What’s drives me? Protecting men’s rights in divorce, New Jersey.
Divorce is tough. I know you didn’t expect to be here, but I’m here to advocate for you. I’ve dedicated my entire legal career to helping people just like you through the painful process of divorce. Many men feel the U.S. Divorce Court system tends to favor women, which is why I focus on protecting men’s rights in divorce.
You probably have complex emotions about your divorce. Whether you initiated the divorce or not, you may feel uncertain and fearful about the process and possible outcomes. You may worry about being financially broken and emotionally ruined. I’m here to help prevent that from happening to you. It’s never as bad as it may seem.
You and I will develop an action plan based on your income, length of your marriage, and how many children you have. We will review the different potential outcomes, the tax advantages and disadvantages of each, and what you can expect during and after the divorce is over.
Your divorce may involve many variables- from finances and material assets and debts to child custody and alimony. My job is to protect you and to advocate for the strongest outcome possible in your divorce. If you are a father, divorce can be especially tough. There’s nothing more personal than your relationship with your children, which is why I’ll always advocate for your rights and protect you against any alienation attempts or interference with your parenting rights.
As a man going through a divorce, it’s essential to have the security of an experienced divorce attorney on your side. It’s crucial that you know the ins and outs of family law in New Jersey and that’s what we provide for you. I have been a practicing divorce attorney in New Jersey for over 20 years. If you have any questions or wish to schedule a consultation, please visit our contact page >.
New Jersey Men’s Rights Divorce Lawyer
Based on his work as a litigator, Brad has earned numerous successful results, including successfully arguing the lead case in New Jersey divorce law defining the laws concerning limited duration alimony and its modification. In addition to his litigation and negotiation experience, Brad also has extensive training and experience in the alternative dispute resolution (ADR) processes. After serving as a mediator for the Attorney General’s Office in Delaware, he received certification as a mediator through the Superior Court of New Jersey. He later received an invitation to serve as a commercial arbitrator from the Assignment Judge, Union County, New Jersey.
Type of Client: Client discovered his wife was having an affair and wanted to file divorce for adultery and punitive damages. He also wanted to join the paramour in the suit.
Client’s Issue: He was hurt and angry and didn’t want her to “get away with it.”
Our Approach: We advised him that much of what he sought was available in the divorce litigation, but it would not serve him to pursue it. Filing for adultery would increase the hostility and level of litigation. Joining the paramour would only increase his legal fees and punitive damages (called a Tevis Claim) is not likely to net any recovery and would, similarly, increase his costs with no real benefit. While we understood his desires, we better understood his needs and counseled him to put it aside so he could get through the divorce more quickly and move on with his life.
Result: He accepted our advice and we filed for irreconcilable differences. They went to parenting mediation and set a parenting schedule and the remainder of the divorce went smoothly.
Type of Client: Man in late forties divorcing from long-term marriage where both he and his wife were W-2 wage earners with basic retirement accounts and owned a house. The wife believed he was hiding money and sending money to his family. The client indicated that the wife knew all along about the transfers and was simply trying to increase her share of asset distribution.
Client’s Issue: He was concerned about the cost of a forensic accountant and trial. He was also concerned about having to pay all of the money back.
Our Approach: We submitted the issue to binding arbitration which eliminated the need for a forensic accountant and reduced trial time – what would normally take months was completed in 3 days.
Result: The arbiter found that the wife knew or, at least, acquiesced to the payments and could not, now, reconsider decisions made during the matter.
Type of Client: Indian client who was concerned that his wife would file for divorce in India and accuse him of horrible domestic violence to get alimony and custody of their daughter. They also had substantial jewelry and a dowry, and he was concerned that she would try to take it all.
Client’s Issue: He was afraid of battling two divorces, losing custody of his daughter, and his wife taking the family jewelry.
Our Approach: We understood the importance of his custody issues as well as the religious aspect of the jewelry and dowry. We filed an order to show cause to establish jurisdiction in the US.
Result: We got a temporary order for establishing jurisdiction and custody and an order to gather, itemize, and appraise the jewelry.
FAQ: Protecting Men’s Rights in Divorce
In New Jersey, courts have mandated that a divorce proceeding take no longer than 12 months from the filing of the divorce. If couples agree to a no-fault divorce, the process can be as short as 90 days. A survey from Lawyers.com, the average cost of attorney fees was $15,600. However, depending on the facts of your case, that number could be significantly lower or could more than double. The best way to control the cost of your divorce is to have open and equitable discussions with your spouse about how assets and expenses will be split.
You should immediately file an action with the Court to have the children brought back to New Jersey. The children are residents of New Jersey, and your Wife cannot unilaterally remove them from the State without your permission. You should act quickly, as the longer they remain in Texas, the more difficult I can be to get them back.
With regard to equitable distribution, generally, any and all marital property is subject to equitable distribution and will be shared 50/50. However, if the property is premarital, then is should not be subject to equitable distribution. Matters regarding equitable distribution are very complex and fact sensitive, so additional information would be required to provide a more precise response. You should immediately speak to an experienced family law attorney to ensure your rights are protected.
A man has the same rights as a woman in a divorce, although he may battle outdated stereotypes. For this reason, he needs to hire a discerning attorney.
A man facing divorce should hire an attorney who focuses on men’s rights to represent him and help him navigate the process.
New Jersey is an equitable division state, meaning that the marital assets are divided in a fair manner, even if it’s not necessarily equal.
Your first step when getting a divorce should be to find a New Jersey family law attorney who suits your needs and can makes you feel comfortable with the process.
Generally, an ex-wife doesn’t have a right to money her ex-spouse makes. If you are paying spousal maintenance or child support, she will be entitled to the same monthly payments.
Yes. If you would like to get a divorce, your spouse ultimately has no say. He or she will not be able to prevent the divorce from moving forward.
There are no guidelines stating the wife is entitled to the house in a divorce. In most cases, the parties will agree on a plan regarding who gets the house.
Equitable distribution is complex, and you should consult with an attorney as soon as possible. Once divorce proceedings are initiated, parties go through a discovery process. The discovery process entails exchanging information related to their respective economic, financial, and personal situations. Through the discovery process, the parties, their attorneys and the court can decide how to fairly divide up property and assets. Marital property, meaning it was obtained while you were married, is split 50/50.
Generally, your Wife would receive 50% of your pension and 401(k) from the date of the marriage until the date the complaint for divorce is filed. Any funds before that date are premarital and not subject to equitable distribution. Any funds after the date the complaint for divorce is filed are not subject to equitable distribution, except for any gains or losses attributable to your Wife’s 50% share.
Equitable distribution is fact sensitive, and though assets are predominantly split 50/50, there are exceptions. Therefore, you should speak with an experienced family law attorney to ensure your interests are protected. Please see a Youtube video from my firm’s channel which may help you with your question. https://www.youtube.com/watch?
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The National Advocates Top 100 Lawyers
In November 2014 attorney Brad Micklin received the prestigious National Advocates Top 100 Lawyers award. The National Advocates is an invitation-only professional organization composed of the Top 100 attorneys from each state who serve individuals and families needing attorneys to represent them in the American legal system. Members of The National Advocates exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.
Attorney Brad M. Micklin was selected for each of the awards above. All granting organizations are named in the actual award with one exception. American Academy of Trial Attorneys was granted by the American Institute of Legal Counsel. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
