Law Offices of David M. Schlachter, LLC

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Divorce / Dissolution of Marriage / Child Custody

Your rights in your marital property and your children are the most important assets you can fight for. If your marriage is at the point where you and your spouse must go separate ways, or your spouse already initiated the process, let Law Offices of David M. Schlachter fight for you and your rights.

The following list highlights some of the areas of Divorce Law
We fight for our clients who are facing divorce and/or custody issues

Void or Voidable Marriage
Separation
Actions for Divorce
Equitable Distribution of assets
Maintenance / Child Support
Alimony
Custody of Children
The Divorce Action
Uncontested Divorce
Dissolution of Civil Unions
Mediation

Remember to contact us to find out how to protect your rights!

Void or Voidable Marriage

This is an instance where marriage was entered under false pretenses. In certain instances the marriage can be dissolved, as if the couple never married.

Separation

Separation is when the couple either lives apart from each other for an extended period of time or live together, but make it overtly clear that they can no longer cohabit as husband and wife. Separation is often used as a prerequisite to divorce.

Actions for Divorce

A married couple cannot simply dissolve their marriage by separating, performing a ceremonial divorce, or asking a court to dissolve the marriage. The spouse seeking divorce must bring an action for divorce and allege one of several grounds for divorce. These grounds include separation, cruel and inhuman treatment, abandonment, imprisonment, and adultery. In New Jersey drug addiction and mental institutionalization are also grounds for divorce.

Equitable Distribution of assets

The most difficult, time consuming, and contested part of a divorce action is the equitable distribution of the assets. Equitable Distribution is when the court marshals all of the couples' assets, categorizes which assets are marital property and which are excluded, and then divides up the martial assets . Let us fight for you so you get your fair share.

Maintenance / Child Support

Children are your most important asset. One of the main reasons for the court dividing up the assets is to determine the obligations of the couple going forward. The court will judge each party's obligation to provide maintenance to the other and support any marital children. Courts also make important decisions on visitation and custody. Let us fight for your rights to keep custody over your children.

Alimony

Aside from maintenance of a spouse, which goes toward keeping that spouse living in the same condition that the spouse lived in during the marriage, if possible, courts may also rule on alimony. Alimony is a judgment award that is awarded to the winning party in a divorce action. This often is to support that spouse until he or she gets remarried.

Custody of Children

Highly stressful, contested, emotional, and mostly disputed during a divorce proceeding, the issue of child custody is at the heart of divorce proceedings. Child Custody is the rights of each parent to have guardianship over that child. Courts can determine which parent will retain guardianship and provide the other only with visitation rights.Let us fight for your rights as a parent for custody and visitation.

The Divorce Action

The Divocre Action is similar to other civil actions, and is litigated much the same way. The major difference is the emotional attachment to the stakes involved.

Ucontested Divorce

To a certain extent the courts allow unconsted divorce. There are prerequesites required, such as separation and the filing of irreconcilable differences, but an agreement can be worked out between the parties.

Dissolution of Civil Unions

In New Jersey, and in New York to a certain extent, dissolving civil union domestic partnerships is done much the same way as martial dissolution for heteresexual couples.

Mediation

Mediation is an alternative dispute resolution option to a divorce action. Mediation allows the couples to come together and divide up their assets and arrange child custody and then file for uncontested divorce. Courts are increasingly favoring the mediation route and our office can serve as mediator or advise you of your option and represent you at a mediation.

Our practice extends to: Wills, Halachic Wills, Trusts, Estate Probate, Estate Administration, Estate Planning, Elder Law, Mortgage Foreclosure Advocacy, Mortgage Foreclosure Mediation, Employment Law, Labor Law, Family Law, Guardianship, Real Property Law, Real Estate, Litigation, Business Organization, Mediation, Negotiation, Alternative Dispute Resolution, Animal Law, Small Business Adviser, Insurance * In New York: Brooklyn, Manhattan, Queens, Bronx, Staten Island, Monsey, New Square, Westchester, Long Island, Five Towns; In New Jersey: Bergen County, Essex County, Hudson County, Passaic County, Lakewood * All rights reserved

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