Bari Weinberger

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.

• Divorce
• Family Law
• Domestic Violence
• Arbitration & Mediation

• 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

• Free Consultation
• Credit Cards Accepted

Partner/Owner

Weinberger Law Group, LLC

2008 - Current

Partner/Owner

Iandoli, Edens & Weinberger

2006 - 2008

Partner

Cutler, Simeone, Townsend, Tomaio & Newmark

2006 - 2006

Associate Attorney

Cutler, Simeone, Townsend, Tomaio & Newmark

2002 - 2005

Associate Attorney

Finnerty LaRocca & Sherwood

2000 - 2002

Associate Attorney

Goldstein & Bachman

1998 - 1999

Judicial Law Clerk

Middlesex County Superior Court, Family Part

1997 - 1998

Suffolk University Law School

J.D.

1994 - 1997

University of Massachusetts - Amherst

B.A. / Legal Studies, Sociology and English

1990 - 1994

Double majored in Legal Studies and Sociology with a Minor in English

NJ Biz Best 50 Women in Business

NJ Biz

2013

New Jersey Leading Women Entrepreneurs-2013

NJ Monthly

2013

Woman Business Owner of the Year Finalist

Women's Center for Entrepreneurship Corporation

2013

Ten Leaders Under age 45 in Matrimonial and Divorce Law

Ten Leaders

2009

2009 to present

AVVO Rating 10/10 Superb

Avvo

Martindale Hubbell- Preeminent AV Rating

Martindale Hubbell

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

2002 - Current

American Inns of Court

Member

1999 - Current

American Trial Lawyers Association

Member

2002 - 2007

Family Law Executive Committee

Member

2005 - 2005

Bergen County Bar Association

Member

2000 - 2002

Middlesex County Bar Association

Member

1998 - 2000

'Tis the Season... To Give Divorce Gifts? | December 19, 2012

Huffington Post

Dealing with Disasters & Aftermath Of Superstorm Sandy, Divorced or Not | November 12, 2012

Huffington Post

Divorce: Take Time for Emotional Clarity in Decisions | March 19, 2013

Huffington Post

Kids fare better in same-sex divorces, too: A Q&A On Gay Divorce

NJ.com

May, 2013

Military Divorce: Why Are So Many Female Service Members Getting Divorced?

Diversity Journal

May, 2013

Interview: New Tax Rules Complicate Divorce

Wall Street Journal

January, 2013

Binders Full of Divorce Clients? How To Election-Proof Your Marriage

Huffington Post

October, 2012

Divorce and Devotion: How Does Religion Factor In Splits?

Huffington Post

August, 2012

Divorcing Parents: 5 Tips For A Successful School Year

Huffington Post

August, 2012

Interview: Do ATRO requirements vary from state to state?

Forbes.com

July, 2012

10 Things Divorce Attorneys Won't Say

Smart Money

June, 2012

House Rules: 5 Tips To Being Divorced And Still Living Together

Huffington Post

June, 2012

Don't Let Social Media Sabotage Your Divorce

Huffington Post

April, 2012

Who's Your Daddy? Paternity Testing and the Nature of Fatherhood

Huffington Post

April, 2012

Dating During Divorce? Not So Fast...

Huffington Post

March, 2012

Four Common Misconceptions When Contemplating Divorce

Examiner

February, 2012

Top 4 Tax Tips For Divorcing Couples

Huffington Post

February, 2012

Minimizing the Impacts of Divorce

Ehealth Radio Network

January, 2012

6 Ways Divorced Parents Can Get More Time With Their Children During the Holidays

Huffington Post

December, 2011

In Today's Uncertain Financial Times, Mediated Divorce Makes More Sense Than Ever

Huffington Post

November, 2011

New Jersey Family Law Practice, Associate Author, New Jersey Institute for Continuing Legal Education, 14th Ed., 2010

New Jersey Institute for Continuing Legal Education

2010

Matrimonial Law Attorney

New Jersey Supreme Court

Certified Family Law Mediator

ICLE

Q. my husband cheated & both of our names are on the deed to the house I paid the mortage from my bank act can he take half

11 August 2017

A: I'm so sorry that you are going through this tough situation. You bring up several issues in your question that would have to be explored a bit more in order to give you really sound and complete advice. But, I can give you some general guidelines in the hopes that that helps you. New Jersey is an equitable distribution state, meaning that marital assets are divided equitably, or fairly, and not necessarily 50/50. The court looks at your marriage like a business: who contributed what? Who brought what to the table? How do we divide up these assets or debts fairly? The first step is to determine what is martial property (property that was gotten during the marriage) and then figure out how that property should be divided. Your house would indeed be seen as marital property if it was purchase during your marriage (I am assuming it was) and therefore, would be subject to division. But, the court will evaluate who contributed to the property and how. You indicate that you have paid the entire mortgage. That would be taken into account. The court will also want to know if your husband has put any money at all into the home, including home improvements, upkeep, etc. That would be taken into account as well. Bottom line is, how would the house be divided fairly? Since you indicate you financially support him, you may be on the hook for spousal support, but again, more information would be needed. Did your husband ever work? What is his education level? Do you have children? Of course, do not share too much personal information on this open forum. Pensions are different and can be complicated. The general rule is that a spouse is entitled to one-half of what was put into the pension during the term of the marriage, so from date of marriage to the date of the filing of the complaint for divorce. It is important to know that NJ is a no-fault divorce state. So, while adultery is terribly painful, courts do not punish bad behavior by giving one spouse more money or giving the cheating spouse less. If you spouse spent marital money on the affair, however, he could be liable to put that money back into the marital pot. As you can see, divorce law is very fact specific and depends greatly on your specific circumstances. I advise you to talk to an attorney and at least get some detailed advice. We have offices throughout New Jersey and many other family law attorneys offer free consults, as well. I hope this was helpful. Regards, Bari

Q. There was a court order for physical custody in New Jersey in 2012. The children have lived with me for the past five

10 August 2017

A: Hello and thanks for your question. Jurisdiction can indeed be a tricky area of the law to navigate, here in New Jersey and without looking at your specific court order, it is a little challenging for me to answer you completely. I'd be happy to give you a brief overview, however, in the hopes that that will assist you. Typically, jurisdiction for custody cases in New Jersey remains with New Jersey until a child has lived in another state for at least six months. After that, New Jersey no longer is the "home state" of the child, and jurisdiction would presumably belong to the new state, in your case, North Carolina. How jurisdiction over children and custody matters works in North Carolina is not something I can speak about, because I am not an attorney there. For more information about North Carolina laws, speak with an attorney admitted to practice there. You indicate that there is a court order for custody from New Jersey in 2012, and here's why this is important: the order may specifically state that New Jersey keeps jurisdiction, no matter where the child moves. Does your order indicate that? Some other questions: are you one of the parents of the child? To whom was custody granted? If you were not given custody, why is the child with you? I don't want you to be too personal or specific on this general forum, but these are the types of questions that a family law attorney would ask in a consultation. To that end, you should consider having a consultation with a New Jersey attorney, so they can speak with you about all the details of your case and advise you specifically about your family. We can offer you a telephone consultation as you are in North Carolina, but many family law attorneys offer free consults, as well. Wishing you luck and thanks again for your question. Regards, Bari

Q. If my child is 18 and moved out of her moms home. Do i still have to pay her child support direct? Is she emancipated

9 August 2017

A: Hello, and thank you for your question. When a child no longer needs child support can be a tricky question, indeed. First, let's talk about emancipation and what that means here in New Jersey. When child is no longer in need of his or her parent's financial support or input into their decision-making, they are considered "outside the sphere of influence" of their parents and, therefore, emancipated. There is no automatic age, except for the rule that child support must end at 23, no matter what. But, child support can continue through college and up to the age of 23. As you can probably guess, this is really fact-specific for each family and it would be for yours, as well. Some further information that a family law attorney would need in order to answer you more completely would be: Is you daughter working full-time? Is she in school full-time? Is she living on her own and paying rent? How is she making her bills? Of course, do not give out too much personal information, here; rather, think about these issues in preparation for talking with an attorney. Typically, parents to do not pay child support directly to the child, although there can be exceptions, of course. But, the theory is that the child support is to help the other parent with expenses including feeding the child, putting a roof over the child's head and providing other necessities such as clothing, heat and electricity. As you can see, it can get a little complicated. Talk with a good family law attorney. We have offices throughout New Jersey and many other family lawyers offer free consults, as we do. Wishing you the best of luck and hoping we can serve you if needed! Regards, Bari

Q. I live in NJ with my children I need to give my sister temp custody but she lives in Oklahoma. What can I do?

8 August 2017

A: I'm so sorry you are going through this difficult time, but applaud you for your brave attempt to get better. You are right to begin to plan for your children while you will be away so that you know they will be cared for by a loving family member. I do, however, urge you to be cautious here. New Jersey is the home state of your children, has jurisdiction over them and, therefore, would make any decisions about them. Sending them out of state without the permission of the courts or the permission of their father, may backfire and a risk you may not want to take. To answer you appropriately, I would need some further information from you. Of course, I do not want you to give too much personal information in this open forum, but some questions that would need to be answered would be whether or not there is an existing order for custody, if there is any parenting time for their father, the ages of the children, how long you will be away, etc. No matter what, the court will look at what is in your children's best interests, when making any decisions regarding them. Your plan of action to ensure that you and your children are protected may be to get a specific order from a judge that allows the transfer of custody to their aunt. I strongly suggest that you speak with a family law attorney in your area for a free consultation, to get some specific guidance and to give you the confidence to know that you are making the correct decision in the eyes of the law. We have offices throughout New Jersey or, look for another local attorney with whom you feel comfortable. Many offer free consults. Best of luck on your journey to health and happiness. I hope we can help you now or in the future. Regards, Bari

Q. My support obligation went from two children to one. The amount stays the same. No change. Is this normal?

7 August 2017

A: Thanks for asking your question, because this certainly comes up frequently! Since the new child support law went into effect, emancipation (the term we use for when a child is no longer in need of the financial support of their parents), as you know, becomes automatic at age 19, unless there is an exception, such as full-time college or a disability. Now that your 19-year-old is emancipated, your obligation is only to support your 16 year-old until he or she is emancipated. A little more information is needed in order to give you a really complete answer, but from what you ask, here, it seems as though your child support is what we call "unallocated," meaning that the order does not explicitly say each child receives $98.50, rather, it simply says the amount of $197.00 is for both children. Does that seem correct? If so, then there would be no automatic reduction of the support and you would have to file a motion with the court asking that the child support amount be recalculated. There is no specific law or statute that talks about this issue, but there have been cases that discuss what to do in this situation. Most frequently, the emancipation of one child would indeed be viewed as a change in circumstances that could warrant a reduction in the support. That "change in circumstances" standard is needed in order for the support to be changed/reduced. I understand your uncertainty about wanting to file a motion to recalculate your support obligation. A new child support guidelines would need to be run requiring more information such as your salary, your child's other parent's salary, etc. Would any possible reduction be worth the time and expense of filing? It's hard to say without talking more with you and getting particulars about your situation. I would suggest reaching out to a family law attorney for a consultation. We have offices throughout New Jersey, but many other family attorneys offer free consults, as well. I wish you luck and hope to have the opportunity to assit you! Regards, Bari

Q. Do I have to keep paying alimony if my ex wife is serving time in jail?

4 August 2017

A: Thank you for your question. The law in New Jersey can get a little complicated when it comes to alimony and making any changes to your alimony order. But, in general, the Courts can take into account the changed circumstances of your spouse’s life depending on the situation and as the payor, you may be able to modify or stop your alimony payments. In order to advise if you can ask for your alimony to be suspended or terminated in your situation, we would need to understand more about your situation. For example, when did you get divorced and for how long are you supposed to pay alimony? Also, how long will your ex-wife be jail? Speak to a family law attorney so that you can get advice on your specific situation. We offer a free initial consultation and have offices located throughout New Jersey, or contact several local family law attorneys and request a free consultation. It's never a good idea to wait on filing this type of request, so try to speak with an attorney as soon as you can! I hope this information is helpful to you. Kind regards, Bari Weinberger

Q. Can I fill out the paperwork to get a divorce without needing to hire a lawyer?

2 August 2017

A: You can, but please at least consider a consultation with a family law attorney in your area. Many offer free consultations. Depending on your specific case, you may have issues that can get complicated. Better to have good advice/representation now rather than having to go back to court later to correct mistakes, which is an incredibly difficult process.

Q. Can I obtain guardianship over my finances son?

2 August 2017

A: In order for you to adopt, the child's biological mother would have to have her parental rights terminated either voluntarily or through a DCPP action against her. Talk to a family law attorney in your area, many offer free consultations. From your questions, it appears as though you may have a case to be found the child's psychological parent which would entitle you to certain rights, such as legal custody of the child. But, whatever you file in court has to be provided to the biological mother and she has the right to argue against it.

Q. Have PA custody agreement and 13yr, 10mo old child no longer wants to visit with 1 parent for numerous reasons. Options?

2 August 2017

A: I suggest you speak with a Pennsylvania family law attorney, since the order for custody/parenting time is out of PA. Since the family is now in New Jersey, you may be able to have jurisdiction changed, but it depends on the exact language of the custody agreement.