Covid-19 Update:

The Law Office of Andrew A. Bestafka, Esq. is taking a safe but proactive approach to the Coronavirus situation in our law practice. We are working every day to represent our clients. We are offering frontline healthcare workers at CentraState free Simple Wills. To read more please Click Here

The days ahead may be a challenge. But we will continue to work to take care of our client’s cases and to take on new matters and clients. We will simply manage your case in less traditional, more technology-driven ways, that are safer for your health and ours.

Please stay healthy and contact us if you have any questions or concerns regarding your case or a new matter for us to consider.

Andrew Bestafka, Monmouth County Divorce Lawyer

Smart & Cost Efficient Representation in
Divorce, Custody & Family Law

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How is Property Division Determined in a New Jersey Divorce?

Are you currently going through or thinking about filing for divorce in New Jersey? Are you wondering how marital property is divided by the court? New Jersey is an “equitable division” state, which means that the court will try to divide the marital property in a fair or equitable way, depending on the circumstances of the couple.  This is an important aspect of a divorce and can be quite complex. The Law Office of Andrew A. Bestafka, Esq. has been dealing with property division issues in divorces for more than a decade.  For help, call (732) 898-2378. You’ll talk with a knowledgeable attorney who can make the difference between a good property settlement and a bad one.

Why You Need an Attorney to Help with Property Division in a Divorce

It is crucial to have an attorney who knows New Jersey divorce law and understands the nuances of how marital property is divided by the court. Whether negotiating a favorable agreement out of court or arguing before the court in a contested hearing, an experienced attorney knows what needs to be done to get the best outcome for you and how to do it.

An experienced attorney also knows the factors the court will be looking at to make its decision and which arguments will best cover each of them.  Another important element in dividing marital property is establishing an accurate value for the property. Knowing how to present favorable evidence to the court regarding value is complicated. If you don’t have a skillful attorney to represent you, you’ll be at a huge disadvantage and are unlikely to get the property division you want in court.

Why Choose Law Office of Andrew A. Bestafka, Esq.?

Law Office of Andrew A. Bestafka, Esq. has practiced exclusively in the area of family law since 2008. Mr. Bestafka grew up in Monmouth County, New Jersey, so he knows the area and the people well.  Law Office of Andrew A. Bestafka, Esq. has been named one of the ten best Family Law Attorneys in New Jersey by the American Institute of Family Law Lawyers. This award is prestigious and takes into account not only client satisfaction but also the respect of his peers in the legal profession. He also has served on the Family Law Committee for both the New Jersey State Bar Association and the Monmouth Bar Association. Law Office of Andrew A. Bestafka, Esq. and his associates take great pride in helping families through one of life’s most difficult challenges.

Law Office of Andrew A. Bestafka, Esq. fights to get the best outcome possible for each and every client. Law Office of Andrew A. Bestafka, Esq. is caring, compassionate, and attentive to the needs and wishes of their clients. Mr. Bestafka and his associates are experienced in family law and will help you get the best outcome possible under the law. Your financial future after your divorce will be significantly impacted by how the court divides marital property, so it is important to choose outstanding legal representation, such as Law Office of Andrew A. Bestafka, Esq..

Factors in New Jersey Marital Property Division

New Jersey law directs the court to divide property “equitably.”  This means your marital property may not be divided 50-50.  The court’s decision depends on several factors. Two of the most important factors are the income and earning capacity of each party and who has primary custody of the children, if children are part of the divorce. The court also looks at how and when assets were acquired and the contribution of each spouse. This contribution can be financial, but it can also be household chores such as cleaning and cooking.  New Jersey Courts also consider whether one spouse helped the other to get through school and earn a degree and if they may have delayed their own education in doing so.  There are many other factors the court can consider that your attorney can discuss with you.  The exact factors depend on your circumstances.

New Jersey honors pre-nuptial agreements, if one was executed prior to the filing of the divorce.  A pre-nuptial agreement is a contract or agreement between the spouses that divides property ahead of time should the parties divorce at some point. If you have questions about pre-nuptial agreements, it is a good issue to bring up during your initial consultation with your attorney from Law Office of Andrew A. Bestafka, Esq..

Marital property may include obvious things like cars and real estate, depending on when and how they were purchased.  But it also includes such things as retirement accounts, investments, pets, and even frequent flyer miles and cryptocurrency.  Your situation is unique, which is why there is flexibility built into the “equitable division” decision the judge makes.

If You Are Going Through a Divorce, Call Us

Division of marital property in a divorce is complicated, and it is very important to your financial future. Law Office of Andrew A. Bestafka, Esq. is an experienced, respected firm that will aggressively pursue the best financial outcome that New Jersey law allows in your case.  Call (732) 898-2378 today to schedule an initial consultation and discuss your circumstances with us.



Divorce Proceedings Begin with Legal Twist

A recent Wall Street Journal article reported that Michael Mandelbaum, whose family owns a stake in the Minnesota Vikings franchise, claimed he was never officially married to his wife when she brought a divorce petition against him.

This allegation came after Mandelbaum and Debra – the woman who claimed the two were indeed married legally – lived together for 20 years as man and wife. The report stated they had a Jewish wedding ceremony, and even bought property and filed taxes together as husband and wife. However, Mandelbaum claimed that their divorce is not valid, since he and Debra did not obtain a marriage license before their ceremony, as New Jersey law dictates they must. Mandelbaum said that his and Debra’s wedding on December 5, 1995 occurred 16 days before their marriage license was approved. Debra asserted that his attempt to deny they were ever married is merely a way to keep her from money she would receive in divorce proceedings.

Divorce is usually complicated, especially if the separating couple disagrees on issues such as asset division, child custody, and alimony. Regardless of your issue, the divorce attorneys at the Law Office of Andrew A. Bestafka, Esq., in Monmouth County can offer experienced and committed legal representation throughout your divorce. Call our offices at (732) 898-2378 today to begin discussing your situation.



Divorce fraud claims against billionaire Cohen resume

The 2nd U.S. Circuit Court of Appeals reversed a Manhattan district court judge’s 2011 decision that dismissed a lawsuit filed against a Wall Street multi-billionaire by his ex-wife.

The long running legal battle began in a 1990 divorce proceeding when Patricia Cohen accused then husband Steven A. Cohen of hiding his assets while formalizing a property division agreement. She claims he lied about losing his entire $9 million investment in co-op apartments.

The appeals court decision relied heavily on the evidence Patricia submitted regarding her discovery of a court file in 2008 revealing a $5.5 million dispute settlement paid to Cohen. Patricia’s 2009 fraud-based claims also involved allegations of Cohen’s 1985 $20 million insider trading profit from a tip given by fellow Wharton School graduates of the University of Pennsylvania.

Defense lawyers argued that Patricia was merely harassing Cohen and trying to gain media attention at the expense of her ex-husband.

Formalizing property division in divorce court proceedings can be tedious and complicated. To get the support and guidance you need, speak with the legal team at the Law Office of Andrew A. Bestafka, Esq., by calling (732) 898-2378 today.