The decision of divorce is a difficult one. However, once you decide to divorce, you will soon discover that is just the beginning of the difficult decisions you will have to make. You should make them with the advice and guidance of an experienced attorney who dedicates himself to the issues of matrimonial law.

As a skilled Red Bank, New Jersey Divorce Attorney, I will help protect your rights, your property, and your children, and will craft a representation that has your interests in mind.

With offices in Monmouth and Union County, but also serving Middlesex, Ocean, Bergen and Hudson counties, I represent clients in negotiation and litigation of disputes involving:

• Divorce
• Child Custody & Support
• Matters of Equitable Distribution of Property
• Post-Judgment Modification & Post-Judgment Enforcement
• Spousal Support (Alimony)
• Domestic Violence (Superior Court/Municipal Court)

The prospect of divorce is frightening. Divorce is a traumatic event for any family. For many families, divorce results in a sudden realization that everything you thought was certain has become uncertain. Uncertainty about the future can be especially frightening for children. In my divorce practice, I try to work with you and your family to establish some new certainties for the future.

In a divorce, you should have your own divorce attorney, and it should be a divorce attorney who is an expert with divorce laws in New Jersey, the divorce process, and productive divorce strategy. As an experienced Red Bank, New Jersey Divorce Attorney, the bulk of my practice is devoted to representing individuals in divorce proceedings. Your attorney should be familiar with the Courts and the Judges with whom you will come in contact. Your attorney should be devoted to the area of divorce practice and not a jack of all trades dabbling in divorce law. My practice is solely devoted to the practice of Family Law in the State of New Jersey.

I have considerable experience helping clients resolve issues involving child custody and support, spousal support (alimony), and complex property division issues, including asset valuation and valuation and division of family owned businesses.  The end of your marriage does not have to mean the end of your family or loss of everything for you have worked hard.  It should be a new beginning. I will help you protect what you have and leave your marriage with everything to which you are legally entitled. I will assist you in your "new beginning".

Whether you are considering divorce, your spouse is seeking a divorce, or you are already involved in divorce proceedings, working with an experienced divorce attorney can be the difference between a smooth transition and bitter one.

If you or someone you know is involved in a divorce or child custody issue and needs the assistance of an experienced Red Bank, New Jersey Divorce Attorney, call John A. Patti, Esq. today at 866-742-2939, or complete the contact form provided on this site to schedule your initial consultation. 

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Equitable Distribution:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines. Alimony may also be rehabilitative or alimony may be a limited duration type of support.

There are many factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Domestic Violence:
Being granted a temporary restraining order (TRO) is a relatively simple process. However, if you require a permanent, or final, restraining order (FRO), you will need to demonstrate the necessity of such an order in court. If you are being threatened, abused, or you are in danger of being abused, we will aggressively present your case to help you secure a restraining order.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

If you or someone you know is involved in a divorce or child custody issue and needs the assistance of an experienced Red Bank, New Jersey Divorce Attorney, call John A. Patti, Esq. today at 866-742-2939, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know is involved in a divorce or child custody issue and needs the assistance of an experienced Red Bank, New Jersey Divorce Attorney, call John A. Patti, Esq. today at 866-742-2939, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Law Offices of John A. Patti
52 Reckless Place
Red Bank, NJ 07701
Telephone: 866-742-2939
Fax: 908-272-5220

Union County Office
20 Commerce Drive, Suite 132
Cranford, NJ 07016

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MEMBERS OF THE FIRM:

John A. Patti, Esq.
John possesses exceptional academic credentials, strong community ties, and is passionately committed to the pursuit of excellence in the practice of family law and has been practicing law over 15 years.

John understands the difficulties divorces can impose upon a family. He is dedicated to working with you to develop custom-tailored legal solutions for issues such as child custody and support, division of assets and debt, and visitation schedules that work for you and your family. He spends the time to get to know you and your family so he can make the recommendations that are right for you.

As an experienced litigator, John will never allow anyone to take advantage of you.  If reasonable agreements cannot be reached without the need of trial, he will vigorously advocate for you in court. John has also recently appeared before the Honorable Chief Justice John Roberts of the United States Supreme Court and is admitted to practice law in that Court.