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Montanari Law Group, LLC

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Montanari Law Group, LLC

At The Montanari Law Group, LLC, we have a strong, smart approach to legal problems and a personal,

At The Montanari Law Group, LLC, we have a strong, smart approach to legal problems and a personal, dedicated approach to our clients. We believe everyone has the right to effective representation for a variety of legal issues relating to family law, criminal defense, personal injury, and employment law.

01/27/2025

When there is not a meeting of the minds between two spouses about if and how their marriage should be dissolved, sometimes a drawn-out legal battle results. Sometimes, though much more rarely, the couple might reconcile. The reasons why one spouse may oppose a divorce are highly diverse, with individual personalities, histories, life circumstances, and relationships varying between each marriage and individual. In some cases, the motivation for opposition is simple—one spouse genuinely does not want the marriage to end.

If a spouse wishes to oppose a divorce filed in New Jersey, they must file an answer with the court detailing their objections to the divorce and, if the divorce was filed on the basis of fault, the spouse’s defenses against the allegations. Even if a divorce is filed on no-fault grounds or irreconcilable differences, a spouse may still oppose the divorce itself for a variety of reasons.

Learn more about the legal procedures and considerations if a spouse opposes divorce in New Jersey and how our talented divorce lawyers can help you see the trees and the forest, so to speak, so you can be well-prepared to protect your interests and desires.

If you're wondering about the alternatives and ramifications when one party refuses to agree to a divorce in NJ, the lawyers at our firm can offer guidance.

01/21/2025

Marital property encompasses tangible and intangible assets such as a house, a business, and other things that may have been acquired during the marriage. Though frequent flyer or other airline miles earned during marriage are typically considered shared assets like any other marital property, their division can be particularly complex due to their intangible nature and the specific rules and restrictions imposed by different airline loyalty programs.

As long as the value is determined for the airline miles, there are ways to negotiate the miles and their ownership interests for other assets. If the miles are not able to be divided or transferred, it is also possible for one party to buy out the ownership interest of the party with interest. If this does not interest either party or one party disagrees, they can agree to trade miles for another asset. Determining the value of the miles is crucial in knowing how to negotiate and find solutions for handling airline mile distribution based on the unique circumstances of your case.

Learn more about resolving the division of airline miles in New Jersey divorce cases and reach out to our family law office to speak with an experienced divorce attorney who can guide you through dividing airline miles and other complex asset distribution matters during your divorce proceedings.

Airline miles are among the many valuable items to distribute in divorce. Our attorneys can assist with dividing frequent flyer miles fairly.

01/14/2025

Children are not always contrary simply to exert their autonomy in refusing parental visitation. Sometimes, they have valid reasons for refusing to visit a co-parent. An unstable environment with frequent arguments or violence is one of the biggest reasons. Another is not having a space of their own to sleep or have some alone time. If the parent doesn’t prepare enough nutritious food or meals, or if the child is left alone for extended periods, that is a valid reason. Outright abuse is another good reason to refuse visitation, either by the parent or someone else who has access to the child during visits, such as friends of the parent, stepparents, or other relatives. Evidence that the parent is intoxicated, drinks heavily, or uses a controlled, dangerous substance can justify a child’s refusal for visitation.

There are invalid reasons as well. The biggest struggles with visitation refusals usually occur with teenagers. Their recalcitrant obstinance can appear insurmountable. Maybe they want to spend more time with their friends who are closer to where they live or visit places where they frequently hang out. When a co-parent develops a sentimental relationship, the child may reject that person and not want to see to avoid spending time with them or their children (if they have any). Change is hard for everyone, and it’s tough when you have no control over what is happening. A child may angrily act out when they fear more change and how it will affect them.

Explore your legal options if your child is refusing visitation in New Jersey and speak with our experienced family law attorneys who can listen to your particular situation and assemble the evidence necessary to go to court and fight for your right to see your child.

The seasoned custody attorneys at Montanari Law Group will provide you with alternatives to manage child visitation refusal in New Jersey. Contact us.

01/06/2025

Many companies offer deferred compensation benefits to employees that are payable after a certain amount of time. Deferred compensation benefits include retirement plans, 401(k)s, pensions, stock options, profit sharing plans, workers compensation benefits, and more. With the prevalence of these compensation plans, they often become a factor in the midst of a divorce case.

As it is plain to see, deferred compensation is not a straightforward issue when it comes to New Jersey divorce. Because there are so many financial assets at stake for both parties, it is crucial to have a knowledgeable divorce lawyer handling your asset division, including those assets that have yet to vest.

Learn more about deferred compensation as marital property in New Jersey divorces and the potential resolutions of these assets during marital dissolution. At The Montanari Law Group, our team does the leg work to determine the value of qualified and non-qualified deferred compensation benefits and what portion of them, if any, is subject to equitable distribution.

A talented divorce lawyer at Montanari Law Group will help handle deferred compensation issues in your NJ divorce case. Contact (973) 233-4396.

12/31/2024

When people divorce, they are often surprised at how difficult it is to separate a joint household into separate ones. Aside from child custody and support matters, dividing assets and debts can be overwhelming. Credit card companies do not care about personal circumstances that may impact an individual’s or couple’s ability to fulfill their responsibilities. They will expect payment from any and all parties obligated to pay credit card bills and will often hire collection agencies to get what they are due.

That’s why it is essential to divide credit card debt carefully. Optimally, the spouses pay off all joint credit cards in the divorce. That allows each party to go their separate ways without lingering debt that one party must pay while the other party worries about whether the card is paid on time or that the payor does not run up new charges as an act of revenge or survival. Further charges can affect both spouses’ credit.

Explore the options for resolving credit card debt in divorce cases in New Jersey. Our experienced divorce attorneys understand the importance of starting a new life with a clear financial slate and will help you draft an agreement that accomplishes that as completely as possible.

If you are navigating divorce and wondering how joint credit card debt will be handled in NJ, contact our experienced lawyers to discuss the possible options.

12/23/2024

Families come in different forms and sizes than the traditional father, mother, and child unit. Yet, as society becomes more inclusive to diverse family relationships, legal recognition of certain parent-child relationships that do not conform with tradition has lagged behind.

The New Jersey Parentage Act sets forth several ways that an individual can establish parental rights. However, it does not expressly allow for multi-parent families or provide legal recognition for parents other than biological or adoptive parents. New Jersey jurisprudence or case law does, however, acknowledge some important principles and concepts that may lead to certain rights, options, and arrangements in cases involving multiple parents.

Learn why legal counsel becomes critical when dealing with matters related to multi-parenting in New Jersey and how our team of family law attorneys can review the facts of your case and help you determine what rights you may have as a multiple parent in your circumstances.

Address the Intricacies of multi-parent family related issues with the lawyers at Montanari Law Group in NJ. Contact us at 973-233-4396 for a free consultation.

12/16/2024

According to New Jersey law, Obstruction of Justice refers to intimidation, force, fight, physical interference, violence, or obstacle to prevent police officers from carrying out their duties. There are three elements needed to establish obstruction of justice in a court of law. It must be proven beyond a reasonable doubt that the defendant intentionally intimidated, forced, physically interfered, or broke the law, which resulted in obstruction, prevention, or impairment of a police officer doing their job, successfully impeding the legal process. It is important to note that for a charge of obstruction to be upheld, there must be affirmative action on the suspect’s part.

While the charge of obstructing the administration of law or governmental function encompasses a wide array of actions by the accused, the prosecution must successfully establish all of the essential components of the charge in order to obtain a conviction. This is where a strong and strategic criminal defense is pivotal.

Explore the possible legal consequences of obstructing justice in New Jersey and talk to our experienced criminal defense attorneys about your unique situation. We are prepared to take on the prosecution and work at reducing, dismissing, or resolving charges while ensuring your legal rights are protected throughout the process.

The criminal attorneys at Montanari Law Group handle obstruction charges in Passaic County NJ. For a free consultation call 973-233-4396.

12/09/2024

In some situations, matrimonial and family law matters benefit from additional information that private investigators can be called upon to find. You or your ex may be considering hiring a private investigator for your divorce or custody case, so knowing what these professionals do and how they can offer value is important to make the best decision for your unique circumstances.

One of the most common reasons that individuals hire private investigators during divorce proceedings is to gather evidence of infidelity or marital misconduct. If the investigator uncovers proof of a spouse’s extramarital affairs or other inappropriate behavior, it can affect other divorce-related issues and provide evidence to substantiate a divorce filing based on the grounds of adultery. Another situation often prompting the use of a private investigator involves a custody dispute in which one parent is unfit, perhaps due to substance abuse or other activities that place a child at risk.

Learn more about the top reasons that individuals choose to hire private investigators in New Jersey family law cases and seek trusted legal counsel for your divorce, child custody, or other family law issues from our experienced attorneys.

Hiring a private investigator to collect supporting evidence for your divorce or family matter may be beneficial for a number of reasons. Here's how it works.

12/03/2024

When a spouse leaves town, lives somewhere else, and either states that they have left permanently or does not return for a sufficient period of time to be considered marital abandonment, the other spouse may file for divorce. The other spouse’s desertion may be cited as the reason for the marital breakdown and marked as such in the initial complaint for divorce, in which case the fault belongs to the deserting party. That is, if the spouse who initiates the divorce action can establish desertion or abandonment by the other party.

When a family court judge believes that there is sufficient evidence of desertion, they can order child support, alimony, and other remedies that the deserted spouse may legally request. Nevertheless, there are cases in which desertion allegations are unfounded, such as those involving one spouse forcing or causing the other to leave the marital home. Other factors that make marital life unbearable may also undermine an abandonment claim, such as instances of repeated physical or emotional abuse. Due to the complexities and legal challenges involved in desertion-based divorce cases, having experienced legal counsel is an absolute must, regardless of which side of the divorce you find yourself on.

Learn more about proving abandonment for divorce in New Jersey and rely on our skilled team of family lawyers to assist you with establishing or disproving claims of desertion, as well as advocating for you every step of the way to ensure that your unique needs and priorities are addressed during the process.

Marital abandonment has numerous implications in a divorce in NJ, whether you are the abandoned spouse or accused of abandoning your marriage. Here's what to know.

11/25/2024

There are multiple options for spouses who share a limited liability company in the event of a divorce. The couple may decide to sell the company and equitably split the profits, or for one to buy out the other’s stake in the company. The couple may also determine a way to divide the company into separate organizations, with each spouse heading one section of the business. Or, if the couple is amicably separating, they may decide to continue running the business together.

When an LLC is part of a divorce settlement, the benefit and necessity for qualified legal counsel cannot be overstated. The purpose of New Jersey’s equitable distribution law is to ensure that you receive a fair percentage of marital assets in the divorce, but until you have a clear and expertly-determined valuation of your marital assets, as well as the specifics of your equitable claim to them, you cannot hope to receive your fair share in a divorce.

Explore your LLC-related options in the event of a divorce in New Jersey and rely on our experienced family lawyers to help you decide the best steps forward regarding your stakes in the company, either selling it off completely, negotiating a buyout, or continuing to maintain co-ownership of the business.

Having an experienced lawyer is key for strategizing and negotiating the fair division, co-ownership, or preservation of your LLC in a divorce.

11/18/2024

Couples pursuing FIRE (Financial Independence, Retirement Early) are highly motivated to be as economically and professionally successful as possible in order to facilitate an early retirement and a life of leisure prior to reaching the average age at which people exit the workforce. The FIRE lifestyle is about working relentlessly, spending mindfully, and investing into a profit-making enterprise that can provide for years to come.

When FIRE couples choose to divorce, there are many financial matters that must be addressed in the process. As a general rule, these cases proceed much more smoothly when both parties are forthcoming and transparent about their finances. Ensuring comprehensive and accurate financial records, investment valuations, assets, debts, and cost-of-living information is conducive to a less complicated process for everyone involved. Likewise, having a knowledgeable divorce attorney who understands and regularly handles high-income divorce cases can help to prevent an otherwise overwhelming and potentially messy process for both spouses.

Learn more about the complexities of divorces for FIRE couples in New Jersey and let our experienced divorce lawyers provide clear answers and proper guidance as you navigate the legal aspects of securing your best future.

The attorneys at the Montanari Law Group will help you navigate the complexities of "FIRE," financial independence retire early divorce in New Jersey. Call our office today.

11/11/2024

The typical requirement for residents to file for divorce in New Jersey is bona fide residency for at least one year by one spouse, at minimum. This applies to many grounds for divorce, including irreconcilable differences; however, certain grounds such as adultery may remove the mandatory time restrictions before a person can file.

The term "bona fide resident" refers to an individual who meets the criteria of being a genuine, legitimate resident of a particular place. It is commonly used in legal and tax contexts to determine an individual's residency status for various purposes. Being a bona fide resident typically implies that an individual has established a permanent or long-term residence in a specific location and genuinely intends to remain there. It goes beyond temporary or transient presence and requires a level of permanence and commitment to a particular jurisdiction. The important considerations for determining such residency are fundamental to know if you are wondering whether you or your spouse meet the residency requirements for divorce in New Jersey. It is equally crucial to explore your alternatives and key steps that you can take to prepare for your divorce while satisfying the necessary time.

Explore the complexities of residency requirements in New Jersey divorces and seek counsel from our seasoned divorce attorneys who can organize and prepare everything that you need for the process, taking advantage of the preparation time before you file.

Establishing residency for at least one year is a major requirement to file for divorce in NJ. Our seasoned attorneys can advise in your case.

Address

One Lower Notch Road
Little Falls, NJ
07424

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Telephone

+19732334396

Website

http://www.ddsmlaw.com/

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At Del Sardo & Montanari, LLC, we have a strong, smart approach to legal problems, and a personal, dedicated approach to our clients. We believe everyone has the right to effective representation for a variety of legal issues relating to family law, criminal defense, personal injury, and employment law.