- DivorceAt David M. Cohen, LLC we have many years of experience in handling Divorce and Family Law matters. Our goal is to quickly identify the issues, attempt to reach a resolution as soon as possible, reduce the agreement to writing in a Property Settlement Agreement and obtain the legal divorce with a minimal amount of time, expense and anxiety.
- Child Custody and Visitation
- Premarital AgreementWhen people get married they do so with the hope that it will last forever, but the reality is that over 50% of marriages end up in Divorce. With divorce rates being so high these days, a competent attorney must be familiar with family law issues such as separation, custody, support and visitation. Many couples, first timers as well as those already having been divorced, are now entering into Prenuptial Agreements, which can settle issues before they even come up. We have experience in negotiating and preparing such documents.
- Spousal SupportSpousal Support (Alimony) - In many marriages today, out of necessity, both parties work out of the household. However, where one spouse gives up a career to take care of the family or earns substantially less than the other, he or she can receive Alimony permanently or for a limited duration, to maintain the standard of living established during the marriage. There are no firm rules that apply when it will be awarded, but usually the longer the marriage the more likely alimony will be granted.
- AnnulmentDivorce and Annulment - There are several grounds, or reasons, for which a Court may grant a divorce. At our first meeting with a new family law client we explain the available grounds and see which one(s) best fit the particular situation. The most common ground, No-Fault divorce, requires that the spouses live "separate and apart" for 18 months. Other grounds have shorter periods of separation but more strict requirements of proof. Also considered, where appropriate, is the less frequently used Annulment of the marriage.
- DUI/DWIMotor vehicle summons and DUI tickets - It seems inevitable that most drivers get a ticket eventually. Parking tickets can be a nuisance, but moving violations can cost you money. In addition to the fines and court cost there are surcharges imposed by the insurance companies. These matters should not be taken lightly. You must be properly prepared to meet and defeat the charges against you. Mr. Cohen has many years experience as a municipal public defender. He has handled hundreds of cases of speeding, disregarding stop signs, careless and reckless driving as well as unsafe operation of motor vehicles. He always obtains the discovery including the police report, and where available the driving under the influence (DUI) Drinking/Driving incident report and he personally views the videotape with his client. These cases are serious as they involve the potential loss of license for a year or longer.
- Traffic Violations
- AssaultAssault and Battery - Tempers can erupt from time to time, even among friends and family. When that happens and the police are involved charges may result. It is better to keep the matter in the local court where the penalties are less than if the case goes to the Grand Jury on the county level. By getting involved early Mr. Cohen can intervene by talking to the local authorities and seeing to it that cool heads prevail. Often times he has gotten the charges reduce to Disorderly or petty disorderly offenses, or even dismissed entirely.
- Restraining OrderDomestic Violence Act - In extremely volatile family situations, when the health and well-being of family members are at stake, the police should be summoned immediately. Usually that will result in the issuance of a Temporary Restraining Order (TRO). Such cases will be brought to the attention of a Superior Court Judge, usually within 10 days, who will decide if a Permanent Restraint (FRO) is necessary to protect either party. Often times, this is the first step in the process of separating and getting divorced.
- Workers CompensationWhen a worker is injured within the course and scope of his employment he is covered by the laws of Workers Compensation. We make sure that you receive all of the benefits that you are entitled to get. Whether it is medical treatment, temporary or permanent disability, we aggressively fight for your rights.
- Premises Liability•Premises liability - Sometimes a building, or some part of it, like the steps are in such poor shape, or an ungated pool is an "attractive nuisance", which are the proximate cause of the injury. In these cases, we look to make a claim against the owner or builder who knew or should have known about the condition and eliminated the hazard.
- Personal InjuryHis son, David M. Cohen, Esq. joined the firm as an associate in 1981 and added an emphasis as a personal injury litigation attorney. With a Law degree from Southwestern University he has litigated many types of cases including motor vehicle accidents, pedestrians struck by automobiles and "slip and fall" cases caused by broken sidewalks or ice and snow accumulation. Attorney David Cohen represented clients who made significant monetary recovery for pain and suffering -- in excess of $1,000,000. Several cases have been tried or settled in ways that resulted in payments structured over a period of years or even for the rest of the injured victim's life.
- Medical MalpracticeMEDICAL MALPRACTICE CASE SETTLED FOR $165,000 Our client was a 54 year old Hispanic woman who went to the Ob/Gyn clinic for a routine checkup. They advised the patient that she should have a colposcopy performed; a minor office procedure to help determine if there was abnormal cervical cancer cell growth. Immediately following the procedure, the patient felt a burning pain in her groin and buttocks. She went home but returned to the emergency room only a few hours later where 1st and 2nd degree burns were observed in that area. The records reflect that the patient was told that she had an “allergic” reaction to the acetic acid used during the procedure and that the burns would go away but to apply a cream to them. However, upon further investigation we disclosed that tri-choleric acid (a much more abrasive agent) was used by mistake, causing the burns and permanent scars. She was also compensated for the emotional suffering that resulted from this malpractice.
- Auto Accidents
- Social Security DisabilitySocial Security disability - In cases where the injury is severe, one may not be able to return to work. In this situation we assist in the application process and representation before the Social Security Administration and at hearings in front of Administrative Law Judges.
- Dog Bites•Dog bites - The law protects innocent victims of unprovoked dog bites. Permanent injury can easily be caused by the bite of a vicious dog or other violent animal. We have experience in handling many claims for mail handlers and young children.
- WillsThe firm also handles real estate house closings, prepares simple Wills and Power of Attorneys, Bankruptcy matters, and makes municipal court appearances. In essence, we have maintained the old time presence of being the "local attorney on the corner" while expanding to compete with the demands of today's most powerful law firms. Please feel free to contact us with your legal questions or problem and let us have the opportunity to serve you.
- TrustsDAVID M. COHEN, the managing partner, has been in practice for over 32 years. He graduated in 1981 from Southwestern University in Los Angeles, CA after obtaining his undergraduate degree from Drew University in NJ. While still in law school, he excelled in the course studies of Contracts and Wills & Trusts in which he won the prestigious AmJur ("American Jurisprudence") "Book Award" honor for attaining the highest grades in his class.
- Bankruptcy
- Tax LawAlbert L. Cohen, Esq. started our firm in 1951 opening his office in Newark where he practiced law as an attorney in NJ. Mr. Cohen held a Master's Degree in Taxation as well as his Law Degree from Rutger's Law School. With an expertise in matters of Workers Compensation as well as business and tax matters, he successfully represented many workers who were injured on the job or in construction site accidents. He obtained financial compensation for their permanent disability and helped secure Social Security Disability Benefits as well. Mr. Cohen also prepared Wills and handled real estate closings in and around Essex County. In 1960, the practice was relocated to Montclair, NJ, the community where he grew up and was quite well known. The firm served the legal needs of the community and its surrounds from this location for over 30 years.