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Family Law & Divorce

Posted by Arlindo B. Araujo | Jul 15, 2024 | 0 Comments

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: 
  1. 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)

About the Author

Arlindo B. Araujo

Decades of practical experience, Arlindo “Art” Araujo has counseled and advised clients in many areas of the law.  Arlindo handles administrative, bench and jury trials in the areas of family law, immigration removal / deportation matters, civil, criminal and personal injury litiga...

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