Capabilities / Family Law

Divorce

We help our clients navigate through the legal system during a difficult, emotional time. While our goal is to resolve cases, we are strong advocates for our clients in the courtroom.

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The members of our practice walk our clients through difficult times, helping them navigate the legal system and adjust to a new normal for their families. When parties are seeking to get divorced, they must either reach an agreement on all of the financial issues that have arisen as a result of their marriage or they proceed through the courts where the decision is made for them. A jointly reached agreement will need to include provisions on custody (if the parties have children), alimony and support, and distribution of the assets and liabilities acquired during the marriage.

One of the biggest concerns about alimony for the receiving spouses is whether they will have enough money to live, with paying spouses having the opposite concern. In equitable distribution, clients often are concerned about whether they can keep the house, refinance the mortgage, and pay the bills.

Our Value

Since our firm has many attorneys who practice both inside and outside of the matrimonial and domestic relations practice area, we have seamless access to a number of top experts in other practice areas at Obermayer. For example:

  • When a spouse works in a family business, we can easily consult co-counsel on the various aspects of the business;
  • If a spouse’s business is in bankruptcy, we can seek the advice of our bankruptcy practice group;
  • An Obermayer estate attorney can prepare a will, and a real estate attorney can review an agreement of sale involving property; and
  • Our employment attorneys can review a severance agreement or employment contract.

We also have a large family law department comprised of attorneys with varying degrees of experience who practice in multiple counties across three different states.

Finally, we give our clients reasonable expectations. We are honest about what might be ahead and we inform clients about the law, even if it is ot exactly what our clients want to hear.

Our Clients

Neither spouse has a greater entitlement than to maintain the marital standard. Clients who are stay-at-home parents, for example, rely on us to fight for a fair award of alimony. We also ensure clients who have to pay alimony can continue to live in the style to which they are accustomed. In addition, we help clients determine whether they would rather receive less alimony and more assets or vice versa, depending on each client’s circumstances and goals.

With equitable distribution, we assist clients with a division of their assets and liabilities. We advise clients which assets are best to retain and, for example, whether or not they should sell their marital home.

Our Focus

Clients appreciate our accessibility and responsiveness to their requests and concerns. We understand that divorce is a difficult time, often requiring extra and immediate attention when contentious issues arise.

Our focus is to make sure each client comes out of the divorce process as strong as possible and able to move forward with their lives, no worse than when they started. Each client is unique, and their resolution needs to be tailored to their individual situation.

Awards Won*

*Click here for a description of the standard or methodology on which the awards and honors are based. No aspect of this advertisement is approved by the Supreme Court of New Jersey.

  • We represented a client who decided to divorce after a long marriage and a lengthy separation from her husband. She initially had no interest in pursuing alimony or even her fair share of the assets acquired during the marriage. Moreover, her husband was reluctant to provide information regarding the assets acquired in his name during the marriage. As a result of numerous subpoenas, we showed our client that she would be entitled to significant assets. Eventually, we settled her case without going to trial. She received hundreds of thousands of dollars more than she would have accepted at the beginning of her case, and more than her husband tried to get her to accept just weeks before the final resolution.
  • We finalized a divorce settlement that included a buyout of an alimony obligation and distribution of significant assets. The parties maintained joint legal and physical custody of their children, so it was important that they were able to remain focused on their children despite the divorce proceedings. Since the case involved parties with high net worth, their agreement reflected an extensively negotiated arrangement regarding child support and maintenance of the children’s ongoing needs.
  • We represented a client who was the primary breadwinner, had received a large bonus, and who had a significant severance pay. We convinced the Court that both of these payments were not marital assets to be divided, but the client’s asset alone. This gave our client a very large non-marital estate that they could keep as their sole property. The other side received a small percentage of the assets more than our client, but they did not equal the non-marital amount we obtained.
  • We represented a business owner where his 50% interest in the business was the largest asset of the marriage. We reached a compromised value of the business that was more than fair and equitable for our client by working with a business valuation expert and negotiating with opposing counsel and her client. We then resolved the asset distribution so that our client received not only the business, but the marital home as well as other assets, so that he could continue to live in a style similar to prior to the divorce.