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Does Filing First in a Divorce Matter?

A divorce is considered a civil action in the courts. There is a plaintiff and a defendant (in adultery cases there are defendants). One question people ask at times but not enough is, Does it matter who files first in a divorce? 

In a case that has issues to determine, the answer is YES. The plaintiff is the person that files for divorce first and sets the tone for the entire case. He or she can file the case and file a motion for various relief right away placing the defendant against the ropes. A smart litigator can help your case by deciding the order in which the case is heard, can start with a motion or at trial, the plaintiff starts the case and controls the order of it. A first impression with a Judge goes along way and the same hold trues in a divorce trial or other family law case (who brings the motion first). It is very hard to undo a first impression and very hard to stop the momentum the Plaintiff has going for him or her in a trial or motion.

DIVORCE STRATEGY

If you work with a skilled and learned divorce lawyer, he or she will plan out a strategy for your case to help you achieve your case goals. The case can be settled along the way or it can go to trial, either way, you must prepare as if you are going to trial so that you can negotiate from a position of strength, not weakness. If your opponent knows you are not ready, why would they negotiate and reach a fair deal with you? They will not.

WHAT IF I HAVE BEEN SERVED WITH DIVORCE PAPERS OR MOTION PAPERS?

If your spouse has filed and you are the Defendant, there is still much that can be done and it can be argued that the Defense has an upper hand because they get to go after the Plaintiff finishes their case, after cross-examination and beyond. Regardless if you have been served, if you work with the right divorce attorney, a strategy can be planned and the fight will begin. When you are served with motion papers or divorce papers you only have a certain amount of time and time is of the essence. Many people come into Jersey City Divorce Attorney Santo Artusa's office after receiving divorce papers from: The Weinberger Law Group, Freeman Hughes, Weiner Lesniak, Irwin Tubman, Greenberg Walden Grossman, Chasan Leyner Lamparello, Anthony Carbone, Miller Meyerson and Corbo, Karen Saminski, Lesnevich and Marzano, Lyons and Associates, Maurice Giro, Einhorn Harris, Micklin Law Group, Edward Weinstein, Riker Danzig, Lofaro and Headley, Moskowitz Law Group and many others. Each attorney has a different style and it is important to know who you are dealing with in a family law and divorce case in Hudson County, Essex County, Bergen County and beyond. The Artusa Law Firm is skilled in representing people in sensitive family law matters and is experienced in arguing before the Judges in Hudson County and throughout Central and Northern New Jersey.

Every divorce case is unique and needs an essential attention to details and patience. The Artusa Law Firm is here for people seeking help navigating through the family law and divorce world in New Jersey. If you seek a consultation in our Jersey City office, contact us today on 201-706-7910 today.

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For years, fathers were beaten up in family court when they went for child custody, parenting time, child support and so forth, with the right lawyer, that day has ended. Jersey City Father’s Rights Attorney Santo Artusa has represented hundreds of…

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Santo Artusa was again selected by threebestrated.com for divorce work in Jersey City, NJ. 
https://threebestrated.com/divorce-lawyers-in-jersey-city-nj

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The Shared Parenting Myth

There continues to be a growing trend toward shared parenting time arrangements throughout the United States and New Jersey is no different. The theory behind shared parenting is that the children benefit from the ongoing, consistent contact with both parents. Sounds good. However, depending on the age of the children, this is very hard to implement and very hard to manage. Even in traditional homes where two parents live together with their children, keeping the house rules clear and what the household expectations are is very hard. Imagine this in two different homes, where the parents are often at complete odds with each other. Who sets the rules? What if the rules are not followed? How confusing is it for the child? 
Aside from the rules, let's talk logistics. While everyone is entitled to their own opinion, I do not see how shuttling a child back and forth from one home to the next every other day or every other week makes sense. Children need consistency. They need guidance, they need to know what is expected of them every day and for the rules to be clear. In two homes, with potentially four "parents", what is a child to do? While I am not advocating only weekend and holiday time, I am advocating that a child should know where their home really is. Where their room really is, which should be in one house. They need to know, which parent makes the key everyday decisions, manages their schooling, their activities without constant fighting and friction.
While my view maybe "conservative", it is certainly practical and straightforward. Before you seek or agree to shared parenting time, take a step back and really think how your child will handle it. Think how your life may have been if you were forced into a shared parenting situation. In some cases it may have been great but it is my belief as a father and a family law attorney that the majority of situations benefit from a more traditional and simple parenting schedule. 
- See more at: http://www.lexisnexis.com/lextalk/practice-insights/f/13/t/2849.aspx#sthash.kIDmm0RU.dpuf

I recently wrote an article on lexisnexis concerning post holiday divorce rates. After the holiday season and with the New Year, many people decide to take the next step in a troubled relationship and either split up or if married, file for divorce. For some people, this is easier said then done, even when they know the marriage is over. People can be scared of the divorce and/or family law process. You do not need to be. Working with a family law professional can prevent or minimize the stress you may feel. Like sailing, if you have never sailed before, the slightest white cap will create anxiety. However, if you have sailed for years, you can sail in even the roughest waters. Being a lawyer is no different. If you have been there before, you can help captain the ship for your client so that they do not feel alone. 
If that time has come to seek a divorce or file a family law action, contact my team at the Artusa Law Firm on 201-706-7910. 

Does Filing First in a Divorce Matter?

A divorce is considered a civil action in the courts. There is a plaintiff and a defendant (in adultery cases there are defendants). One question people ask at times but not enough is, Does it matter who files first in a divorce? 

In a case that has issues to determine, the answer is YES. The plaintiff is the person that files for divorce first and sets the tone for the entire case. He or she can file the case and file a motion for various relief right away placing the defendant against the ropes. A smart litigator can help your case by deciding the order in which the case is heard, can start with a motion or at trial, the plaintiff starts the case and controls the order of it. A first impression with a Judge goes along way and the same hold trues in a divorce trial or other family law case (who brings the motion first). It is very hard to undo a first impression and very hard to stop the momentum the Plaintiff has going for him or her in a trial or motion.

DIVORCE STRATEGY

If you work with a skilled and learned divorce lawyer, he or she will plan out a strategy for your case to help you achieve your case goals. The case can be settled along the way or it can go to trial, either way, you must prepare as if you are going to trial so that you can negotiate from a position of strength, not weakness. If your opponent knows you are not ready, why would they negotiate and reach a fair deal with you? They will not.

WHAT IF I HAVE BEEN SERVED WITH DIVORCE PAPERS OR MOTION PAPERS?

If your spouse has filed and you are the Defendant, there is still much that can be done and it can be argued that the Defense has an upper hand because they get to go after the Plaintiff finishes their case, after cross-examination and beyond. Regardless if you have been served, if you work with the right divorce attorney, a strategy can be planned and the fight will begin. When you are served with motion papers or divorce papers you only have a certain amount of time and time is of the essence. Many people come into Jersey City Divorce Attorney Santo Artusa's office after receiving divorce papers from: The Weinberger Law Group, Freeman Hughes, Weiner Lesniak, Irwin Tubman, Greenberg Walden Grossman, Chasan Leyner Lamparello, Anthony Carbone, Miller Meyerson and Corbo, Karen Saminski, Lesnevich and Marzano, Lyons and Associates, Maurice Giro, Einhorn Harris, Micklin Law Group, Edward Weinstein, Riker Danzig, Lofaro and Headley, Moskowitz Law Group and many others. Each attorney has a different style and it is important to know who you are dealing with in a family law and divorce case in Hudson County, Essex County, Bergen County and beyond. The Artusa Law Firm is skilled in representing people in sensitive family law matters and is experienced in arguing before the Judges in Hudson County and throughout Central and Northern New Jersey.

Every divorce case is unique and needs an essential attention to details and patience. The Artusa Law Firm is here for people seeking help navigating through the family law and divorce world in New Jersey. If you seek a consultation in our Jersey City office, contact us today on 201-706-7910 today.
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