Monmouth County & Middlesex County Family Law and Estate Planning Lawyers

Family Law

Family Law is the broad area of the law that deals with all issues related to domestic relations. Therefore, all matters that are handled within Family Law are part of this larger area of the law from Divorce, to Custody of Children, and Domestic Violence. Families come in all different shapes and sizes, therefore, custody of children that are cared for by someone other than the parents, is also part of Family Law.

Divorce

We are often asked whether specializing in divorce and family law is very difficult. Divorce is difficult. There are different stages to the end of a marriage or long-term relationship, and when children are involved, the complications and emotional toll increase significantly. Monmouth County family law attorneys Paula Menar and Raul Menar have over 35 years of combined experience, allowing them to guide clients through this process in the most effective way possible. The beginning will always be very sad, in the middle it will be busy, but the sadness slowly subsides. As we work together, we will have goals and deadlines to meet. In the end, most clients have a positive outlook, they are looking forward to the next chapter of their lives. We have the knowledge and experience to support you through this process and get you to the point when you look forward to a happier and healthier future.

Child Custody & Parenting Time

Children are the little people we love the most and for whom, as parents, our clients are responsible. Our New Jersey statutes, precedent, and court rules are designed and intended to ensure that any resolutions, whether the result of a trial, hearing, motion, or even a settlement, that the children’s best interest is at the center of all decisions regarding children. In accordance with N.J.S.A. 9:2-4 the court will consider the following factors to determine what is in the best interest of the children:

• The parents’ ability to agree, communicate and cooperate in matters related to the child;
• The parents’ willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse; 
• The interaction and relationship of the child with its parents and siblings; 
• The history of domestic violence, if any;
• The safety of the child and the safety of either parent from physical abuse by the other parent; 
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; 
• The needs of the child; 
• The stability of the home environment offered; 
• The quality and continuity of the child’s education; 
• The fitness of the parents;
• The geographical proximity of the parents’ homes; 
• The extent and quality of the time spent with the child prior to or subsequent to separation; 
• The parents’ employment responsibilities; and
• The age and number of children. 

The courts will always encourage the parties to fashion their own arrangements. As experienced Monmouth County family law attorneys, we also encourage our clients to tell us what they believe to be in the best interest of their children. Given our experience, we can assist our clients design creative options to make future co-parenting less challenging. If consensus efforts fail, we have the knowledge and experience to litigate the issues assertively and confidently.

Domestic Violence

New Jersey has one of our country’s most comprehensive and strongly enforced Prevention of Domestic Violence Acts. It is relatively easy to obtain a Temporary Restraining Order, TRO, most plaintiffs appear on their own at the TRO hearing. The process starts either at a police department or at the Family Court. The process becomes more challenging at the Final Restraining Order Hearing, FRO Hearing, which is a trial during which all evidence, parties and witness testimony must be presented in accordance with the rules of evidence. There are 18 crimes that are included in the Prevention of Domestic Violence Act: 

• Homicide; 
• Criminal Sexual Contact;
• Assault;
• Lewdness;
• Terroristic Threats;
• Robbery;
• Stalking;
• Criminal Mischief;
• Kidnapping; 
• Burglary; 
• Criminal Restraint;
• Criminal Trespass; 
• False Imprisonment; 
• Contempt;
• Criminal Coercion;
• Harassment;
• Sexual Assault;
• Cyber Harassment. 

Domestic Violence cases are tried within a few days to a few weeks from the time they are issued. Experience in how to handle these matters is paramount to be able to present a well-prepared case. 

Same-Sex Marriage

Same-sex marriage has been recognized by our courts since 2013. However, it was finally codified by the New Jersey Legislature in 2022. Our office is committed to representing clients to protect their rights, families, and assets, regardless of the gender of the parties. Same-sex marriages are subject to the same rights and obligations as any other marriage. Alimony, equitable distributions, custody, parenting time, and child support, are all issues that must be addressed in detail so that clients can move forward to a happy future, knowing that their pre-nuptial, divorce matter, domestic violence matter, custody matter, college tuition, etc. have been handled competently and they can look forward to a bright and happy future. 

Wills & Estates

In addition to family law matters, attorneys Paula Menar and Raul Menar are also skilled in estate planning matters and regularly help clients throughout the state of New Jersey, including Monmouth County and Middlesex County. Every person should take the time to address what will happen with their assets, “their estate”, upon their demise. This is not only important as it will provide guidance and relief to those loved ones left behind, but it can also provide the “testator” with the peace of mind of knowing how the fruits of a lifetime of labor will be cared for or distributed upon death. Also, due to our extensive experience with Family Law, our firm is in a privileged position to give our clients specific advice and caution them as to issues that arise with “blended families”, for example, second spouses, children from a first or subsequent marriage, stepchildren, romantic partners or domestic partners that are not married to each other, etc.

Powers of Attorney

Powers of Attorney are extremely important for every adult. A Power of Attorney may be of use in multiple ways and situations, such as if the person signing, known as the Principal, the Power of Attorney granting another, known as the Agent, to act on her/his behalf if she/he is not available at any given time to complete or transact any business or legal function. Powers of Attorney also gain importance as the Principal ages, and the need arises for someone to assist or fully assume the responsibility of caring for the Principal’s financial or property affairs. An Agent may have the authority to execute all kinds of legal documents on behalf of the Principal. Powers of Attorney are also needed if the Principal becomes ill and unable to care for his/her affairs, but bills still must be paid, and access to bank accounts and assets is necessary. If a person becomes incapacitated and there is no Power of Attorney, the only alternative may be a Guardianship, which is a significantly more complex proceeding, which requires court intervention, and medical opinions are needed, etc. Therefore, the difference in legal costs between a Power of Attorney and a Guardianship are significant. Also, it is important for clients to realize that a Power of Attorney can only be executed while the Principal has capacity to make decisions, wisely and carefully choose to whom certain powers are given, what powers and under what circumstances those powers come into effect. The attorneys at Menar & Menar have years of experience assisting clients with regards to Powers of Attorney and Guardianships.

Let Our Experienced Attorneys Help You

With offices conveniently located in Monmouth County and Middlesex County, attorneys Raul Menar & Paula Menar are especially well-placed to assist our clients in navigating their most intimate and sensitive matters, whether it be family law, divorce, or wills and estates. Many of our clients have relied upon us to assist them during multiple periods of their lives and often the next generation has continued to rely upon our services in the 20-25 years of our practice. Ms. Menar & Raul Menar can be contacted for a consultation by emailing their office at menarlaw@gmail.com or calling their office at (732) 227-1188 or (732) 431-0013.