Divorce and Dissolution
Considering Divorce – We Understand
When most people marry, divorce is the furthest thing from their minds. However, divorce may now be in the forefront of your thoughts. Not knowing the answers to these questions: What will happen to our assets…our home…retirement accounts? Who will have custody of the children? What is legal custody, what is physical custody and how is parenting time arranged? What about alimony and child support, how are they determined? Where will you live? What if domestic violence plays a part in your decision to separate? All of these issues may play a part in a divorce, and you want a fair resolution for you and your children. You need an experienced, knowledgeable and compassionate divorce lawyer. Couples considering divorce in New Jersey turn to Bielan, Miklos & Makrogiannis because we understand. Although we have offices in Hoboken and Bayonne, New Jersey, we serve clients across the state, not just in Hudson County.
Divorce, Also Referred to as Dissolution – A Necessary Step
Once the difficult decision to divorce is made, legal representation is necessary. A lawyer with years of experience in this specialized area of the law will guide you through the often daunting process of dissolving a marriage. At Bielan, Miklos & Makrogiannis, we first want to establish a working relationship with you, answer your questions and address your concerns, and most importantly help you feel comfortable. The process of dissolution is often emotional and exhausting. We are confident that we can ease the process for you, assuage your fears, and work with you toward getting the best resolution for you and your family. We will help you examine when compromise can turn a potentially long and ugly divorce into a shorter, more civil one, however, we never recommend that you compromise where you should not. A good divorce attorney- like Bielan, Miklos & Makrogiannis – always has your back.
Bielan, Miklos & Makrogiannis – The Best Choice
There are so many divorce lawyers, so why choose Bielan, Miklos & Makrogiannis? It is because you are always our first priority. We respond promptly to your communications; we keep you informed of change and progress in your case, and always work on your case with diligence, dedication, honesty and integrity. We charge reasonable fees for our services and are reputable across Hudson County, New Jersey and New York. We have extensive knowledge and experience in the area of divorce law and issues that arise in divorce. Our firm works together on your behalf to secure the best legal outcome for you and your family. We set high expectations for ourselves, and expect no less as your lawyer.
The First Step is Yours
You have made the decision to dissolve your marriage. We will work to lighten the burden of this traumatic time in your life and find the very best outcome for you.
When in need of an experienced divorce lawyer, Hoboken, NJ and Bayonne-based law firm Bielan, Miklos & Makrogiannis, can always be reached at (201) 436-1198. We proudly serve all counties including Hudson, Essex, Bergen, Middlesex, Monmouth, Union, Morris, Ocean, and Passaic counties.
Child Custody
What Will Happen to My Children?
You want the best for your children. When parties cannot live together, responsible parents want their children to suffer the least amount of trauma. In New Jersey, the moment your child is born you have “Joint Legal Custody” of your child. However, this can change by agreement or court order. There are many ways to have custody of your children in New Jersey. For example, you could have joint legal custody with primary physical custody to one parent and the other parent would have “parenting time” also known as visitation. You could have joint legal and physical custody, when both parents have a shared parenting arrangement. Note that this does not have to be 50/50. You could have sole custody, with parenting time or no parenting time to the other parent.
At Bielan, Miklos, & Makrogiannis, we are committed to resolving child custody issues so that both parents continue to have a meaningful and loving relationship with their children after the parents separate. Sometimes, however, after all means of reasonableness are exhausted, our client has no choice but to engage in a custody battle. When this has happened in the past, each of our clients were confident that the lawyers at Bielan, Miklos, & Makrogiannis had done everything they could to a obtain fair, reasonable and practical outcome for both the client and his/her children.
How is Child Custody Determined?
If you and the other parent of your children can agree to cooperate and communicate with one another, then a custody trial will not be necessary. In those situations, the attorneys at Bielan, Miklos & Makrogiannis, will facilitate a parenting schedule that works for both you and your children. However, when this is not possible, the attorneys at Bielan, Miklos, & Makrogiannis, are prepared to fight for you and your children in court.
The New Jersey Courts consider many factors in when determining custody. Some of those factors are the needs of the children, the fitness of each parent, the parents’ ability to agree, cooperate and communicate with each other, the stability of the home environment offered by each parent, the safety of the children and of either parent from physical abuse from the other parent, the preference of the child when of sufficient age and capacity to reason, so as to form an intelligent decision, and the geographic proximity of both parents’ homes.
The attorneys at Bielan, Miklos, & Makrogiannis are known to carefully listen to all of your concerns, keep you informed as to the status of your case, and always proceed with your best interests in mind. We understand that your children are of the utmost importance to you, and we will work hard to achieve your desired result.
Domestic Violence
Are You a Victim of Abuse?
Anyone can be a victim! Domestic Violence laws do not discriminate. They protect both men and women who are abused. Victims of abuse can come from any age, race, class, culture, religion, or educational background. Children in homes where there is domestic violence are more likely to be abused and/or neglected. Even if children are not physically harmed, they are most likely to suffer long-term emotional and behavior problems.
Are you a victim of domestic violence? Are you in need of help? At Bielan, Miklos & Makrogiannis we are here to help you address these issues.
While many of the domestic violence complaints are bona fide complaints, there are instances when individuals are falsely accused of domestic violence which could result in a Final Restraining Order if you are not adequately represented.
What Defines Domestic Violence?
A victim of domestic violence is protected by the New Jersey Domestic Violence Act when a person, either man or woman is: (1) 18 years of age or older; (2) an emancipated minor who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member; or (3) regardless of age, subjected to domestic violence by a person with whom the victim has had a child in common or with whom the victim has had a dating relationship. N.J.S.A. 2C:25-17 et seq.
The Act applies to certain criminal acts when they are perpetrated upon someone who is protected by the Act. These crimes include, but are not limited to, assault, terroristic threats, criminal mischief, harassment, and stalking.
Have You Been Falsely Accused of Domestic Violence?
Individuals who have been falsely accused of domestic violence face serious legal consequences. A domestic violence complaint can lead to the accused being evicted from his or her home and issues such as support, child custody, and use of marital assets may be addressed as emergent relief in these proceedings.
In 2011, 7,111 Final Restraining Orders were entered for the State of New Jersey. Once a Final Restraining Order is entered, the violation of that Order carries the imposition of criminal penalties and the potential of incarceration.
If you have been falsely accused of domestic violence in the State of New Jersey, an attorney at Bielan, Miklos & Makrogiannis can protect your rights and build a defense designed to beat the false accusations.
What Can We Do For You?
If you or someone you know is in an abusive relationship or has been falsely accused of domestic violence, it is important to know that help is available. The law firm of Bielan, Miklos & Makrogiannis recognizes the seriousness of these matters and has the experience to protect victims from abuse and to assure they receive the remedies available under the Act, including but not limited to, temporary and emergent support; exclusive possession of the residence; temporary custody of the children; and counsel fees. We have been successful in defending an individual wrongfully accused of domestic violence.
The attorneys at Bielan, Miklos & Makrogiannis advocate for your protection against abuse and also defend against the misuse of the Act. Areas of concentration include:
- Protecting Victims of Domestic Violence
- Obtaining Temporary and Final Restraining Orders
- Defending Against False Accusations of Domestic Violence
Prenuptial, Postnuptial & Reconciliation
Do You Need A Prenuptial Agreement?
You are going to marry! You have met your soul mate; your life is falling into place perfectly. Just the same, you have a few legitimate concerns and you are wondering if a Prenuptial Agreement between you and your future spouse is a good idea to protect both of your interests. Prenuptial Agreements may be very comprehensive or more narrowly drawn. At Bielan, Miklos & Makrogiannis we will educate you as to your rights and assist you in determining what is right for your situation. We will encourage your soon-to-be spouse to obtain his or her own counsel to ensure a fair and equitable agreement that will protect you in the event of divorce.
Do You Need a Postnuptial or Mid-Marriage Agreement?
You have married, but you never got around to addressing a Prenuptial Agreement with your spouse prior to your marriage, or things have changed financially since you married. Are you aware that parties enter into what are commonly referred to as Postnuptial Agreements or Mid-Marriage Agreements? It is not too late after marriage to draw up contractual rights and obligations between you and your spouse in the event that your marriage dissolves. Bielan, Miklos & Makrogiannis can answer whatever questions you may have and we have experience to negotiate and draft such agreements.
Do You Need a Reconciliation Agreement?
You are married, but you and your spouse are contemplating dissolving your marriage or one of you has commenced dissolving the marriage. However, you both decide to try and rescue the marriage. Iff you are going to make a good faith effort to rescue it, you want to be protected and your spouse wants certain protection as well – a Reconciliation Agreement may be the solution. This type of Agreement should not be confused with a Postnuptial or Mid-Marriage Agreement, they are different. Although they may both address the same issues they may be scrutinized differently and you should be aware of the difference if you want your Agreement to survive a challenge. At Bielan, Miklos & Makrogiannis we know the difference and have the experience to negotiate and draft such agreements.
What Do Prenuptial, Postnuptial/Mid-Marriage & Reconciliation Agreements Cover?
Some examples of when the above agreements might be considered are situations where one might want to make provisions for children from a previous marriage, to protect property, real or personal, owned prior to the marriage, distribution of property acquired after the marriage, or support of your soon to be or present spouse. Do not let your friends, relatives or work colleagues educate you about the law. Although they may have the best intentions, only trust a professional to answer these important questions about your life and future. Bielan, Miklos & Makrogiannis has extensive experience reviewing, negotiating and drafting contractual agreements between future and present spouses.
How Will Bielan, Miklos & Makrogiannis Help Me?
Our lawyers understand your concerns and the importance of things being spelled out clearly before you enter the legal contract of marriage, after you have entered the legal contract of marriage, or if you are trying to reconcile your marriage. Entering into such a contract neither needs to be an upsetting experience for you, nor an affront for your present or future spouse. In fact, such contracts may avoid potential conflict and/or provide security and peace of mind.
Why not be sure as to whether you need the protection of any of these agreements? Let an attorney at Bielan, Law & Makrogiannis help you sort out your concerns so you can enjoy your marriage. Contact us for a consultation at (201) 217-1529.