Mediation is suitable for separating spouses, co-parents, and family members seeking a cooperative resolution to legal disputes. Mediation is an amazing tool because it allows the parties to control the narrative and in turn they are able to be creative in curating an arrangement that is best for them as individuals. The parties are in control over their destiny instead of a stranger in a robe that is confined by certain parameters. Mediation allows you to create solutions a Judge would not be able to impose and oftentimes people are much happier with a resolution they are involved in crafting, instead of one that is imposed on them by the Court. It works best when both parties are willing to participate in good faith and when both parties understand that compromise is necessary from both sides.
Many mediation matters can usually be resolved in a few sessions over several weeks. The timeline depends on the number of issues, the level of conflict, documents that are needed to be exchanged and how quickly parties are able to reach agreement.
Yes. Like any Court order or legal agreement, a signed mediated settlement can be modified later if both parties agree or if there is a significant change in circumstances. This is especially common with child custody and support matters.
Once both parties sign a written agreement at mediation, often called a “Term Sheet” or “Memorandum of Understanding”, it becomes a binding and enforceable contract that will almost always be recognized by the Court.
If mediation is voluntary, either party may decline to participate. If it is court-ordered (as is sometimes the case), refusal may have consequences, such as delays or negative influence on the Judge’s view of cooperation.
In New Jersey, probate is the legal process of verifying a will and administering the deceased's estate. It starts with filing the will with the Surrogate's Court in the county where the deceased person lived. If the will is deemed valid, an executor is appointed to distribute the decedent's assets according to the will's instructions. The process ensures that debts and taxes are paid before beneficiaries receive their inheritance.
Probate proceedings can often be avoided if the deceased had a living trust, as assets placed within the trust are not subject to probate. Rozin | Golinder Law advises clients on strategies to minimize the impact of probate, ensuring a smoother transition of assets and reducing unnecessary legal hurdles for beneficiaries.
Understanding estate taxes is crucial for effective planning in New Jersey. As of the latest regulations, the state does not impose an estate tax, but the federal estate tax might still apply if the estate's value exceeds the federal threshold. However, New Jersey does have an inheritance tax, which varies based on the beneficiary's relationship to the decedent. Immediate family members often have exemptions or lower rates, while distant relatives or friends face higher tax rates.
Rozin | Golinder Law provides insights on minimizing tax liabilities through strategic planning. Our team offers tailored advice to clients, factoring in their specific relationships and assets, ensuring their estate plans are both tax-efficient and aligned with personal legacies.
An effective estate plan typically includes several essential documents: a will, which directs asset distribution; trusts, which specify conditions for asset management; durable powers of attorney, which appoints someone to manage legal and financial matters if you're incapacitated; and healthcare directives, which outline your healthcare preferences and appoint a decision-maker in medical situations.
Hiring a knowledgeable attorney is advisable to ensure these documents comply with New Jersey laws and effectively advocate your wishes. At Rozin | Golinder Law, we ensure each document is meticulously crafted, empowering you with confidence and control over your estate and personal affairs.
Life changes such as marriage, divorce, birth of children, or significant asset purchase can greatly affect your estate planning needs. Regular updates ensure the plan reflects your current situation and intentions. Neglecting updates may lead to unintended distributions or overlooked wishes, potentially causing distress to beneficiaries.
At Rozin | Golinder Law, we stress the importance of periodic reviews of estate plans to adapt to changing circumstances or legislation. This proactive approach ensures that your legacy is preserved according to your evolving vision and that transition to beneficiaries is seamless and aligned with your desires and values.
A revocable trust is a flexible estate planning tool allowing the grantor to retain control over assets during their lifetime. It provides continuity upon incapacity or death, as the designated successor trustee can immediately manage or distribute assets without probate, ensuring a smooth transition. Additionally, it maintains privacy, as trust details remain outside public records, unlike a will.
Rozin | Golinder Law assists clients in setting up revocable trusts to align with their estate planning goals, offering peace of mind and security in asset management. Our personalized approach ensures that these trusts maximize benefits, reflecting clients' unique financial and personal circumstances.
Unlike undergraduate expenses, Courts generally do not require parents to pay for graduate education, but in some exceptional circumstances, such as when a child shows extraordinary academic promise or when graduate education was contemplated in the original agreement, it may be considered.
Courts prefer that parents and children work together on college decisions. If agreement cannot be reached, a Court may intervene, considering factors such as the child's abilities, the parents' financial resources, and what would have likely occurred had the parents remained married.
The Newburgh case factors, which is the seminal college contribution case in New Jersey, specifically consider the relationship between the child and the parent, but this is but one factor. If a child has rejected a relationship despite the parent's reasonable efforts, Courts may may take that into consideration when determining a parent's obligation to contribute to college expenses, however they will weigh all the factors when making an ultimate decision.
529 plans are typically considered marital assets subject to equitable distribution, though they are restricted for educational use. Divorce agreements should specifically address how these accounts will be managed, including who will serve as custodian, whether said accounts count towards a parent’s obligation to contribute and how decisions about distributions will be made.
College contributions may include tuition, room and board, books, fees, transportation, and reasonable personal expenses. The specific items covered should be clearly defined in your agreement or Court order.
Yes, direct payment to the educational institution is common and often preferred to avoid conflicts. This arrangement should be specified in your agreement or Court order.
Couples or co-parents who want more control over decisions about their assets, finances, or parenting plans—rather than relying on a Judge—are prime candidates for mediation. Even in contentious situations, a skilled mediator can help foster dialogue and compromise if both parties are open to solutions.It is important to remember that mediation allows you to reach a settlement that is creative and curated to your individual needs and circumstances. Many times Courts are constrained by statute and case law which makes their decisions more “cookie-cutter” and “one size fits all”. If you want to be in control of your future and are willing to work towards a resolution, Mediation is a great tool to utilize
Mediation sessions themselves are non-binding, but if you reach an agreement and sign a formal document during mediation that outlines your agreement, it becomes legally enforceable. In divorce matters, courts often approve and incorporate the mediated agreement into a final judgment.
While not mandatory, it is often wise to consult your own attorney—especially in divorce cases involving significant property or complex financial situations. An attorney can review any proposed settlement and ensure it serves your long-term interests.
Many people opt for mediation precisely because communication has become strained. A skilled mediator creates a structured environment that fosters constructive dialogue. If discussions stall, the mediator can speak to each party separately or try other techniques to break impasses.
Issues like parenting schedules, decision-making authority, and child support are often central to family mediation. The mediator helps parents develop a balanced plan that protects the child’s best interests while accounting for each parent’s circumstances.
Mediation is typically voluntary unless mandated by the court. If your spouse outright refuses to participate, you may have to proceed with litigation or consider other forms of alternative dispute resolution. However, many Judges in New Jersey expect couples to at least attempt mediation before scheduling a trial.
Many custody arrangements are reached through private negotiation or mediation. If both parents can agree on a plan that serves the child’s best interests, the court will typically approve it without requiring a formal hearing.
While a child’s preference may be considered, it is just one of many factors the court examines. The court also evaluates the child’s age, maturity, and reasons for preferring one parent over the other. Ultimately, the Judge’s decision hinges on the child’s best interests.
Domestic violence is taken very seriously by New Jersey courts. Verified allegations of abuse can restrict or even terminate a parent’s custody or visitation rights, depending on the severity of the situation. The court’s primary goal is to ensure the child’s safety.
If you believe your child is in immediate danger, contact the authorities and seek legal help. You can request an emergency hearing to address the safety issues. Our Middlesex County attorneys can guide you through gathering evidence, filing restraining orders, and pursuing any necessary modifications to your existing custody plan.
Generally, only one parent may claim the child as a dependent for tax purposes in a given year. If you share custody, you may alternate years or work out an arrangement in your parenting plan. It’s best to consult a tax professional for personalized guidance on your situation.
The timeline varies. An uncontested divorce can wrap up in as little as a few months, whereas a hotly contested case usually spans six months to one year – on average. Factors such as the complexity of assets, child custody disputes, and cooperation between spouses can impact the overall timeframe.
Costs depend on the complexity of your case, attorney fees, and whether you can settle outside of court. High-asset or contentious cases typically require more legal work (e.g., discovery, expert witnesses), which can increase expenses. During your initial consultation, we’ll discuss fee structures and potential costs to help you budget accordingly. We also offer financing and accept credit cards if that’s helpful or necessary.
New Jersey does not require both parties to consent to a divorce. If your spouse refuses to cooperate, you can still proceed under no-fault or fault grounds. The court may grant a default judgment if the non-filing spouse fails to respond. Simply put, they can’t force you to stay married to them and we will get you divorced one way or another.
If you or your spouse has lived in New Jersey for at least one year—and you meet the statutory grounds, such as irreconcilable differences—you are eligible to file. Speak to a lawyer if you have questions about residency or any special circumstances (e.g., military deployment).
Yes. Many couples (actually most) settle all issues through negotiation, mediation, or collaborative divorce. If you reach an agreement on every aspect of your case (property division, alimony, child custody, and support), you can proceed without a trial.
If you and your spouse agree on all key issues—like property division, child custody, and support—you can pursue an uncontested divorce. This generally means a faster and more cost-effective process. Even in an uncontested case, it’s wise to consult an attorney to ensure your agreement meets all legal standards and fully protects your rights before filing with the court.
While it is not a legal requirement to file for divorce with an attorney, having legal counsel is highly recommended—especially in cases involving substantial assets, complex custody disputes, or spousal support. Do it once and do it right. A skilled lawyer ensures your rights are protected, reducing stress and giving you confidence in your final divorce settlement.
Our firm proudly serves clients throughout Central New Jersey. Our Middlesex County office is located in East Brunswick at:
197 Route 18 South
Suite 303N
East Brunswick, NJ 08816
Costs can vary depending on the complexity of your case, the amount of negotiation or litigation required, and other unique factors. Many family law attorneys work on an hourly basis, often requiring an initial retainer fee. During your consultation, we will provide a clear breakdown of potential legal fees and expenses so you can make an informed decision about how to proceed.
Hiring a family lawyer for your matter is an important decision. When vetting potential attorneys, consider their:
While it is possible to represent yourself, hiring an experienced family law attorney is highly recommended. Family law involves complex legal procedures and critical decisions that can impact your family, finances, and future. An attorney helps protect your rights, advises you on strategy, and negotiates or litigates effectively on your behalf.
Yes. We have a Certified Mediator on staff with over 30 years of family law experience. Mediation can help couples reach amicable resolutions for issues such as custody and support without the stress and expense of litigation. It’s often a more private process and can promote healthier post-divorce relationships, especially when children are involved.
To speak with one of our dedicated attorneys, simply call our office at (732) 377-3367 or use our online contact form. We will schedule a free confidential consultation to learn more about your situation, discuss potential strategies, and outline the next steps in your case.
While it is not a legal requirement to file for divorce with an attorney, having legal counsel is highly recommended—especially in cases involving substantial assets, complex custody disputes, or spousal support. Do it once and do it right. A skilled lawyer ensures your rights are protected, reducing stress and giving you confidence in your final divorce settlement.
Our firm proudly serves clients throughout Central New Jersey. Our Middlesex County office is located in East Brunswick at:
197 Route 18 South
Suite 303N
East Brunswick, NJ 08816
Costs can vary depending on the complexity of your case, the amount of negotiation or litigation required, and other unique factors. Many family law attorneys work on an hourly basis, often requiring an initial retainer fee. During your consultation, we will provide a clear breakdown of potential legal fees and expenses so you can make an informed decision about how to proceed.
Hiring a family lawyer for your matter is an important decision. When vetting potential attorneys, consider their:
While it is possible to represent yourself, hiring an experienced family law attorney is highly recommended. Family law involves complex legal procedures and critical decisions that can impact your family, finances, and future. An attorney helps protect your rights, advises you on strategy, and negotiates or litigates effectively on your behalf.
Yes. We have a Certified Mediator on staff with over 25 years of family law experience. Mediation can help couples reach amicable resolutions for issues such as custody and support without the stress and expense of litigation. It’s often a more private process and can promote healthier post-divorce relationships, especially when children are involved.
To speak with one of our dedicated attorneys, simply call our office at (732) 377-3367 or use our online contact form. We will schedule a free confidential consultation to learn more about your situation, discuss potential strategies, and outline the next steps in your case.
While it is not a legal requirement to file for divorce with an attorney, having legal counsel is highly recommended—especially in cases involving substantial assets, complex custody disputes, or spousal support. Do it once and do it right. A skilled lawyer ensures your rights are protected, reducing stress and giving you confidence in your final divorce settlement.
t’s important to understand what you will be required to provide your spouse and the Court with during your divorce.
There are many forms you will need to file, and while there are resources to help you, you can save time and headache by working with a qualified lawyer who deals with the nuances of this process multiple times per day.
No. There are other alternative dispute resolution methods available to help you and your spouse come to an agreement outside the courtroom. By taking advantage of these methods, you can avoid the pain, time requirements, and high costs of the legal fees associated with a courtroom divorce.
These alternative dispute resolution methods include:
In either case, your lawyer will be able to help you make wise decisions for your future. By putting the right pieces in place early on, you can avoid some of the mistakes many people make when protecting their assets.
No. The same way people have health insurance or car insurance - a prenup is relationship insurance, especially when 50% of marriages fail. Couples who enter into a prenuptial agreement before marriage often put important matters on the table right away, rather than later on after the honeymoon phase is over. By identifying shared vs. individual property before taking your vows, you can avoid the stress and emotional strain that occurs when two people end up living not so happily ever after.
Remember, you can always dissolve a prenuptial agreement if you don’t think you need it anymore. It’s never a mistake to prepare for the worst, and having that peace of mind can benefit the strength of your relationship with your spouse.
This is a common problem. Many marriages have only one breadwinner, and that means divorce becomes a scary prospect for the other spouse. Pendente Lite support (support given to a spouse during the divorce case) is one way you can obtain financial stability in the interim period. In New Jersey, there are four types of alimony payments designed to help the financially dependent spouse adapt to single life. These payments range from months to a lifetime of payments, depending on a multitude of factors outlined in New Jersey law. A skilled attorney can help you obtain the support you need so that you are able to meet your expenses after your marriage is over. Rest assured knowing that the mindset of “it is all my money”, is nothing more than a scare tactic.
This will depend on whether or not your alimony payments are open durational or limited. Limited payments have a set expiration date from when they begin, while open durational alimony can only end once there is a significant change in circumstances, such as retirement or loss of income.
No parent should have to raise a child alone. New Jersey allows custodial parents to obtain the child support payments they need to give their child or children a healthy, productive life. Child support payments are usually calculated by a formula in New Jersey taking into account the incomes of the parties, any mandatory deductions, the amount of overnights each party has with the child/children, the number of children in the family, healthcare costs and work-related childcare. Parties that make more than the guideline cap income, may have additional obligations given their high income and lifestyle. The balance is then paid to the custodial parent. Rozin | Golinder Law can help you know what to expect with your child support payments and set yourself up for the best possible outcome for your situation.
Not without a lot of paperwork. The only way to move your child out of state is with the express consent of the other parent or permission of the court. While this can be inconvenient, a violation of this requirement could put you at risk of violating the Parental Kidnapping Prevention Act. Your lawyer can help you petition for relocation.
Our firm takes a personalized approach to each case. Whether you are in dire financial straits or your divorce involves high-value assets, Rozin | Golinder Law takes the time to understand your goals and needs before offering a solution. While we are happy to litigate your divorce in court, doing so may not always be the best solution. In some cases you will want to mediate or arbitrate your divorce and avoid the stress of court. In any case, we are committed to making sure your needs are met and that you can obtain the best possible outcome for your situation. We are ready to fight for you and what you hold dear.
Yes. If you are considering a legal solution to your family’s problem, call our firm and schedule your initial consultation with us. During this time, we can help you better understand what to expect and how to prepare. Many clients don’t know the time and effort required to successfully dissolve a relationship, so a consultation can be an excellent way to get a thorough picture and begin planning.
