appreciate that while a New Jersey Family Court may be more likely to been understanding of the fact that you are not a lawyer, the Court is not required to be more tolerant or more kind to you just because you are not an attorney. Finally, since 1996 I have been meeting with new clients who handled their own divorce and then come to our firm for a consultation only to find how extremely difficult it is to change a divorce agreement after the fact. As Benjamin Franklin once said, “an ounce of prevention is worth a pound of cure.” In other words and for purposes of this blog, it is easier (and less expensive) to do it correctly the first time than paying a lawyer after the fact to attempt to fix problems with your divorce agreement, some of which you may not even aware of, yet.

All told, especially when it involves your children as well as your financial security, it is essential to have one of our attorneys from our law firm in order to ensure that your divorce concludes in a fair manner.

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Because a lawyer who focuses on divorce cases knows that the language contained in your matrimonial settlement agreement must be crystal clear. In turn, any ambiguities only invite a party an opportunity to “relitigate” a case that has already been settled as their lawyer files a post-judgment divorce motion for “clarification” as to what you agreed upon in the first place. The matrimonial settlement agreements drafted by the divorce attorneys at our law firm are diligent in the details ensuring that every detail is addressed within the divorce agreement. Examples include real estate, enumeration of assets and liabilities to each spouse as well as alimony terms. When children are involved, while a savvy lawyer would never micro-manage the co-parenting of children, as many details as possible should be included in issues ranging from extra-curricular activities to the allocation of college related expenses.

In Busch v. Busch, the parties were married in 2004. The parties divorced in June 2016 after separating in June 2014. The parties divorced pursuant to a Final Judgment of Divorce, which incorporated a Matrimonial Settlement Agreement. A matrimonial settlement agreement is negotiated and agreed to by the parties, and spells out the terms of the divorce, including property division, alimony, child support and custody, among other things. The parties’ matrimonial settlement agreement stated that the wife would not receive any interest in the marital home but leave the marriage free of debt. However, the matrimonial settlement agreement did not list the specific debt. The matrimonial settlement agreement also contained some ambiguity due to the handwritten edits to the document.

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Yes. If you have repeatedly told a former lover or spouse to leave you alone after the breakup yet they continue to text you, you may obtain a restraining order. The domestic violence lawyers at our law firm will collect the evidence that the harasser continued to text you, call you or even surprise you at your home in order to prove to a judge of the Superior Court of New Jersey that the restraining order is required for protection under New Jersey’s Prevention of Domestic Violence Act. Below is this attorney’s take on a recent case.

In B.T. v. S.J.L., the parties engaged in a romantic relationship for about one year. B.T. stopped talking to S.J.L. in November 2016 in order to distance herself from him. S.J.L. then sent B.T. several text messages and left many voicemails asking that B.T. speak to him. On November 12, 2016, S.J.L. sent B.T. text messages asking why she is ignoring him. B.T. ultimately told S.J.L. that she did not want to speak with him and she told him goodbye. Despite B.T.’s response, S.J.L. sent many more messages over the next few days asking to speak with her. S.J.L. sent B.T. one message that implied S.J.L. was waiting outside of S.J.L.’s home. At that point, B.T. responded to S.J.L. and asked him to leave her alone. Continue reading

Under New Jersey alimony law your attorney must demonstrate to a judge of the Family Part, Superior Court of New Jersey, that your disability creates an inability to obtain a job that is similar to what you had done historically in their career. Your lawyer must provide evidence from your treating doctors in order to prove that under New Jersey divorce law, you simply no longer have the ability to pay the alimony that you agreed (or were court ordered). The lawyers at our East Brunswick, New Jersey law firm embrace a detailed narrative report from your treating physician containing not only your complete diagnosis but your prognosis as well. This way your attorney has the evidence to argue your inability to regain similar employment in the future and therefore a reduction or termination of alimony is warranted.

In R.S. v. T.B., the parties were married in 1983 and had two children born of the marriage. Throughout the marriage, T.B. worked various jobs, including in real estate, as a bank teller, a hairdresser, at Jenny Craig, and an administrative assistant. R.S. worked as a restauranteur and a chef. He also took part in various business ventures. During the parties’ marriage, R.S. and T.B. lived a lavish lifestyle. The parties had combined monthly expenses totaling $32,406.99. T.B.’s own, personal monthly expenses were $12,512.

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Yes. In order for a prenuptial agreement to be held valid by a judge of a New Jersey Family Court, both spouses should be represented by their own attorney before entering into the agreement. Otherwise it may be deemed invalid. Under New Jersey law, prenuptial agreements have specific requirements in order for the agreement to withstand the scrutiny of a judge of the Family Part of the Superior Court of New Jersey if it were ever contested. The lawyers at our law firm located in East Brunswick, New Jersey, understand that the prenuptial agreement must contain full disclosure of all assets by both spouses, for example. Furthermore, if one spouse did not have an attorney at least review the prenuptial agreement, it may very well be vacated if a divorce occurs.

In Dobre v. Dobre, the parties met in 2003. In either 1999 or 2001, the husband came to the United States from Croatia. The husband’s first language was Serbian, but he could read and write in English so the parties were able to communicate in both languages. The husband first came to the United States under a six-month tourist visa, but then obtained a media visa. Eventually, the husband obtained a green card after marrying the wife. The parties married in 2004 and had three children born of the marriage.

The wife filed for divorce in March 2013. The wife sought child support, joint legal and physical custody of the parties’ children, and equitable distribution. The wife also sought to incorporate the parties’ prenuptial agreement into the judgment of divorce. The husband, in his answer, sought to invalidate the prenuptial agreement. The trial began in February 2015 and ended in April 2015. The Superior Court of New Jersey Family Part issued a written decision in July 2015 and entered the judgment of divorce on October 13, 2015. During the trial, the trial judge set aside the parties’ prenuptial agreement. The wife filed a motion with the court for reconsideration in August 2015, and the husband filed a cross-motion for reconsideration. On November 6, 2015, the trial judge issued an order awarding the husband’s counsel attorney’s fees. The wife then filed an appeal and the husband cross-appealed.

Over the course of my career as a New Jersey divorce lawyer, the 2014 amendments to the alimony laws in our state were the most revolutionary I have ever seen. Specifically, changes were made to New Jersey alimony laws as it pertains to how a New Jersey Family Court shall evaluate cases involving cohabitation of the recipient of the alimony. For a number of reasons, I believe the law was modernized with respect to cohabitation. This attorney breaks down a recent case that illuminates many aspects of this complex area of New Jersey divorce law.

In J.S. v. J.M., the parties were married for twenty years. The parties divorced in 2010 by a final judgment of divorce. Incorporated in the parties’ final judgment of divorce was a property settlement agreement, which laid out the terms of the parties’ divorce, including alimony. The parties agreed in the property settlement agreement that the husband would pay the wife alimony each month until the husband reached normal retirement age. The agreement also stated that the husband’s alimony obligation would end if the wife cohabitated with an unrelated man for a period of thirty or more days.

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Under New Jersey child support laws the parent of primary residence should not gain extra money via child support due to “incidental” beyond what is necessary for the child to enjoy a lifestyle that they would expect to have due to the high amount of income that the family unit receives. This lawyer now analyzes a paramount case in New Jersey Child Support law for wealthy parents and their children.

In Loro v. Colliano, the mother filed for divorced from her husband after a four-year marriage. The parties had one child born of the marriage, a daughter, born on March 6, 1984. A judgment of divorce was entered on June 13, 1991 after very combative litigation. At the time of the divorce, the father was earning approximately $630,000 per year. The mother was awarded sole custody of the parties’ daughter and the father was ordered to pay the wife $1,500 per month for two years in rehabilitative alimony to make the wife whole again. The father was also ordered to pay $375,000 to the wife in equitable distribution. Lastly, the father was ordered to pay $500 per week in child support.

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Over the course of my career as a divorce and family law attorney I have watched technology change many aspects of New Jersey law, especially as it pertains to New Jersey’s Prevention of Domestic Violence Act. When I started practicing in my hometown of East Brunswick, New Jersey, in 1996, many restraining order trials were most often “he said, she said” affairs as most times there were not any no witnesses or other proofs. Then technology altered many aspects of our society, including acts of domestic violence.

First, people would send harassing or threatening emails to one another.  Then texting and smartphones came into play and the game changed forever. By 2012 a survey discussed on the Today Show stated that over 90% of lawyers saw a dramatic increase in text messages being introduced as evidence in domestic violence trial. This recent case discusses how a judge of a New Jersey Family Court analyzes text messages during a restraining order trial ranging from the amount of messages, the time frame as well as the content.

In C.O. v. T.O., the parties were married and were divorcing. The New Jersey Appellate Division previously vacated a final restraining order entered by the Superior Court of New Jersey Family Part pursuant to the Prevention of Domestic Violence Act of 1990. The court supported the Family Part’s finding that T.O. committed a predicate act, which is an earlier crime or offense that is similar to the crime or offense being alleged. However, the Appellate Division sent the case back to the Family Part to be re-heard because there was no finding that a final restraining order was necessary to protect the victim from future harm or abuse. At the re-hearing by the Family Part, the judge heard testimony by the parties and reviewed the alleged predicate act. The judge reviewed the messages from T.O. to C.O., which constituted harassment under N.J.S.A. 2C:25-19(a), and found that the testimony revealed a combative relationship between the parties. The judge found that T.O.’s text messages established harassment and that a final restraining order was necessary to prevent C.O. from future harm because the parties’ divorce was going to be very hostile. The judge also found that T.O.’s conviction in March 2016 for violating the restraining order weighed in favor of supporting the need for the restraining order.

Michael Strahan is a retired Hall of Fame football player and now a host of the popular morning news show, Good Morning America.   However, he and his wife divorced after a notoriously messy trial in 2006 and was ordered to pay $18,000 per month in child support. However on appeal, the New Jersey Appellate Division reversed and lowered this amount as the Court found some of her claimed expenses (such as a nanny for her 10 ten day vacation to Jamaica) should have been excluded. The Court also found that Ms. Strahan also had a legal obligation to help support the children of their marriage. Following please find this lawyer’s analysis of this case and how child support in New Jersey is determined for the rich and famous.

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In Strahan v. Strahan, the parties began dating in October 1994. The parties moved in together in 1995 and married on July 18, 1999. Prior to the marriage, the parties agreed to sign a prenuptial agreement. Twin daughters were born of the marriage on October 28, 2004. During the marriage, the father was a football player with the New York Giants. The mother worked as a cosmetics company manager and model, earning approximately $70,000 per year before quitting her job when the parties moved in together. On March 14, 2005, the complaint for divorce was filed. The parties agreed to share joint legal custody of their daughters, meaning all, important decisions, such as health and education, would be made by both parties. The parties also agreed that the mother would have primary residential custody of the twins, meaning that the girls would live mainly with the mother. In June and July 2006, the parties litigated the matter and, on July 20, 2006, a dual judgment of divorce was entered. On January 12, 2007, an amended judgment of divorce was entered discussing equitable distribution, disability insurance for the father, child support, the legitimacy of the marriage, and attorney’s fees.

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