Divorce can be an emotional rollercoaster for everyone involved, especially regarding child custody arrangements. Understanding the legal aspects of child custody proceedings is important to avoid making costly mistakes.
From the team at the Law Office of Blake W. Rush in New Jersey, here are some common child custody mistakes parents make and how to avoid them.
Parents must closely follow visitation rules set out in their custody agreement. Violating visitation rules can give the other parent grounds to argue for decreased visitation rights or additional restrictions. For instance, if you pick up your child late several times without the other parent’s consent, you risk being seen as an unreliable parent, which could hurt your chances of winning custody.
Some parents deliberately make false or exaggerated allegations of drug or alcohol abuse, neglect, or physical and emotional abuse in child custody cases. This can be viewed as a desperate attempt to win custody and will harm your credibility as a parent. If you have real concerns, report them to the authorities and the courts, and allow an impartial investigation into the allegations.
Child custody case timelines can move quickly, and it’s crucial that you keep track of any court-imposed deadlines. Failing to appear for hearings or filing documents at the correct time can result in negative consequences. Always try to have your documents filed ahead of time and show up to all meetings promptly.
Child custody arrangements are naturally emotional stressors – this can lead to harmful behavior, such as refusing to cooperate with the other parent, making threats, or even yelling during hearings. These things do not express good parenting skills or the willingness to cooperate with the other parent. Be conscious to control your emotions and stay focused on what you really want as a parent: to maintain a close relationship with your children.
If you are seeking to obtain custody or visitation rights or need to enforce or modify your existing custody rights, we can help. At the Law Office of Blake W. Rush, representing clients in custody matters throughout New Jersey and Pennsylvania is our legal team’s specialty.
Give us a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
A divorce is one of the most difficult experiences a person can face – it can be very stressful and especially challenging when emotions run high. Knowing the five stages of divorce — denial, anger, bargaining, depression, and acceptance — can help you navigate this difficult life transition. Remembering these tips can help you cope with each stage while also ensuring that any legal agreements are handled properly with assistance from professionals where necessary so that everyone involved feels supported throughout the process.
In the denial stage of divorce, couples may feel overwhelmed or have difficulty accepting that the relationship is ending. It’s important to stay grounded in reality during this time and focus on your needs. Find support from friends, family members, or professional counseling to work through your feelings in a safe space.
During the anger stage of a divorce, people tend to feel angry at their partner as well as themselves for allowing things to reach this point. This can manifest in many ways, such as lashing out verbally or physically towards each other, engaging in destructive behavior like drinking too much, or getting into reckless situations. It’s important to remember that these feelings are normal and to seek help from those around you who can provide emotional support if needed.
During the bargaining stage of divorce, couples may attempt to negotiate an agreement about how they will divide their assets or devise an arrangement for child custody if applicable. If possible, it’s best to enlist the assistance of a neutral third party, such as a lawyer or mediator, to ensure that both parties get a fair outcome from these negotiations.
The depression stage is often characterized by sadness and hopelessness as people come to terms with the fact that things will never be the same again after their divorce is finalized. It’s important not to isolate yourself during this period but instead reach out for support from family members, friends, or even professional counseling if needed. Additionally, make sure that you are taking care of your physical health by eating well, getting plenty of rest, and exercising during this time.
In this final stage of divorce, couples can move forward with their lives knowing that they have done everything they could do within reason to make sure that their break-up was handled fairly and amicably between them both. At this point, it’s important not to dwell on what could have been but instead focus on making positive changes in your life so that you can move forward feeling empowered rather than defeated by your circumstances.
When going through a divorce, you need an experienced and knowledgeable attorney on your side to guide you through the process. Attorney Blake W. Rush at the Law Office of Blake W. Rush has more than 17 years of experience representing spouses in both amicable and contested divorces throughout New Jersey and Eastern Pennsylvania and has been board-certified as a Matrimonial Law Attorney by the New Jersey Supreme Court.
Give our firm a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
Domestic violence is a crime taken very seriously by the criminal justice system in New Jersey. The charges and penalties for domestic violence in New Jersey are varied, serious, and often depend on the severity of the abuse. Understanding the charges and penalties associated with domestic violence is important so you can protect yourself or your loved ones.
From the domestic violence attorneys at The Law Office of Blake W Rush, here’s what you need to know about the charges and penalties for domestic violence in NJ:
For an incident to be classified as domestic violence in New Jersey, there must be a relationship between the perpetrator and the victim, such as marriage, common-law marriage, civil union partners, or individuals dating or formerly dating each other. Domestic violence can include any criminal activity that results in physical injury or psychological trauma to another person.
The most common type of domestic violence charge in New Jersey is assault. Assault can range from simple assault (i.e., intentionally causing bodily harm) to aggravated assault (i.e., causing severe physical harm). Additionally, if a weapon were used during an altercation, the charge would likely be elevated to aggravated assault with a deadly weapon. Other domestic violence charges may include stalking, false imprisonment, terroristic threats, criminal restraint, harassment, and violation of restraining orders.
The penalties for domestic violence offenses vary depending on the crime’s severity and whether any aggravating circumstances are involved. A judge will consider these factors when determining the length of sentence, such as whether anyone was injured, whether any weapons were used, which type of relationship existed between the parties involved, and whether there had been any prior history of domestic disputes. If convicted of a domestic violence offense in New Jersey, the potential penalties may include fines, jail time or prison sentences, probation or parole terms, court-mandated anger management classes or drug/alcohol treatment programs, and community service hours.
A conviction for a first-degree crime may result in up to twenty years in prison, while a fourth-degree offense could result in up to eighteen months imprisonment. Depending on the particular case and charges involved, other penalties may also be imposed, such as fines and orders of protection from the court forbidding contact between the defendant and victims. Additionally, those convicted of domestic violence offenses may face significant restrictions on their civil rights, including gun ownership privileges which could prevent them from owning firearms for life.
Presenting a successful defense in domestic violence cases requires experienced, aggressive, and strategic legal representation. Our attorneys have experience helping domestic violence victims protect themselves in New Jersey and Pennsylvania and can help you stand up for your rights.
Give our firm a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
Child support is a legally mandated payment from one parent to the other for the care of their child. Understanding how child support is calculated in New Jersey can help both parties navigate the process.
From the team at The Law Office of Blake W. Rush, here is an overview of New Jersey’s guidelines regarding calculating and paying child support:
In the State of New Jersey, support guidelines are utilized to determine how much money should be paid in child support weekly. These complex guidelines calculations are based on several factors, including the gross and net income of both parents, the ages and the number of children involved, and the parenting time arrangements. Depending upon the circumstances, the support guidelines may also factor in additional expenses or adjustments, such as mandatory retirement contributions, union dues, medical insurance premiums for the children, childcare costs, private school tuition, and other court-approved expenses that either parent may be responsible for paying.
Once these support calculations have been made, they must be submitted to the court, where they will be reviewed by a support hearing officer and judge for approval. Once approval is given, an order outlining the amount to be paid will be issued and must then be followed by both parents until it is otherwise modified by the court. Unless good cause is shown otherwise, the court often adjusts child support orders every two years to account for the cost of living increases
It is important to understand that the support guidelines are intended to apply only to children less than 18 years old or still attending high school. The support guidelines are not used to determine parental contributions for college expenses or the amount of support for a child attending college.
In New Jersey, several options are available for making payments on time and in full each month.
For all areas of family law, including child support payments, our expert attorneys are here to help. Here at the Law Office of Blake W. Rush, we represent clients in custody matters throughout New Jersey and Pennsylvania.
Give us a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
When the new year starts, many find themselves trying to accomplish resolutions designed to build them a healthier and happier life. For some, this can mean it’s finally time to step aside from your marriage and file for divorce.
It’s true; January is one of the most popular months for divorce. In fact, it has been dubbed “Divorce Month” by many in the legal profession due to its high rate of filings. But why is this?
There are a few main reasons that January sees more divorces than other months. First, the holidays often bring out unresolved issues and tensions between couples who would otherwise remain together. This can lead to increased arguments and disagreements, which may result in a decision to end the marriage. Additionally, after spending time with family members during the holidays, some people may feel like their current relationship does not measure up or meet their expectations for what a marriage should be like. Finally, people often use New Year’s resolutions as motivation to make changes in their lives, including ending unsatisfying relationships and starting fresh with someone new.
Here are some tips to keep in mind as you begin the process of planning for a divorce in the new year:
When going through a divorce, you need an experienced and knowledgeable attorney on your side to guide you through the process. Attorney Blake W. Rush at the Law Office of Blake W. Rush has more than 17 years of experience representing spouses in both amicable and contested divorces throughout New Jersey and Eastern Pennsylvania and has been board-certified as a Matrimonial Law Attorney by the New Jersey Supreme Court.
Give our firm a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
If you’re getting ready to meet with a divorce attorney for the first time to discuss your case, it’s normal to feel nervous and even intimidated; starting the divorce process is a significant step. Don’t worry; the right divorce attorney will be ready to answer all your questions and will carefully help you navigate through the case proceedings.
Before your consultation, it may help and put your mind at ease to prepare some questions to determine if they are the right attorney for you.
It can be difficult to know where to begin as you discuss your marriage and your desire for a divorce. Therefore, ask the attorney what information you need to share. Then, the lawyer can guide you through the process of telling your story and identifying the issues you want to address during this first meeting.
Most people do not think about the divorce process until matters at home become unbearable. Therefore, it is common to have many questions regarding how you obtain a divorce in either New Jersey or Pennsylvania. Each divorce case is unique. However, there are basic steps involved in all divorce actions. A divorce lawyer can explain each step of the divorce process in terms that are easy for you to understand. Having a general understanding of what to expect when you file for divorce can ease the stress and fear of taking the first steps to end your marriage.
This is one of the most important questions you should ask a prospective attorney. Do they specialize in divorce and family law matters, or are they just one part of their practice? How many years have they been handling divorces? Are they a board-certified specialist in divorce?
The lawyer’s experience level is especially critical when your case is more complex, such as those involving child custody disputes, high net worth individuals, or a significant income disparity between the parties. An attorney not well versed in family law may drop the ball negotiating a settlement or, worse yet, in the courtroom. A poor outcome from hiring an inexperienced or inadequate attorney to handle your divorce will often result in long-term, negative consequences for you.
You may meet a divorce attorney whose personality and style you really like. You may “click” with this person and look forward to working with them through your divorce proceedings.
So, what happens when you find out that you are actually not going to work directly with this attorney but rather with a junior partner or associate from their firm? This can naturally be frustrating. To avoid this, we recommend simply verifying that the attorney you speak with is the one who will be doing the bulk of the work on your case and that they are the person with whom you will be directly communicating with throughout the process.
After you discuss the above questions, your last question addresses what to do next. If you are ready to pursue a divorce, the lawyer explains the attorneys’ fees and cost of retaining the law firm.
The attorney may also give you specific instructions regarding what you should do, such as remain in the marital home, gather documents, prepare to move out of the home, etc. The steps will depend on the circumstances of your situation.
If you are not ready to hire a divorce lawyer, the attorney may offer suggestions for how you can protect your rights and your best interests as you consider your next step.
When going through a divorce, you need an experienced and knowledgeable attorney on your side to guide you through the process. Attorney Blake W. Rush at the Law Office of Blake W. Rush has more than 17 years of experience representing spouses in both amicable and contested divorces throughout New Jersey and Eastern Pennsylvania and has been board-certified as a Matrimonial Law Attorney by the New Jersey Supreme Court.
Give our firm a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
A prenuptial agreement, also referred to as a prenup, is a legal contract you and your future spouse agree to sign before legally getting married, stating what exactly will happen to the joint finances and assets in the event of a divorce. The prenuptial agreement will detail the various assets and debts each individual has and then specify each person’s rights to those properties in the event the marriage ends. The prenup will also include any other mutual agreements reflecting your objectives and values about the marriage and possible divorce.
If you are planning to get married, you should consider and talk about getting a prenup. Unfortunately, many marriages end in divorce, and more often than not, they are messy and fueled by anger or sadness. A thoughtfully drafted prenup ahead of the wedding can create a smoother, less complex divorce process if it comes down to it. Getting a prenuptial agreement will be the least fun part of your wedding planning, so discuss and execute one early after the engagement.
No; prenuptial agreements are for any couple planning to get married, regardless of their current wealth status and assets. One of the key parts of a prenup is the detailed instructions for how you both wish your accumulated assets will be divided in the event of divorce or death. Prenups can also list other important decisions, such as seeking mediation and arbitration or an agreement to not seek alimony in the event of separation.
Many couples reject even the thought of getting a prenup as it kills the romance and excitement surrounding a wedding and could signal a lack of trust or faith in the relationship. Though prenuptial agreements aren’t romantic per se, they can be an important and impactful part of getting ready for marriage. Prenups spark candid conversations about the fiance’s expectations with a life-long commitment that can lead to a strengthened bond ahead of the wedding.
You and your future spouse can decide what will be listed in your prenuptial agreement. This can include a guaranteed amount of alimony, alimony for a fixed period of time, or none at all; it’s up to you.
It is recommended that each party gets advised by their own prenup attorneys. Each of you should have a thorough understanding of prenups terms and their consequences (if broken) before signing. When you and your future spouse have your individual attorneys, it is easier to guarantee that both of your thoughts and wishes are being addressed during the process.
If you are looking to set up a prenuptial agreement with your future spouse, our team can help. Here at the Law Office of Blake W. Rush, we proudly represent our clients with all family law matters throughout New Jersey and Pennsylvania.
Give us a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
Unfortunately for some couples, no amount of counseling and work can save the marriage, and parting ways and starting anew is the best option. When this decision is made, there’s plenty to process and prepare yourself for, as divorces can be emotionally and financially draining.
Untangling your and your spouse’s money may be a messy process. So, to stay prepared and to protect yourself, one of the best things you can do is get your finances in order.
When planning for a divorce, one of the first things on your checklist should be to find and gather all the required documentation and files your divorce lawyer will need, especially for your finances. Some documents to consider include:
Gathering everything can take some time, so don’t hesitate to get started.
In amicable divorces, there is usually a free exchange of information, including financial records and data. However, there are many cases, especially among feuding couples, where one spouse refuses to reveal financial details and release the needed documents until they are legally forced to do so. Even if your relationship with your future ex-spouse seems cordial, be prepared for difficulties when discussing finances during separation. To stay prepared, collect your documents as soon as possible and speak with your attorney about court-ordered options.
As mentioned above, it’s important to note all the assets you have individually and accumulated with your spouse. Your assets should include anything you owned prior to the marriage, such as property, inheritances, and gifts. Make another list of all the assets you and your spouse have together.
As soon as you believe a separation or divorce is impending, open your own financial accounts– this may include checking and savings accounts and a debit or credit card in your name only. To ensure your information stays private, think about opening an account at a different bank you’ve used with your spouse. Doing so gives you security over your own money and provides you the opportunity to start building your finances and strengthen your credit score, which will help you post-divorce.
As most people know, divorces can be costly, so when preparing for your divorce, consider carefully tracking your spending and utilizing a budget. Examine your income and regular expenses, and determine how much you need to spend and save. This will help you ensure you are prepared for the potential financial strain of a divorce and ready for your new, single life.
Though getting a jump start on adjusting to being single may be tempting, it’s best to wait before making major financial changes or decisions until your divorce is complete. Major spending during the divorce proceedings could raise a red flag and cause the judge to award more to your spouse.
Divorce laws in the U.S. vary from state to state, so avoid getting one-size-fits-all advice regarding finances and your divorce. The best way to be prepared and get the correct information is to work with an expert divorce attorney in your state– they can give you all the advice and legal aid you need through every step of your divorce.
When going through a divorce, you need an experienced and knowledgeable attorney on your side to guide you through the process. The attorneys at the Law Office of Blake W. Rush have more than 16 years of experience representing spouses in both amicable and contested divorces throughout New Jersey and Eastern Pennsylvania.
Give us a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
It’s no secret that the costs of a divorce may add up over time. However, being prepared and knowing where these costs are coming from at the start can better prepare you and your finances for the divorce process.
The first fee you will encounter for your divorce is when you file. The New Jersey Court has a $300 fee for filing your papers to officially start the divorce process, also known as the “complaint.” However, if you have kids, there is an additional $25 Parent Education Registration fee.
For divorce, it is required that the person who files alerts the other party to their intent for divorce and gives them the required paperwork. If your spouse is not located nearby, is difficult to reach, is aggressive, etcetera, you may need to hire a process server; their job is to deliver the court papers to your spouse on your behalf.
It will be an additional cost to you outside of the courts. Your documents must be served within 120 days after your complaint has been filed; otherwise, your case will be dismissed, and you’ll need to restart the filing process.
In a divorce that will go through the court system, a New Jersey divorce attorney is needed to represent you and guide you through all matters of the divorce process. An attorney only represents one spouse and will work to attain the most favorable outcome possible for their client. Divorce attorneys will typically charge by the hour and will require an initial retainer fee.
The cost for your divorce attorney’s services will range based on the complexity of your case and the time it takes to resolve the matter. And just like other services, some attorneys may charge more than others. To make sure you’re working with the right, expert attorney, schedule a free consultation to discuss your case.
When going through a divorce, you need an experienced and knowledgeable attorney on your side to guide you through the process. The attorneys at the Law Office of Blake W. Rush have more than 16 years of experience representing spouses in both amicable and contested divorces throughout New Jersey and Eastern Pennsylvania. For quality law services at reasonable rates, the Law Office of Blake W. Rush is the firm to turn to.
Give us a call at (903) 713-9800 or visit our website to contact us and learn more about how we can help you.
Summer is the time that every child looks forward to; a well-deserved break from school, fun with friends at camp, or maybe even a vacation with mom or dad. For separated parents, however, the summer season can be difficult when managing child custody and the change in routine schedule.
Because of the difficulty among separated and divorced parents in fairly managing summertime custody, the agreements are typically decided by the courts and specifically defined in the documents. New Jersey law equally considers both parents’ time for the summer season.
Parenting schedules and vacation time are almost always specifically spelled out in a marital settlement agreement or court order. As a result, the agreement or order will discuss the parenting schedule for the summer months while the kids are out of school. For example, it is typically customary in New Jersey for each parent to receive two non-consecutive weeks of summer vacation time with their children each year.
Regarding vacations and trips, each parent must generally provide advance notice and an itinerary to the other parent. Moreover, priority for vacation weeks often goes to the party who notifies the other party first. Outside of those two weeks of vacation time for each parent, the regular parenting schedule would then apply for the remainder of the summer. However, in some cases, agreements or orders may provide that parents will equally divide the entire summer with their children, either through alternating weeks of custody or some other rotating schedule.
One of the best ways to be certain that there are no potential issues with your parenting time is by hiring the right lawyer. Working with an experienced and knowledgeable child custody attorney helps ensure your custody agreement thoroughly details the parenting schedule for your children’s summer vacation.
The attorneys at the Law Office of Blake W. Rush always ensure that the custody agreement is highly detailed and addresses common issues such as parenting time schedules, transportation, summer vacation, phone contact, extra-curricular activities, etc., that parents are likely to encounter as their children grow older.
If you are seeking to obtain custody or visitation rights or need to enforce or modify your existing custody rights, we can help. At the Law Office of Blake W. Rush, representing clients in custody matters throughout New Jersey and Pennsylvania is our legal team’s specialty.
Give us a call at (903) 713-9800, or visit our website to contact us and learn more about how we can help you.