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Bari Weinberger

Bari Weinberger

Trusted Authority on NJ Divorce & Family Law
  • Divorce, Family Law, Domestic Violence...
  • New Jersey
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Summary

Bari Z. Weinberger is the founder and managing partner of Weinberger Divorce & Family Law Group, New Jersey’s largest divorce and family law firm, with locations in Bergen, Burlington, Monmouth, Morris, Somerset and Union Counties. As a family law expert, Bari is Certified as a Matrimonial Attorney by the New Jersey Supreme Court, a designation held by only a small percentage of lawyers stateside. She is an experienced family law mediator and also holds an "AV" Preeminent rating from Martindale-Hubbell Peer Review. Her peer rating is based on exemplary work and high ethical standards in the field of New Jersey family and matrimonial law. Bari also volunteers as an expert panelist at the Morris County court in the Early Settlement Panel program. The program offers neutral recommendations to litigants and their attorneys who have not yet settled their matters in the hopes of assisting them in reaching a resolution. Outside the courtroom, Bari Weinberger is a published author and accomplished media personality who has contributed to the Wall Street Journal, Smart Money, Star Ledger, Access Hollywood, CBS, ABC, NBC, PIX-Channel 11, NJ 101.5 radio, Huffington Post, Forbes, the New Jersey Law Journal, and other leading media outlets. She is also a coauthor of Military Family Law (Reuters) and an Associate Author of the New Jersey Family Law Practice (15th edition, 2103), a five-volume reference guide used by virtually every family law judge and lawyer in the state of New Jersey. A 1997 graduate of Suffolk University Law School (J.D.), Bari Weinberger has been honored as a NJBIZ Top 50 Women in Business and Top 25 Leading Women Entrepreneur, and named a New Jersey SuperLawyer for two years running (2015, 2016). Her firm has been nominated as a Top 100 NJ Best Places to work for the past three consecutive years.

Practice Areas
  • Divorce
  • Family Law
  • Domestic Violence
  • Arbitration & Mediation
Additional Practice Areas
  • Adoption and Kinship Legal Guardianships
  • Alimony and Palimony
  • Child Custody
  • Child Support
  • Dissolution of Domestic Partnerships/Civil Unions and Same Sex Marriages
  • Division of Assets-Equitable Distribution
  • Emancipation
  • Legal Separation
  • Matrimonial Law
  • Paternity
  • Post Divorce Matters
  • Pre and Post Nuptial Agreements
  • Relostion out of the State of New Jersey with a child
  • Visitation and Parenting Time
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New Jersey
Languages
  • English: Spoken, Written
Professional Experience
Partner/Owner
Weinberger Law Group, LLC
- Current
Partner/Owner
Iandoli, Edens & Weinberger
-
Partner
Cutler, Simeone, Townsend, Tomaio & Newmark
-
Associate Attorney
Cutler, Simeone, Townsend, Tomaio & Newmark
-
Associate Attorney
Finnerty LaRocca & Sherwood
-
Associate Attorney
Goldstein & Bachman
-
Judicial Law Clerk
Middlesex County Superior Court, Family Part
-
Education
Suffolk University Law School
J.D.
-
University of Massachusetts - Amherst
B.A. / Legal Studies, Sociology and English
-
Double majored in Legal Studies and Sociology with a Minor in English
Awards
NJ Biz Best 50 Women in Business
NJ Biz
New Jersey Leading Women Entrepreneurs-2013
NJ Monthly
Woman Business Owner of the Year Finalist
Women's Center for Entrepreneurship Corporation
Ten Leaders Under age 45 in Matrimonial and Divorce Law
Ten Leaders
2009 to present
AVVO Rating 10/10 Superb
Avvo
Martindale Hubbell- Preeminent AV Rating
Martindale Hubbell
Professional Associations
American Bar Assocaition
Family Law Section Member
Current
Family Law Inn
Master/Board member
Current
Morris County Family Court in the Early Settlement Program
Expert Panelist
Current
Passaic County Family Court in the Early Settlement Program
Expert Panelist
Current
Passaic County Kids Count Program
Participant
Current
County College of Morris - Randolph and Morristown
Volunteer Family Law Consultant
Current
Morris County Bar Association
Member
- Current
American Inns of Court
Member
- Current
American Trial Lawyers Association
Member
-
Family Law Executive Committee
Member
-
Bergen County Bar Association
Member
-
Middlesex County Bar Association
Member
-
Publications
Articles & Publications
6 Books Every Divorcing Woman Should Read
Huffington Post
7 Secrets for a Child-Centered Divorce
Huffington Post
7 Secrets to Speeding Up Your Divorce
Weinberger Divorce & Family Law Group Library
Dangerous Behaviours in Divorce
Weinberger Divorce & Family Law Group Library
7 Ways to Help Victims of Financial Abuse Break Free
Huffington Post
Immigrant Victims of Domestic Violence Need to Hear This: Your Safety Matters More Than Your ICE Status
Patch.com
Toxic Divorce? Forget the Hazmat Suit and Do This Instead
The Good Men Project
Why Family Law Attorneys Are At The Front Lines Of Today’s Immigration Crisis
Linkedin.com
Common Law Marriage
Law Journal Newsletters
In Case of Deportation: How NJ’s Undocumented Immigrants Can Povide For Their Children
New Jersey Law Journal
New Jersey Child Support Changes: Statue Feb 1 2017
Linkedin.com
Why does The Myth Of common Law Marriage Persist?
Linkedin.com
3 Steps to Take when Preparing to Modify Custody Plans
Weinberger Divorce & Family Law Group Library
3 Tips for Negotiating Alimony
Weinberger Divorce & Family Law Group Library
5 DANGERS for DIVORCING DADS
Weinberger Divorce & Family Law Group Library
5 ways to break through CUSTODY BATTLES
Weinberger Divorce & Family Law Group Library
7 Common Child Custody Mistakes To Avoid
Weinberger Divorce & Family Law Group Library
7 Common Custody Mistakes Women Make
Weinberger Divorce & Family Law Group Library
7 Perilous Pitfalls in a Do-it-Yourself Divorce
Weinberger Divorce & Family Law Group Library
ABCs of LGBT Adoption
Weinberger Divorce & Family Law Group Library
Are You Prepared for Your Day in (Divorce) Court?
Huffington Post
Common Misunderstandings About Common Law Marriage
New Jersey Law Journal
DOCTORS: Avoid The Divorce Mistakes That Could Put Your Practice in Jeopardy
Weinberger Divorce & Family Law Group Library
Domestic Violence Safety Plan (LGBT)
Weinberger Divorce & Family Law Group Library
Domestic Violence Safety Plan (Women)
Weinberger Divorce & Family Law Group Library
Filing For Divorce In Spring? Avoid These 6 Perilous Mistakes!
Huffington Post
Free-Range Parenting vs. Helicopter Parenting: How do NJ courts decide if parents are neglectful?,
New Jersey Law Journal
Getting Served On Social Media: How Some Spouses Are Using Facebook To Divorce
Huffington Post
Getting the Prenup You Need!
Weinberger Divorce & Family Law Group Library
Getting The Skinny On Protecting Your Assets in Divorce
Weinberger Divorce & Family Law Group Library
It Adds Up: Financial Abuse Is Domestic Abuse
Huffington Post
Open Letter To The NFL About Domestic Violence
Huffington Post
Perilous Mistakes Men Make In Divorce
Weinberger Divorce & Family Law Group Library
Perilous Mistakes Women Make In Divorce
Weinberger Divorce & Family Law Group Library
Pokémon Go…ne! Can Divorced Co-Parents Protect Kids from Excessive Screen Time?
Huffington Post
Spousal Cyber-Spying: Are You At Risk?
Weinberger Divorce & Family Law Group Library
The Use of Service Via Facebook in Matrimonial Law
New Jersey Law Journal
Unity on the Homefront: Helping Veterans Stay Married
Huffington Post
When Divorced Parents Disagree About Who Pays for College
New Jersey Law Journal
When Grandkids Need You To Care For Them, What Are Your Legal Options?
Huffington Post
When You’re Divorced, Which Parent Pays For Your Child’s Olympic Dreams?
Huffington Post
Recognizing the Cost of Financial Abuse
Linkedin.com
Raising an Olympian and Child Support
Linkedin.com
Serving Your Spouse For Divorce On facebook: Social Media’s New Legal Savvy
Linkedin.com
When Divorced Parents Disagree About Who Pays for College
Think Advisor
Why Questions About Cohabitation and Alimony Still Linger After Alimony Reform
Linkedin.com
What if an Erin Andrews Case Happened in New Jersey?
Linkedin.com
Connection Between the Super Bowl and Domestic Violence Deserves More Nuanced Look
Linkedin.com
3 Reasons Why Being a Divorced Dad In 2015 Is Better Than Ever
Huffington Post
5 Costly Divorce Mistakes to Avoid
Weinberger Divorce & Family Law Group Library
5 Steps To Choosing The Right Divorce Attorney
Weinberger Divorce & Family Law Group Library
Back to School: 3 Ways To Tell If Your Child Custody Agreement Is The Right Fit
Huffington Post
Discovered Your Spouse Is on a Cheating Website: Should You Save or Ditch Your Marriage?
Huffington Post
Divorcing a Narcissist: 5 Top Tips
Huffington Post
LGBT Parents 101
Weinberger Divorce & Family Law Group Library
LGBT Relationships 101
Weinberger Divorce & Family Law Group Library
Gay Marriage Ruling Not a Clear Windfall for Lawyers
New Jersey Law Journal
Valentine’s Day Is For Divorced Families Too!
Huffington Post
The Future of Palimony After Maeker vs. Ross
New Jersey Law Journal
U.S. Supreme Court to Decide on Same-Sex Marriage
Family Lawyer Magazine
7 Resolutions to Having a Great Newly-Divorce Year
Huffington Post
Beyond Divorce: The Surprising Reasons Why Some Spouses Sue Each Other
Huffington Post
Alimony Reform in New Jersey: A Primer
New Jersey Law Journal
A Year After NJ’s Same-Sex Marriage Ruling, Law Remains Hazy
New Jersey Law Journal
Professional Sports and Domestic Violence: Celebrity Favoritism or Weak Domestic Violence Laws?
Huffington Post
Separate or Recently Divorced Parents, Get Ready for a New Back-to-School Routine
Huffington Post
Enhancing Lives Through Compassionate Family Law Counsel
Law.com
Politics & Religion: Are Pro-Marriage Supporters Waging a New War in Divorce?
Huffington Post
When Parents of a Child with Autism Divorce: Separating Myth from Reality
Huffington Post
Inadmissible – Rachel Canning Case
New Jersey Law Journal
Mothers vs. Fathers vs. Parents: Court Decision Banning Fathers From the Delivery Room Raises Questions for Alternative Families
Huffington Post
Same-Sex Couples in NJ: Are Both Divorce and Dissolution Necessary?
New Jersey Law Journal
Three Reasons Why January May Be the Best Time to File for Divorce
Huffington Post
Making the Best of this Pre-Divorce Holiday Season
Huffington Post
Is Divorce a Virus? The Social and Seasonal Forces of Divorce Contagions
HG.org
Misperceptions in the Alimony Reform Battle in New Jersey
Lawyer.com
How Our Schools Can Better Serve Children of Divorce
Huffington Post
At What Point Do Fetuses Have Rights? Legal Protection for Unborn Children Is Increasing
Huffington Post
Kids fare better in same-sex divorces, too: A Q&A On Gay Divorce
NJ.com
Military Divorce: Why Are So Many Female Service Members Getting Divorced?
Diversity Journal
Divorce: Take Time for Emotional Clarity in Decisions | March 19, 2013
Huffington Post
Interview: New Tax Rules Complicate Divorce
Wall Street Journal
'Tis the Season... To Give Divorce Gifts?
Huffington Post
Dealing with Disasters & Aftermath Of Superstorm Sandy, Divorced or Not | November 12, 2012
Huffington Post
Binders Full of Divorce Clients? How To Election-Proof Your Marriage
Huffington Post
Divorce and Devotion: How Does Religion Factor In Splits?
Huffington Post
Divorcing Parents: 5 Tips For A Successful School Year
Huffington Post
Interview: Do ATRO requirements vary from state to state?
Forbes.com
10 Things Divorce Attorneys Won't Say
Smart Money
House Rules: 5 Tips To Being Divorced And Still Living Together
Huffington Post
Don't Let Social Media Sabotage Your Divorce
Huffington Post
Who's Your Daddy? Paternity Testing and the Nature of Fatherhood
Huffington Post
Dating During Divorce? Not So Fast...
Huffington Post
Four Common Misconceptions When Contemplating Divorce
Examiner
Top 4 Tax Tips For Divorcing Couples
Huffington Post
Minimizing the Impacts of Divorce
Ehealth Radio Network
6 Ways Divorced Parents Can Get More Time With Their Children During the Holidays
Huffington Post
In Today's Uncertain Financial Times, Mediated Divorce Makes More Sense Than Ever
Huffington Post
New Jersey Family Law Practice, Associate Author, New Jersey Institute for Continuing Legal Education, 14th Ed., 2010
New Jersey Institute for Continuing Legal Education
Speaking Engagements
Keynote: Acknowledging Male Victims of Domestic Violence, Union County C.A.R.E.S. (Community, Action, Response, Education, Safety) Domestic Violence Symposium, Kean University
Bari Weinberger delivered a keynote speech at the 4th annual Union County C.A.R.E.S. (Community, Action, Response, Education, Safety) Domestic Violence Symposium, held April 6, 2017, at Kean University. The theme of this year’s Symposium was Hidden Victims of Domestic Violence. Bari delivered the keynote presentation for the panel discussion on male victims of domestic violence. For more information on the Symposium and Bari's keynote address, please see: https://www.weinbergerlawgroup.com/blog/newjersey-law-domestic-violence/bari-weinberger-keynote-male-domestic-violence/
Certifications
Matrimonial Law Attorney
New Jersey Supreme Court
Certified Family Law Mediator
ICLE
Legal Answers
43 Questions Answered

Q. I am a father of two, who won the physical custody since February 2017, now I want child support. Can I get it?
A: Hello and thanks for asking your question. Some more information will definitely be needed in order for you to get a really complete answer, but I will try my best to give you general advice, here. Please know that if you do go see an attorney for a consultation, you should bring all your prior paperwork with you so they can review it in full. You indicate that you were given custody of your child in February of 2017. Was this through a court order? Was child support discussed at that time? Were the New Jersey Child Support Guidelines run in order to come up with a child support amount? Of course, don't give out too much personal information on this open forum, but this is the type of information that is still needed in order to advise you completely. In New Jersey, both parents are required to financially support their child. Even if your ex was not working at the time, I am going to assume that the court at least discussed child support when you were there for the custody matter. If not, you should go ahead and file a request for child support with the court. Be sure to include all of your income information in your filing so that the court has an idea what you are earning. Income information is needed from both you and your child's other parent so that the guidelines can be run and a child support amount can be determined. Provide your paystubs, W-2s and tax returns. If you need further assistance regarding filing for child support, consider at least a consultation with a family law attorney in your area. Many offer free consults as we do. Hoping this was helpful. Regards, Bari.
Q. If the mother and father live in same state but 2 different counties. Father wants custody, which County should he file.
A: Hello and thanks for your question. You should file for custody in the county where your child is living. If you need further information regarding the process for filing or any other info, consider a consult with an attorney. Many offer free consultations as we do. Hope this helps! Regards, Bari
Q. can I file a subpoena for phone records before filing divorce?
A: Hello and thanks for your question. I'm sorry you are going through this tough time. Divorce is incredibly difficult, especially when there is adultery involved. I'll try to answer you as best I can, here in this general forum. With regard to subpoenas, it is possible to issue a subpoena on a cell phone company, but it is not an easy task. Companies such as these have teams of attorneys that handle legal requests such as these and it can take a lot of time and become a large hassle, especially if your subpoena is incorrect, missing information or otherwise faulty. It is not easy even for attorneys to wrangle with cell phone companies, especially in non-criminal cases. On another note, I would suggest that you reconsider filing for divorce based upon adultery. Of course, adultery is certainly a grounds for divorce here in New Jersey, but it may not be the best for you and it certainly is not an easy grounds for divorce to pursue, financially and emotionally. Firstly, if you do file based upon adultery, you have to name the person with whom your husband is having the affair in your divorce paperwork. They have the right to retain their own attorney to represent them and you or your attorney will have to spend time addressing this if that happens. Also, filing based upon adultery can be emotionally exhausting. You have to prove the adultery happened, in open court, potentially in front of an audience of onlookers, if your case goes to trial. In the long run, remember that NJ is a no-fault state, meaning that the courts do not "punish" spouses for bad behavior such as cheating by awarding the other spouse more money or a larger percentage of assets. So, calculate what you will really get in the end. Don't waste court fees, legal fees, stress and anxiety simply because you're angry now. If I were you, I would consider filing based on irreconcilable differences where you simply tell the court that the marriage has broken down and cannot be fixed. This is a quicker, less stressful and less expensive alternative. Consider at least a consultation with a family law attorney in your area. Many offer free consults as we do. Wishing you the best of luck. Bari
Q. I got a divorce, bought a house, and then me and my ex husband are talking again. If he moves in, does my CS stop?
A: Hello and thanks for your question. While many couples split up and then reconcile, the effect of this on child support is not at all clear, unfortunately. In fact, you may even get different answers from different lawyers on this issue! I'll try my best to give you specific advice here, but you should consider talking to a family law attorney about all the specifics of your case. Generally speaking, courts in New Jersey would NOT order child support to be paid from one parent to another when the family is what they call "intact" or all living under the same roof. The theory is that by virtue of the fact that they are sharing a house, they must be automatically sharing the expenses for the kids, such as food, clothing, rent, utilities, etc. Also, most child support, as I'm sure you know since you already have an order in place, is calculated using the NJ Child Support Guidelines. The Guidelines were created to make an approximate guess of the costs of raising a child when the parents do not live together. That's why the number of overnights used in the Guidelines is a factor that can change the child support amount. If you are all living together, then there really are no "number of overnights" as a factor any longer. There have been some cases, however, where one parent, still living in the home, simply refuses to contribute any money at all to the household and they instead hoard their income. In these cases, a judge certainly could order that parent to provide child support but it would most likely NOT be calculated using the guidelines. If the two of you do reunite and you both AGREE that the support should continue, I suggest you talk to an attorney and get that agreement in writing and filed with the court. Again, consider a consult. Many attorneys offer free consultations as we do. Hope this was helpful for you. Regards, Bari.
Q. My kids don't want to see their dad on his court ordered day. He said he was going to call the cops on them. Can he?
A: Good morning and thanks for your question. This, unfortunately is an all too common problem that can be really painful for families going through this. I'll give you my best general advice here and hope this will shed some light. You have stated that your children's dad has a court ordered day for parenting time and I assume this is weekly. If there is indeed a court order in place, it is not a good idea to ignore it or choose to not follow it. You do not want to be seen by the judge as ignoring their order. And, while he technically isn't calling the police on your kids, he does have the right to call the police to enforce the parenting time order. The police could certainly show up at your door and demand that the children be given to your ex. This is never a good idea. Depending on the age of the kids (usually around age 11), judges can choose to hear from them about their feelings regarding custody or parenting time. This is completely up to the court, however. Please know that if the judge does decide to interview your children, it is done in chambers and not in the open courtroom to reduce the stress for the kids. If you want to change the parenting time, you have to file a motion with the court and request this. You have the burden to prove that it is in the kids best interests to change or stop the parenting time, which is no small feat! Why do the kids not wish to go? Are they in therapy? If so, what is therapist's recommendation? Would they submit a report to the court and come testify? Of course, do not give too much information here. I'm simply showing you what information an attorney would ask you in a consultation in order to give you more specific help and guidance. That being said, I would consider at least a consult with a good family law attorney so you can go over all of your options in more detail. Many attorneys offer free consultations as we do. Hope this helped. Regards, Bari
Q. Kids mom is relocating out of state. Plans to take the kids with her. We share custody. What do I need to protect my ...
A: Hello and thanks for your question. You indeed have rights and please be rest assured that the court will honor them! I will do my best, here to give you some general advice about relocation, but I would suggest that you go and speak with a family law attorney who can give your really tailored information based on all your details. In the most recent case, Bisbing v. Bisbing, the courts in New Jersey just made it a bit more difficult for parents wanting to relocate out of NJ with kids. Before, all they had to show was that the move was not harmful to the children and where they were going was at least as good as where they were leaving. Now, after this decision, the parent wanting to move has to show the court that the move is in the child's best interests, just like in a custody case. You indicate that you share custody, but you don't mention if that is physical or legal or both. Regardless, mom cannot move without either your permission or the permission of the court after she proves to the judge that the move is really in your kids' best interests. The burden is on her to show this. We always suggest working it out, if you can. And, if you are able to work out an agreement and you grant permission for the relocation, be sure that you get a LOT of parenting time with the kids, including big chunks of time over the summer school breaks and holidays. Again, consult with a family law attorney so you know how to proceed and what steps to take at this point. Many, like us, offer free consultations. Hoping this was helpful! Regards, Bari
Q. I divorce my husband and have 2 properties but these properties have judgements from a business he owned. what can i do
A: Hello and thanks for your question. This is, I'm sure, terribly frustrating for you and seeing a good family law attorney for at least a consultation is a great idea. In the meantime, let me offer you some general advice, based on the information you have given, here. Please know that an attorney helping you will need much more information from you and would definitely need to review your divorce file before giving you detailed advice. For example, were you represented by an attorney in the divorce? Did you go through the discovery process where you asked your ex for all documents related to the case? Did he purposefully hide the judgments against him from you during the process? Of course, don't be too detailed here in the public forum. Just know that this information would be needed going forward. For now, it may be possible to reopen your judgment of divorce if your ex purposefully defrauded you. There is a statute that governs how and when a final judgment can be changed/overturned. It's not easy and the statute is a little complex, but it can be done provided you meet all the criteria in the statute and you are filing to reopen the case within enough time. Again, talk with a family law attorney to get a really clear idea of a plan of action going forward. Many offer free consults as we do. Best of luck! Regards, Bari.
Q. My friend's divorce procedure has been in court for almost a decade. What can she do?
A: Hello and thanks for asking your question for a friend. It is a shame that this situation has dragged on for so long and it is surely something that should be avoided if at all possible. It is really very difficult to answer you with an great specificity without knowing all the ins and outs of your friend's case, and I'm sure the case is very extensive at this point. A good attorney would be one who has your friend in for a consult and asks her to bring in her file with her, so ALL of the details can be reviewed. This most likely will take more than one session as I am sure there are lots of motions that were filed, etc. that were the cause of this case taking so long. I'm not sure if your friend already has an attorney, but if she does, suggest she sit down with him or her to come up with a good strategizing session. If she has been representing herself, the time has for sure come were she go and talk with someone about this. Of course, there truly may be no good or easy answer. But, it certainly is worth a try to at least get an attorney's eyes on this. Many attorneys offer free consults as we do. Wishing her the best of luck. Hope this was at least a bit helpful. Regards, Bari
Q. Does my wife has the right to tell me when to see or call my child without court involve?
A: Hello and thanks for your question. I'm sorry you are having a tough time dealing with your child's other parent, and to answer you really thoroughly, more information about your situation would be needed. For instance, are you divorced? Has anyone filed for divorce? Have either of you been to court already with regard to custody or parenting time? Who is drafting the "agreements" that you are signing and are they filed with the court? Of course, don't give too much detail here on this forum, but think about the answers to these questions. An attorney will need this information in a consultation to give you more specific advice. Generally speaking, I would advise you to consider filing an application with the court seeking some sort of formalized custody and parenting time arrangement. Consider your schedule and what type of parenting plan would work for you and your child. It is not a good idea to continue to go forward without some sort of court order that lays out your exact arrangement with your child's mother. And, it is also not a good idea for you to be signing agreements without the advice of an attorney. Consider at least a consultation with an experienced family law attorney in your area. This way you can get some really tailored advice on how to proceed in court and how to move forward with your child's mother. I'm not sure if your child was moved out of state, but if so, please be sure to mention this to your attorney because there are specific laws that talk about moving out of state with a child. Above all, remember that courts make decisions about children based on what is in their best interests and start with the premise that children thrive when both parents are involved to the greatest extent possible. Many attorneys offer free consultations as we do. Hoping this helps. Regards, Bari
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Toll-Free: (877) 850-9167
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