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Divorce and Family Law |
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When 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. |
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Divorce 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.
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Spousal 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.
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Custody, Visitation & Support
When there are children involved they must be handled in
special and sensitive ways making sure that their needs are
met. In situations where the parents cannot agree on basic
issues the Court will conduct a Best Interest investigation to
decide with which parent the child/children should live and
how visitation should be handled. It is usually best for the
parties to come to an agreement between themselves, with the
help of experienced attorneys. We have handle a number of
Custody dispute cases and successfully worked out agreements
with and without the court's assistance.
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Domestic 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 is necessary to protect either party. Often times,
this is the first step in the process of separating and
getting divorced.
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At 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. |
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