Family Law

• Divorce
  Whenever you file a Complaint for Divorce, you must sign a statement that you have been informed about your options for Alternate Dispute Resolution.  These are Mediation, Arbitration and Collaborative Divorce.  Each enables you to resolve your differences outside the court house.  There are excellent reasons to enter into Mediation, Arbitration or Collaborative Divorce, including privacy, confidentiality and convenience.  In each of these alternate dispute options, you can schedule the proceedings at mutually convenient times.  You do not have to pay your attorney to sit and wait your turn in the courthouse for other cases that are scheduled for the same day.  Judges have an obligation to report people who failed to report income to the IRS or the county prosecutor.  That does not occur in mediation, arbitration or collaborative divorce.  Not all judges have experience in Family Law.  They may never have practiced it and may be new to their family law assignment.  In mediation, arbitration and collaborative law, you and your spouse, along with your lawyers are able to choose who will assist you in resolving your case from a group of interested and experienced professionals.
• Child Support
  With few exceptions, child support in New Jersey is calculated using the Child Support Guidelines contained in an Appendix to the New Jersey Rules of Court.  The premise behind the guidelines is that 1) child support is the continuous duty of both parents; 2) children are entitled to share in the current income of both parents (as well as the good fortune of either parent); and 3) children should not be the economic victims of divorce or out-of-wedlock birth.  The purpose of child support is to ensure that the financial needs of your children are being met by you and the other parent.
• Child Custody and Visitation
  In New Jersey, child custody has two components: legal custody and physical custody.  Most often, parties enter into custodial agreements whereby they agree to joint legal custody with one parent named as the primary residential or custodial parent and the other named as alternate residential or non-custodial parent.
• Premarital Agreement
  A premarital agreement, commonly known as a “prenup,” is a document that parties may choose to sign before their marriage in order to define their rights and obligations in the event of divorce or death.  At Paras, Apy & Reiss, P.C., our attorneys have drafted numerous premarital agreements.  A properly prepared premarital agreement may help spouses avoid some of the legal, financial and emotional difficulties that often accompany a divorce.
• Spousal Support
  On September 10, 2014 the governor signed the new alimony bill into law.  It is effective immediately and makes several changes to our prior alimony laws.
• Child Abuse
  In 1991, the Legislature declared that domestic violence is a serious crime against society.  It determined that thousands of people in New Jersey were regularly beaten, tortured and, in some cases, killed by their spouses, significant others, or cohabitants.  Domestic violence victims come from all social and economic backgrounds.  They are male and female.  Domestic violence victims are often caught in a “cycle of violence” from which they feel ill equipped to escape.  Significantly, the Legislature found there is a positive correlation between spousal abuse and child abuse, and that children, even if they themselves are not physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence.

Criminal Law

• Sex Crimes
  Acts of domestic violence include: homicide, terroristic threats, criminal restraint, sexual assault, criminal sexual contact, burglary, harassment, assault,  kidnapping, false imprisonment, lewdness, criminal mischief, trespass, and stalking.  A judge must only find by a preponderance of the evidence (a requirement that more than 50% of the evidence points to something) that an act of domestic violence occurred in order to issue a temporary restraining order.  Judges will inquire about a history of domestic violence, whether or not documented, as a predictor that future acts of domestic violence will occur.
• Burglary
• Assault
• Murder
  Although all of the traditional fault grounds still exist, they are now rarely used.  Except in the most egregious cases (like an attempted murder), marital fault has no impact on financial issues.  Thus, most divorcing couples choose the more simple and generic allegation that irreconcilable differences have arisen, thereby giving themselves a better chance to leave their marriages with a measure of the dignity they came into it with.
• Homicide
• Restraining Order
  The Legislature’s response was the passage of the Prevention of Domestic Violence Act.  Under the Act, Municipal and Family Court Judges are empowered to issue Temporary Restraining Orders (“TROs”) to victims of domestic violence.  In some instances, the TRO comes after police involvement and the arrest of the aggressor.  Other times, a victim will make a request to a Family Court judge for a TRO.  In both cases, if a TRO is granted the alleged aggressor is afforded a hearing within a very short time.  The purpose of the hearing is to determine whether a Final Restraining Order (“FRO”) should be issued in favor of the victim and against the aggressor in order to prevent future acts of domestic violence or whether the case should be dismissed.
• Kidnapping