Family Law & Divorce

Family Law

Domestic Violence

In the United States, domestic violence laws are addressed under various states, including New Jersey. One significant law in New Jersey which targets domestic violence is : “Prevention of Domestic Violence Act” (PDVA). This law provides legal protections and remedies for victims of domestic violence, including restraining orders, emergency assistance, and access to support services.

In New Jersey, the “Prevention of Domestic Violence Act” (PDVA) , identifies 14 criminal acts that constitute domestic violence when committed against a person protected under the law.

These acts are considered domestic violence offenses when committed by a person against a spouse, former spouse, household member, or someone with whom the person has a dating relationship or prior history with. The PDVA provides protections and legal remedies to victims of domestic violence in New Jersey, including the possibility of obtaining a restraining order and access to support services. When getting an attorney, it is best to go with our attorney who specializes in cases involving domestic abuse and family law. It is crucial to retain an attorney who has decades of experience navigating through divorces safely and effectively.

If you or someone you know suffers from domestic violence. Reach out for help. Call the New Jersey Domestic Violence Hotline at 1-800-572-SAFE (7233).

Legal Considerations:

Grounds for divorce

When filing for divorce, whoever is filing must state a reason for the divorce recognized by New Jersey law:
1. No-fault or irreconcilable differences
2. Separation
3. Extreme Cruelty
4. Other grounds: such as adultery, institutionalization, and incarceration for an extended period.

For more information, read N.J.S.A. 2A:34-2.

There is no need to accuse the other spouse of doing anything wrong when filing based on irreconcilable differences.

1. Grounds For Divorce: In many jurisdictions, domestic violence can be grounds for divorce. This includes physical abuse, emotional or psychological abuse,  and financial abuse, etc,
2. Evidence Requirement: Courts typically require evidence to substantiate claims of domestic violence, which may include medical records, police reports, witness statements, and testimony from the victim.
3. Protective Orders: During divorce proceedings involving domestic violence, victims may seek protective orders (restraining orders) to ensure their safety and that of any children involved.

Before coming in for your consultation make sure to have below documents and information in hand at the time of your appointment: 

Documents such as:

Marriage certificate

Financial statements (bank accounts, retirement accounts, investment portfolios)

Property deeds and mortgage documents

Tax returns for the past three to five years

Pay stubs and employment records

SSN information of parties involved

Copy or original Prenup signed

Health, dental, life, automobile, insurances

Any other relevant documentation pertaining to either parties

Finances:

Real estate properties : Most recent home appraisal and mortgage documents

Vehicles

Personal property (jewelry, collectibles, electronics)

Debts (credit cards, loans, mortgages)

Tax returns for the last 3-5 years

Any other assets

Child Related Expenses

Sole Custody or shared

Out of pocket expenses related to children

Birth certificates of children

Employer:

Employer name, address, and phone number for you and your spouse

Employment contracts or offer letters

Last three pay stubs

Pensions, IRAs, Roth IRAs, 401(k), 403(b)