Family Law - Teschon, Riccobene & Siss, P.A.

Family ties are thought to be the most private and enduring relationships in society. As most can attest, however, these relationships are rarely free from conflict. When domestic issues cannot be solved within the home, family law seeks to restore order and provide a fair resolution for all parties involved.

For many, family law is thought to be synonymous with divorce proceedings. In reality, divorce is just a small part of family law which covers a broad array of domestic issues including adoption, premarital agreements, paternity and child support issues.

When legal action is necessary to resolve familial matters, it is essential that you entrust your most private matters to a compassionate and knowledgeable family law attorney. Our dedicated attorneys and staff serve as good listeners, confidants and advocates for all of our clients during their most difficult times.

Alimony / Spousal Support

New Jersey does not have a standard alimony calculator. Instead, alimony payments are determined through either negotiation between the parties or a court order. When a judge is involved in deciding the alimony, several factors are considered to determine a fair and reasonable amount.

Some factors include:

Length of the Marriage
Health Conditions
Age of Each Party
Needs and Financial Capability
Standard of Living
Earning Capabilities
Parental Responsibilities
Responsibilities related to childcare
Workforce Absence
Contributions to the Marriage
Reentry into the Workforce
Marital Property Decisions
Tax Implications
Equitable Distribution of Property and investments

When a judge makes the alimony decision, they have the discretion to consider all relevant factors and apply the facts of the case to the law, ensuring a fair and equitable determination.

If you require assistance, please contact our experienced team to schedule a consultation. Call us at 201.670.4400 or fill out the contact form.

Appeals

If you received an unfavorable decision in your divorce, custody, child support, or other family law case, or if you disagree with the judge’s decision or are negatively impacted by it, you may have grounds to file an appeal. This could potentially reverse the court ruling or have it modified.

Options to appeal a court order include:

Asking the court to reconsider the order based on new facts.
Requesting a new trial.
Filing to set aside the order.
Filing a notice of appeal to the Court of Special Appeals.

However, not all court judgments can be appealed. Appeals can only be filed on limited grounds, such as:

Procedural errors.
A judge’s abuse of discretion.
Failure to make adequate findings of fact.
Misapplication of the law.
Extreme Change of Circumstances

Family law appeals can be complex, time-consuming, and costly. It is crucial to be represented by experienced attorneys who are knowledgeable about the appellate process.

If you require assistance, please contact our experienced team to schedule a consultation. Call us at 201.670.4400 or fill out the contact form.

Child Support

The State Child Support Guidelines consider factors such as the number of children, the gross monthly income of each parent, the amount of time the child spends with each parent, and the costs of daycare and health insurance. For most families, these guidelines offer a sufficient framework for determining support. While these guidelines provide a starting point, they may not fully address the financial realities and needs of high net worth families. Here’s how our attorneys can assist:

In high-net-worth situations, the courts recognize that the standard guidelines might not adequately reflect the child’s accustomed standard of living. Therefore, the courts may deviate from the guideline amounts to ensure that the child continues to enjoy a lifestyle similar to what they would have if the family remained intact.

We ensure that all financial factors are meticulously analyzed and presented to the court. We advocate for a support amount that not only meets but exceeds the basic needs of the child, maintaining their standard of living and providing for their future.

By leveraging our deep understanding of case law and our experience with high-net-worth clients, we provide tailored legal solutions that uphold the best interests of the child while ensuring a fair and equitable support arrangement.

If you require assistance, please contact our experienced team to schedule a consultation. Call us at 201.670.4400 or fill out the contact form.

Custody and Parenting Time

We understand that the well-being of children is paramount. The dissolution of any marriage or partnership raises a plethora of issues. When children are involved, the resulting complexities around custody and child support issues come to the forefront. To ensure a fair arrangement that prioritizes the children’s best interests, it is essential to contact a knowledgeable family lawyer.

Our law firm routinely handles child custody cases and can help determine the best custody arrangement for you and your children. We will review the custody evaluator’s recommendations, identify the children’s preferences, and explain how local and state laws impact your specific case and family situation. Considering these factors, our family lawyers will work with you to devise a comprehensive custody plan.

Child custody is dual faceted in that it encompasses both the physical and legal custody of the child. Physical custody is where the child resides while legal custody entails the decision-making process for the parents including the right to decide education preferences, religious practices, medical treatments and activity involvement. Both of these aspects must be considered during child custody proceedings.

Our attorneys work with you to develop a detailed custody plan and parenting time schedule that reflects the best interests of the children while considering the unique dynamics of your family.

If you require assistance, please contact our experienced team to schedule a consultation. Call us at 201.670.4400 or fill out the contact form.

Divorce

Divorce proceedings usually involve intense emotions and significant expense. Our dedicated matrimonial attorneys can work with you throughout the divorce process to minimize the emotional strain and cost normally associated with these proceedings. We handle complex contested and uncontested divorces.

During the divorce proceedings, we will assess all of the assets and debt and strive to attain the largest possible distribution of marital assets for our clients. When appropriate, we will work closely with you to guarantee proper financial support through alimony. If children are involved, we will work with you to help you obtain custody of your children, child support payments or help in the development of a parenting plan, if preferred.

If you and your spouse choose to keep your divorce proceedings private and away from the courts, our law firm will work with you through voluntary mediation known as Alternative Dispute Resolution (ADR). During this process, both you and your spouse will meet with a neutral mediator to help resolve issues by bringing both parties to an agreement. With ADR, there is complete disclosure and no litigation. Many individuals prefer this method as it tends to be faster, less costly and produces a more amicable outcome.

If you require assistance, please contact our experienced team to schedule a consultation. Call us at 201.670.4400 or fill out the contact form.

Domestic Violence

Domestic violence is unfortunately prevalent in many relationships and may include harassment, assault, sexual abuse or neglect. If you or someone you love has been physically or emotionally abused by their spouse or another relative, you should contact the police and an experienced lawyer who can inform you of your rights. Our dedicated attorneys will work to obtain an Order of Protection from the court to ensure your physical safety.

Family law raises emotional and legal challenges for all parties involved. In such cases, it is essential that you surround yourself with trusted advisors and friends. Our law firm provides you with the legal and emotional support needed to get you back on your feet.

In the case of marital abuse, if you wish to pursue a legal separation or divorce in light of the events, our legal team can advise you on the best steps to keep you safe and dissolve the marriage as fast as possible while keeping your best interests in mind.

If you are experiencing domestic violence or threats, our attorneys can help you and your children obtain protection orders to ensure your safety. We provide compassionate and swift legal support to secure restraining orders and safeguard your well-being. Our priority is to protect you and your family by coordinating with your local police department and taking proactive measures to ensure you are in a safe and secure environment.

Senior Partner Russel B. Teschon, who has tried many domestic violence cases while serving as a municipal judge for over 30 years, brings his expertise to our team. His extensive experience in this area ensures that our firm will stay ahead of the situation and provide the necessary legal and protective measures promptly. Your safety and well-being are our top priorities.

Our entire staff understands the sensitive nature of domestic violence and will strive to provide you with peace of mind throughout the proceedings. Should you require additional support beyond the legal realm, we can refer you to other professionals and resources to address all of your needs and begin the healing process.

Equitable Distribution

In New Jersey, equitable distribution involves the fair division of marital assets and debts during a divorce. Our firm provides expert guidance through this complex process, ensuring a thorough evaluation of all assets, including real estate, businesses, investments, and retirement accounts. We work diligently to achieve a fair and just distribution, tailored to the unique circumstances of each client. With our extensive experience and in-depth knowledge of New Jersey’s equitable distribution laws, our attorneys will meticulously analyze all financial aspects, including property, investments, and business interests, to ensure a comprehensive and just division that aligns with New Jersey laws and our clients’ best interests.

If you require assistance, please contact our experienced team to schedule a consultation. Call us at 201.670.4400 or fill out the contact form.

Marital Settlement Agreement

In New Jersey, a Marital Settlement Agreement (MSA), also known as a Property Settlement Agreement or a Marital Separation Agreement, is a critical legal document that outlines the terms of a divorce and serves as a blueprint for the relationship between former spouse’s post-divorce. This.is a complex and pivotal process in divorce proceedings. Our attorneys provide personalized and diligent assistance, ensuring that all aspects of the MSA are carefully considered and addressed. By prioritizing our clients’ needs and advocating for their best interests, we strive to achieve fair and sustainable outcomes that support a positive post-divorce relationship.

If you require assistance, please contact our experienced team to schedule a consultation. We are here to guide you through this challenging time with expertise and compassion. Please contact our firm at 201.670.4400 or fill out the contact form.

Post Judgement Mters Modifications / Enforcement

Life circumstances can change, necessitating modifications to the MSA and other court Orders/ . Our attorneys are available to assist with enforcing the terms of the agreement and making necessary modifications. Our firm handles a comprehensive range of post-judgment applications, including modifications related to alimony, child support, changes in primary residence, and adjustments to parenting time schedules. We are dedicated to ensuring that post-divorce arrangements continue to meet the needs of our clients and their families.

Mediation and Arbitration

We understand that Life happens. Things come up and situations occur. We know conflict of any kind is hard enough to navigate, which is why we offer a way to resolve your disputes efficiently and amicably through mediation and arbitration. Our experienced attorneys facilitate these alternative dispute resolution methods to help you achieve fair and mutually beneficial agreements without the stress and expense of litigation. Mediation encourages collaboration, while arbitration provides a binding decision, both tailored to your unique situation.

Name Change

Whether you need a name change due to divorce, marriage, or personal reasons, our skilled attorneys can guide you through the legal process. We ensure all paperwork is correctly filed and all NJ state and federal requirements are met, making the transition as smooth as possible.

Paternity

Paternity lawsuits may be necessary to determine parental rights, custody or support matters when the identity of the biological father is in question. In these instances, the court will order a genetic test. The results of this test are then used to establish a legal relationship between the parent and child and determine the extent to which the father has an obligation to support the child. Even if the biological father does not wish to play an active role in the child’s upbringing, he still has the obligation to provide financial support to the minor.

These suits may be brought by the mother, the presumed father (in many instances the husband of the mother), the man alleged to be the father, a government agency or the child (if he or she is underage, a representative must act on his or her behalf). Our family law firm is available to offer you legal guidance, assist in filing a paternity suit with the appropriate court or defend you against paternity action.

Parental Alienation

Co-parenting is ideal for all children of divorce. However, in some extreme situations, one parent may set out to systematically sabotage the other parent’s relationship with the children. This phenomenon is known as “parental alienation.”

Parental alienation is characterized by a parent making disparaging remarks to a child about the other parent, encouraging the child to avoid spending time with them, and manipulating the child into believing that the other parent is a bad person, undeserving of their love and respect. This process results in a child’s irrational rejection of the targeted parent and an unusually close allegiance with the alienating parent. Our dedicated attorneys work to identify and address cases of parental alienation, advocating for the affected parent’s rights and fostering healthy parent-child relationships.

If you require assistance, please contact our experienced team to schedule a consultation. We are here to guide you through every step with expertise and compassion. Please contact our firm at 201.670.4400 or fill out the contact form.

Prenuptial Agreement

A prenuptial agreement will allow parties to disclose their assets prior to their wedding and take steps to effectively safeguard them should divorce be necessary in the future. If the marriage ultimately ends in a separation or divorce, your premarital assets would normally be protected from equitable distribution so long as they were not mingled together. Even still, disputes can often break out over property division. Having a premarital agreement that designates who gets what ahead of time will alleviate some of the stress during this process. This agreement promotes financial transparency, protects individual and business assets, and ensures inheritance rights, ultimately providing clarity and peace of mind for both parties.

Postnuptial Agreement

A postnuptial agreement provides numerous benefits, including asset protection, debt allocation, financial transparency, and outlining spousal support. It safeguards business interests, ensures inheritance rights, reduces financial stress, and promotes marital harmony. By clearly defining terms and offering flexibility to address changing circumstances, a postnuptial agreement minimizes potential conflicts and litigation, leading to a more amicable resolution in case of divorce. Customized to meet the specific needs of the couple, this agreement provides clarity and peace of mind for both parties.

Protection Orders

Senior Partner Russel B. Teschon, who heard many domestic violence cases while serving as a municipal judge, brings his expertise to our team. His extensive experience in this area ensures that our firm will stay ahead of the situation and provide the necessary legal and protective measures promptly. Your safety and well-being are our top priorities.

Relocation

Relocating is complex, and relocating with children can become very contentious. When one parent wants to move to another state, it typically requires the other parent’s consent. Our attorneys help you navigate the legal requirements for relocation, including obtaining necessary court approvals and addressing custody and visitation modifications. We prioritize your child’s best interests, ensuring that your family’s needs are met while maintaining their well-being as our top priority.

Visitation Schedules in New Jersey

Ensuring meaningful parent-child relationships is vital. It is essential to consider each parent’s availability and schedule to develop a plan that best meets the child’s needs while maximizing time with each parent.

Our attorneys can assist in creating a comprehensive visitation schedule that prioritizes the best interests of the children and maintains family bonds. We ensure the agreement includes a clear and structured plan, taking into account special occasions, holidays, vacations, school and summer camp logistics, as well as residential locations and driving time.