Tarpinian, Nyire, ATY

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Tarpinian, Nyire, ATY

Divorce
If you’re getting divorced, you need to focus as much on your life after the divorce as you need to focus on presenting a strong case during the divorce. This process can be challenging and difficult, but in all my years of practice even the most contentious cases come to an end and the parties move forward with their lives. As your attorney I will listen to your concerns and needs, and together we will get you through the divorce and unto your new life as amicably as possible. I often advise potential clients to speak to another attorney before retaining my firm, since it is so important you trust and have confidence in your attorney. Most generally speaking there are two kinds of divorce. An Uncontested Divorce

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Phone: (201) 216-1818

Address: 86 Hudson St, Hoboken, NJ 07030

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Tarpinian, Nyire, ATY

Divorce
If you’re getting divorced, you need to focus as much on your life after the divorce as you need to focus on presenting a strong case during the divorce. This process can be challenging and difficult, but in all my years of practice even the most contentious cases come to an end and the parties move forward with their lives. As your attorney I will listen to your concerns and needs, and together we will get you through the divorce and unto your new life as amicably as possible. I often advise potential clients to speak to another attorney before retaining my firm, since it is so important you trust and have confidence in your attorney. Most generally speaking there are two kinds of divorce. An Uncontested Divorce
Child Support
The Law Office of Frank Marciano is experienced in Child Support matters and has the common legal sense to know when to negotiate and when to litigate. The State of New Jersey has some of the strictest child support laws in the United States. For a great overview of New Jersey and Hudson County child support laws and programs visit the New Jersey Child Support web site.
Child Custody and Visitation
Usually, custody and visitation are decided or agreed upon early in the divorce or separation of parents. However, things change and mothers and fathers are sometimes forced to go to court to argue why the existing arrangement is not in the best interests of the child. One of the most difficult issues facing people who are getting a divorce has been the issue of who should be given physical custody of a child when custody is in dispute as well as visitation decisions. In New Jersey, our statutes make it clear that in a proceeding involving the custody of a minor child, the rights of both parents shall be equal. Because each family, every child, every parent has unique and specific needs and schedules every effort should be made to negotiate a workable visitation and custody arrangement. There are two types of custody: physical and legal. Legally speaking, the only presumption is that both parents will have legal custody and physical custody that is in dispute. Despite the neutrality of the law, usually the courts agree that the best interests of the child is to let the mother have physical custody.
Adoption
We have also represented clients who have formally adopted children under their care because of a marriage step-parent adoption or because of abandonment, death or neglect from birth parents or when a family member adopts the child.
Premarital Agreement
While not the most glamorous aspect of a marriage proposal or engagement, the idea of a prenuptial/ante nuptial agreement is something every couple should discuss. A prenuptial agreement is not a doomsday prediction of a marriage's future; rather, it is practical and smart. In fact, open communication with your new husband or wife could be the best way to begin a successful marriage. Real Estate Closings
Guardianship
If someone close to you is unable to care for him or herself or oversee matters relating to their property, we can help you establish a guardianship to insure your loved one is cared for and his or her property is looked after in a competent and professional manner.
Spousal Support
A divorce becomes contested when the parties cannot agree on the issues like division of assets—known as equitable distribution—alimony, custody, future residence when children are involved, pets, debts, and other concerns specific to each situation. Selecting the right attorney therefore becomes essential. Your understanding of the law and chance for success regarding any particular problem is deeply influenced by the attorney-client relationship. My years of experience handling such sensitive and delicate matters will enable you to make the best decisions moving forward. Every matter is unique and intricate. I will give you my utmost guidance and support through this difficult process. Prenups
Annulment
I have represented clients for which annulments are also an option for various reasons. People may be eligible to get an annulment, which is a legal action that declares that the marriage was never in effect, and the marriage was void from the beginning. As an attorney I handle annulments through the court system - not a religious proceeding. For example, an annulment through the Catholic Church is a proceeding outside the court system.

Criminal Defense
DUI/DWI
Drunk Driving, Driving under the Influence, (DUI), Driving while intoxicated (DWI) are all the same in New Jersey. The following is a brief summary of DWI law in New Jersey. However, this is a very complex field of law and there are many other laws that may come into effect if you're charged with DWI. New Jersey is one of the toughest states in the nation regarding DWI. For example, there is no "work program" where you can have a limited driving license. If you're convicted of driving under the influence you will lose your license. It is imperative that you seek the advice of an attorney to protect your rights.
Traffic Violations
Our practice is focused on protecting your family, your home, and your assets. We represent clients throughout Hoboken as well as the surrounding area. Attorney Frank Marciano and his dedicated support staff enjoy what they do and are prepared to act promptly on your case. If you are looking to purchase or sell real estate, work through a divorce, fight a traffic ticket, incorporate a business, or need help in any of the practice areas listed on this site, you will benefit from our experience. We are conveniently located one block from the Bus, Ferry, PATH, and Light Rail stations. Please give us a call and see if we can be of service to you; we invite new business and look forward to hearing from you.
Theft
Misdemeanors
C. An offense defined by any statute of this State other than this code shall be classified as provided in this section or in section 2C:43-1 and, except as provided in section 2C:1-5b and chapter 43, the sentence that may be imposed upon conviction thereof shall hereafter be governed by this code. Insofar as any provision outside the code declares an offense to be a misdemeanor when such offense specifically provides a maximum penalty of 6 months' imprisonment or less, whether or not in combination with a fine, such provision shall constitute a disorderly persons offense.
Assault
Common Disorderly Persons Offenses are: Simple Assault, 2C:12-1; Shoplifting, 2C:20-11 (under $200); Theft/Theft of Services, 2C:20-8 (under $200); False Information, 2C:28-3; Resisting Arrest, 2C:29-2. Common Petty Disorderly Offenses are Harassment, 2C:29-2; and Fighting, 2C:12(a)3.
Shoplifting
For shoplifting from the clients place of employment and then selling the goods to restaurant patrons on Washington Street, right up the block from the store.
Restraining Order
If you are a victim of such domestic violence or emotional abuse, the Law Office of Frank Marciano can help you obtain a "kick-out" or restraining order. A restraining order may direct the named party not to approach you, your home, work, or vehicle, and may prohibit any efforts to communicate with you, or to transfer money or other property. For more detailed information please read this overview of Domestic Violence Court Procedures.

Business and Corporate Law

Business Disputes
There appears to be a large amount of litigation these days - and businesses are no exception. Small businesses find themselves in unwanted litigation or in situations where they have exhausted all other alternatives and need to avail themselves of the Court system. These businesses find themselves in litigation involving: lease disputes, real estate property sale disputes, collection on unpaid invoices, contract disputes, broker disputes, personnel and employee disputes, among many others. Small businesses quickly realize that that they might spend more on the lawyers and litigation expenses than they could by just settling the case. This Catch-22 situation often brings small business to the Law Office of Frank Marciano since we can provide more efficient and cost effective legal service that is not driven by increasing legal paperwork to increase legal fees.

Employment Contract
Sexual Harassment
For lewd sexual behavior after a male boss accused his female hair stylist employee of stealing. The next day she filed a complaint for sexual harassment. We won after a full trial where it was determined the parties were alone for less than a minute, that she was under the influence of anti-depressive medication for issues relating to memories of her father sexual abusing her and where she was under the influence of more than just the prescribed medication, she was also taking anti anxiety pills that she "borrowed" from her boyfriend.

Real Estate Litigation
We represent both tenants and landlords in a variety of matters concerning residential, private, and commercial properties. We offer lease drafting, negotiating services, and can craft arrangements to prevent future disagreements between the parties by reducing any ambiguities concerning the rights and responsibilities of either the property owner or tenant. We have extensive experience counseling our clients on a wide range of landlord/ tenant/ and leasing issues. Real Estate Disputes
Real Estate Transactions
MarcianoLaw knows real estate. The bulk of our business is real estate transactions. This is America, this is New York, this is Hoboken and no matter what happens in the world — real estate deals continue to circulate around the magnet that is New York.
Land Use and Zoning
In today's fast paced, changing real estate market, concluding transactions can be very stressful. We can help you whether you're buying or selling your home, be it condominium, house or coop, or buying and selling investment properties such as buildings for condo conversion, multi-family for long term investment, commercial condos, or vacant land or properties sold with zoning approval. Unfortunately, many people don't take the precautions necessary to ensure that their title, zoning and land use documents are legally valid. Retaining trusted and experienced legal representation, when you are about to close on a real estate purchase or sale, is just a phone call or e-mail away.
Landlord-Tenant Disputes
Ever since 9/11, officials have been paying increasing attention to any identity discrepancies, and it is becoming only more difficult to actually prove one’s identity. A person residing in New Jersey is formally permitted to change his or her name as long as s/he does not have a criminal record and is not trying to avoid creditors. If you want to change your name or if the names on your official documents—passport, licenses and other ids—differ you will need to have your name changed legally. We can also change your child’s name for whatever reason, so long as it is something both parents wish to be done. Landlord and Tenant Matters
Property Damage

Medicaid Planning
It is imperative that you plan for your later years in life. Elder Law is a relatively new and specialized field of law that deals with the issues often faced by the fastest growing segment of the US population - the elderly. Elder Law combines elements of Estate Planning, Wills and Trusts, Guardianship, Health Care Planning and Medicare/Medicaid Planning. It encompasses many of the topics discussed throughout this website such as: Living wills, Last will, guardianship, and reverse mortgage. Some aspects of elder law involve more detailed Medicare and Medicaid planning. All of which is designed to protect the elderly and their assets.

Trusts and Estates

Estate Planning
When people begin the process of Estate Planning, many of them are unsure as to whether (and if so, when) they should seek the advice of a lawyer. If you own property, have children, were recently married or divorced, or wish to make a special bequest to a friend or relative, you should make or update your will. The Law Office of Frank Marciano can insure that your property is distributed according to your wishes.
Wills
The last wishes of the decedent are carried out by the executor/executrix along with the guardian and or trustee if called for in the will. We often represent the executor/executrix of an estate to help them carry out the directions set forth in the Last Will and Testament.
Trusts
You may be able to avoid probate by setting up a living trust. Like a will, a living trust describes what happens to your property in the event of your death. While you are alive, you remain in control and have the power to change the trust at any time. Setting up a living trust allows you to avoid the expense and long delays of probate and may even save you money on taxes. Talk with us to see if this might be an option available to you.
Power of Attorney
We can help you draft your medical powers of attorney and your financial powers of attorney and appointment. These documents will help your family and medical providers make important decisions if you are unable to do so. Our goal is to insure that your personal matters and financial affairs are appropriately handled and structured.
Probate
Probate courts oversee the administration of property after a person's death. The Law Office of Frank Marciano is experienced in all areas of probate law, and we encourage you to contact us to discuss any probate issues.

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