Jersey City Domestic Violence Lawyer
Have you been accused of domestic violence? Our Jersey City domestic violence lawyer Brian Freeman has handled family law matters for over 30 years. If you want dedicated and strong defense, please call our New Jersey office today for a free consultation.
Have You Been Accused of Domestic Violence? If so, call us at (201) 222-7765
At Freeman Law Center, LLC, we provide domestic violence defense to clients in the Jersey City area. Our committed to making sure our clients are being treated fairly under the law, and that their rights are protected.
We offer a free consultation for all domestic violence defense cases.
Contact us to schedule a time to meet.
How We Can Help
If you have been accused of or charged with domestic violence, you could be facing life-changing penalties, including the threat of losing contact with your children or family. Because so much is at risk, it is critical to seek legal representation experienced in handling domestic violence cases.
Jersey City Domestic Violence Lawyer Brian Freeman is committed to providing solid legal representation to individuals accused of the following:
- Domestic violence
- Domestic assault
- Spousal abuse
- Family abuse
If accused of domestic violence, an individual may be served a restraining order or temporary restraining order (TRO.) Very rarely do individuals go to jail upon conviction of domestic violence.
We work closely with parents for protection of their child visitation rights. Your relationship with your children is important — we will work diligently to protect it.
Jersey City Domestic Violence Lawyer Providing Solid Legal Representation
We understand the complexities of a domestic violence charge. When couples are divorcing or dealing with a difficult situation, it is not uncommon for tempers to flare. Many times, one spouse is upset enough to falsely accuse the other of spousal abuse. If you have been falsely accused of domestic violence, contact our Jersey City Domestic Violence Lawyer right away.
We will stand by your side and provide you with solid and compassionate domestic violence defense. Before anything, we will take the time to listen and understand your side of the story.
>> Are there different types of divorce?
Each divorce is unique, but in New Jersey, we classify divorces into two broad categories.
- Uncontested: In an uncontested divorce, parties enter the process having already agreed on how to divide assets and care for children, or else there are no assets or children to fight over.
- Contested: In a contested divorce, the parties negotiate or actively fight over assets, child custody, child support, spousal support, and even pets.
Because most attorneys charge by the hour, contested divorces are much more expensive. Uncontested divorces are cheaper, quicker, and also tend to minimize any impact on children.
>> Do I have to wait before filing a divorce?
New Jersey law requires a person to have lived in the state for at least one year before filing for divorce, except in cases of adultery, in which the time restriction is lifted.
>> Where can I file for a divorce?
New Jersey law requires a person to file for divorce in the county where either spouse is living. If you were married in another county or in another state, you still must file in the county where you reside. If spouses live in different counties, either one will do.
>> Can I file for divorce if my spouse lives in another state?
In New Jersey, there is no legal barrier to filing a complaint for divorce even if your spouse lives outside of the state. So long as you’ve lived in New Jersey for a year or more (except in cases of adultery), if you file for divorce in New Jersey, that county will have jurisdiction and handle the case, no matter where your spouse is living.
>> What if I can’t locate my spouse?
If you are unable to locate your spouse, you can rely on your attorney’s team to conduct a search. New Jersey law requires you to make a “good faith” search for your spouse. An attorney can handle this, using a last known postal address as well as DMV information and your spouse’s Social Security Number. If this search still fails to locate your spouse, the court allows you to publish the divorce complaint in a local newspaper. After this you will be able to move forward with your divorce.
>> What are grounds for divorce in New Jersey?
Some of the most common grounds for divorce are:
- Mental cruelty
- Physical cruelty
- Irreconcilable differences
Some of these grounds for divorce can be difficult, time consuming, and costly to prove. Because of that, by far the most common grounds for divorces filed in New Jersey is “irreconcilable differences.” To prove this, the court only requires you to prove that you and your spouse have been unable to get along for six months.
>> How long will it take to get divorced?
Time frames for divorce proceedings vary, and any cookie cutter estimates will be unreliable. A divorce could be finalized in under a month, or it could drag on well past a year. The amount of time a divorce takes will depend upon the facts of the case and the willingness of both parties to communicate and to compromise. An experienced divorce attorney will be able to give you a more precise and reasonable estimate after examining your circumstances at an initial consultation.
>> What will my divorce cost me?
Time and cost are usually the first questions on anybody’s mind. In most divorce cases the two are related in direct proportion. It surprises some to know that the cost of a divorce isn’t necessarily tied to the value of the assets involved. A potentially complicated divorce involving many valueable assets, property, and children could be resolved inexpensively if the parties come to an agreement before filing, or early in the process. Because most attorneys bill by the hour, the longer two spouses drag on negotiations, the more expensive the divorce becomes for both parties.
The cost of an uncontested divorce in New Jersey will typically start around $1,500.00, plus the filing fee. If the divorce is contested and there are assets and issues such as custody and child support, the initial retainer could range from $3,500.00 to $5,000.00, or more depending on the circumstances. A long and fiercely contested divorce could cost as much as $15-20,000.
>> How do I respond to divorce papers?
In New Jersey, if you’ve been served with a summons of complaint for divorce, you should consult a family law attorney immediately. You only have 35 days to respond to the complaint – that means filing an answer and a counter claim. You cannot delay to protect your rights, including control over your assets and custody of your children. If your spouse has filed a complaint, that means he or she has already consulted with an attorney about the particulars of your shared lifestyle and finances, considered strategy and drafted a set of demands. You shouldn’t wait to get an experienced attorney on your side, too. Seek that counsel, and let your attorney handle the official response.
>> Will I need to take my case to a trial?
Most divorce cases in New Jersey never make it to a trial. If the parties come to an agreement, one party can waive his or her right to an appearance, avoiding the need to go to court. Some New Jersey counties allow settlement without either party appearing in court. If there is a “default” case, when one party doesn’t answer the other party’s complaint, the filing party would have to make a very brief appearance in court to enter facts into the record before the judge comes to a decision.
>> I’m unhappy with the result of my trial. Can I appeal?
In New Jersey, you have 45 days to appeal the verdict of a case. If you appeal, the Appellate Court will take on your case. The Appellate Court may “vacate,” or make legally void, the judge’s decision in your case. If you do not file an appeal within the 45 day window, the Martial Separation Agreement (MSA) spelling out the terms of your divorce will be final and cannot be overturned. You can revise an MSA and negotiate new terms, but that requires the cooperation of your former spouse.