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Frequently Asked
Questions

  • Family Law
  • Personal Injury Law

We handle a wide range of family law cases— everything from a prenuptial agreement prior to a marriage, all the way through a post-judgment modification or appeal after a divorce.

We handle cases that focus primarily on the financial aspect of divorce: AlimonyHigh-Asset Wealth ProtectionHigh-Income Child Support and Equitable Distribution. We handle cases that are immediately and primarily concerned with children: Child Custody and Parenting TimeDivorce with Children with Special Needs, and college costs. We handle everything from Domestic Violence and Defending Against the DCPP (Division of Child Protection and Permanency) to Grandparent Visitation Rights.

All the types of cases we handle have one thing in common: family. We fight for you and your family at this difficult time.

O’Cathain Law Group Family Law Department encompasses attorneys and paralegals with a wide range of experience, dedication, and compassion. We employ a team approach to every case to be cost-effective, to brainstorm strategy, and to ensure easy access to us. We know divorce at any stage is a difficult and uncertain time, and clients have many questions about the future, their worries for their children, their financial stability, and their family. Our motto is Move Forward— and together, we will.

If you’re beginning the process of divorce, you’re probably feeling a lot of things: anxious, angry, worried. Divorce is a tumultuous time for most people, as they get adjusted to their new day-to-day realties, and the new configuration of their family.

We’ve handled all types of divorce, and all matters of family law. Time and time again we’ve handled complex cases with a wide understanding of the law, the particularities of New Jersey, and its family law court system and judges. We’ve handled these cases with focused dedication, knowing when to advise our clients to settle— and knowing when to fight. We handle these cases with compassion and understanding because we listen to our clients, taking into consideration what’s most important to them in their divorce.

We’re the right law firm for you if you want certified family lawyers who know New Jersey. Who’ve seen it all in the family law system. Who won’t be cowed by opposing counsel or the court system. We’re the right lawyer for you if you want compassionate lawyers who fight to protect what matters most to you and your family. O’Cathain Law Group Family Law Department’s goal is to help you Move Forward with your divorce, to a time when you don’t need to focus on your divorce— you return your focus to your family and yourself.

But don’t take our word for it. Read our client’s Google reviews and schedule a consultation today.

If your most important priority in the process of divorce is that your children live with you (what’s known as ‘physical custody’ or ‘residential custody’), let your family lawyer know that during your consultation.

There are many different types of custody recognized by New Jersey Family Law Courts – sole custody, joint custody, split custody – but if your goal is for your children to reside with you, ask yourself some questions:

  • Do you want your children to live in the marital home with you, and do you think this is financially doable? If not, where do you imagine you and your children will live?
  • What type of parenting time and/or visitation rights do you think would be fair for your co-parent?
  • What are you willing to give up in exchange for physical custody (say, certain holidays, vacations, etc.)?

Speak honestly and candidly with your family lawyer about your priorities, your goals, your expectations. It’s your family lawyer’s responsibility to listen to your concerns and to be equally honest with you. They will guide you as best as they see fit, towards the best interests for you, your children, your family.

Custody in divorce is often one of the most contentious issues, and you need a team of experienced, dedicated family lawyers you can trust to take care of your number one goal.

Of course, we can help— that’s what we’re here for, that’s what we do.

Financial worries are one of the biggest concerns in a divorce. Ranging from How will my children be able to live the life we’ve always lived? to Will we be able to stay in the marital home? to Will my soon-to-be-former-spouse try to take more than their fair share of our savings? Everyone has financial considerations when they contemplate getting a divorce.

Our job is to protect your family’s financial future. Remember that the divorce process puts tools in place to do this:

  • Alimony: Will you be entitled to alimony, and if so, how much? Will you be the ex-partner paying out alimony?
  • Child support: What amount of child support should you expect to receive, or pay out? How can you insure it will be the right amount for you, and your kids?

We handle the Division of Property & Preservation of Assets, High-Asset Wealth Protection, and Equitable Distribution. We know what it is to be concerned that your ex-spouse is going to try to destroy your family’s carefully built wealth and safety-net. And we’re here to make sure that doesn’t happen.

It’s natural to worry. But with the O’Cathain Law Group Family Law Department, worries over finances can turn to something more productive— a watchful eye on a healthy bottom line, security of your financial future, and the opportunity to Move Forward.

No family lawyer can realistically predict, before examining your case, what it will cost— and be wary of any attorney who says they can.

Costs in a case depend upon a variety of factors, including how complex the issues are, which attorneys at the firm are assigned to your case, how long the case takes, etc. We handle all types of cases, from the simplest of prenuptial agreements to the most difficult and challenging divorce cases that involve long custody battles and disputes over high incomes and wealth.

Our family lawyers work with our in-house staff of dedicated family law paralegals to keep your costs reasonable. Your case will be assigned a team, including a dedicated family law paralegal to work with you on various paperwork and information your lawyer may need and/or the court requests, as well as keep you updated and informed on your case. This is one way we try to control the cost of a divorce.

Like most family law firms, we work on retainer: a client pays an initial retainer depending upon their case and may be asked to replenish their retainer if the case is ongoing. Additionally, our billing department will send you regular statements, so you know what you’re being billed for and how much is still in your retainer. We work to keep you informed.

No family lawyer really knows. As each divorce is different, and each matter is complex in its own way. Divorces can move quickly, if the divorcing parties are amicable, and the court responds quickly. Divorce can take a long time, if the matter involves high stakes custody disputes or a significant amount of disagreement over money— and the court is backlogged. Until a family lawyer examines your case, there’s no way to really know. And be wary of any family lawyer who tells you otherwise.

However, at O’Cathain Law Group Family Law Department, we prefer to focus on what we can control to expediate the process:

  • Knowing what you want: oftentimes divorce takes longer than it needs to because the client has not figured out what they want— which is understandable. Divorce is a process, and our certified family lawyers will work with you to best clarify and prioritize your goals.
  • Getting organized: Financial documents, history and records relating to your kids, screenshots of text messages and printouts of emails— divorce often involves a lot of paperwork that your family lawyer will need. You’ll be assigned a dedicated family law paralegal to work with you to get organized.

We don’t how long it will take, but we’ll do everything in our power to speed it up and Move Forward.

O’Cathain Law Group Family Law Department consists of dedicated family lawyers who exclusively practice family law, as well as family law paralegals and support staff.

  • Francesca, the department’s managing partner, has 15-plus years of experience, and has worked successfully with clients to help them transition to this new chapter of their life. Francesca is board certified by the New Jersey Supreme Court as a family lawyer. She is also one of only approximately 45 New Jersey family lawyers admitted as Fellow of the national American Academy of Matrimonial Lawyers and is Secretary of the New Jersey Chapter of the American Academy of Matrimonial Lawyers.
  • Amanda, partner, serves as a member of the New Jersey State Bar Association Family Law Executive Committee, and Acting Associate Managing Editor of the New Jersey Family Lawyer. She is dedicated to serving her clients in this difficult time.
  • Carlye, partner, is a skilled writer and lawyer who spent two years as a staff attorney at Partners for Women & Justice, a 501(c)(3) charity that provides legal advice to the victims of domestic violence and sexual assault. She handles all aspects of family law, including domestic violence.
  • Thomas, associate, who, prior to joining the firm, served as a judicial law clerk to the Honorable Nina C. Remson, J.S.C., which helps him help his clients to this day.
  • Madeline, of counsel, a past President of the national American Academy of Matrimonial Lawyers and its New Jersey Chapter, as well as past Chair of the New Jersey State Bar Association’s Family Law Section. Madeline received the prestigious Saul R. Tischler award for “outstanding lifetime achievement in family law.”

All these attorneys are supported by an incredible staff of paralegals and assistants to help you Move Forward.

Not in the long run, no. Your spouse may have blindsided you with a request for a divorce or surprised you— perhaps you are separated and talking divorce, but now you’ve been told your spouse has contacted a divorce lawyer. Should you be worried?

No. What you should do is make a plan of action:

Look around our website and determine if we’re the family law firm for you. We’re a small firm that prides ourselves on our many years of expertise and dedication, as highlighted by many accolades, including Bergen County’s Top Lawyers 2023, and our managing partner being a New Jersey Supreme Court-certified family lawyer.

Reach out to us immediately. Schedule a consultation right away by calling the office at: (2014) 488-1161, emailing in**@ol***.com, or filing out this submit form.

There is a concept in divorce known as ‘boxing out’ a lawyer— when a spouse is looking to get divorced, if they consult with a divorce lawyer that means that lawyer automatically cannot be hired by their soon-to-be-ex-spouse. So don’t be ‘boxed out’— let our firm help you Move Forward. Schedule a consultation with our Family Law Department today.

Yes, we do handle mediation (read all about it here, on our practice area page).

Mediation— or alternative dispute resolution— is a tool, just like any other part of the process of divorce. As for whether it’s a better way, that depends upon your case, and the circumstances that surround it. We have trusted third-party mediators that we work with time and time again (often a retired judge or a neutral attorney) and find that it works best if both parties are interested in amicably resolving their issues through mediation.

If you’re interested in mediation, please schedule a consultation with our Family Law Department to discuss this as an option: call the office at: (2014) 488-1161, email in**@ol***.com, or fill out this submit form.

Often, we pursue mediation while also building the case with an eye towards a potential court date, as it’s best to be prepared in case mediation breaks down and your case winds up before a judge. Mediation is a flexible process, and oftentimes befits both parties, while leaving open various options to a resolution if a solution in mediation is not achieved.

Schedule a consultation today to find out if mediation is right for you.

At O’Cathain Law Group, our motto is Move Forward. That’s what we do: help our clients move forward to a better time, when their case is no longer the center of their lives, and, for the most part, they no longer need our help.

There will come a time when you are divorced, and all the issues— of child custody and parenting time; of alimony and child support; of property and asset distribution— are resolved, for the time being.

So now what?

Take a deep breathe. Take stock of your life, your responsibilities, your priorities— and your joy. Check in with yourself and find out who you are as a divorced person, and how it feels. Divorce is a tool to move forward, and you’ve done it— at the very least, that deserves a congratulations and a pat on the back.

But know that we will still be there for you. If you have post-judgment issues like modifying child support or seeking a different custody arrangement, we’re still your legal team. We’ve still got your back. O’Cathian Law Group Family Law Department will be there for you even after your divorce— to help you along the way, and to cheer you on as you move forward into this new chapter in your life, as you Move Forward.

Setting up a free personal injury consult couldn’t be easier. You can call our office directly at (201) 488-1161. You will speak directly with a receptionist and/or a paralegal who will set up a free consultation with a certified personal injury lawyer. Setting up a consultation costs you nothing.

You can email our office at in**@ol***.com. A member of our team will respond to you and will help you set up a free consultation with a certified personal injury lawyer.

Or you can simply fill out the form found on our website. A member of our team will get back to you and help you set up a free consultation with a certified personal injury lawyer.

There are many reasons you may want to set up a free personal injury consultation— perhaps you’ve been injured in a rideshare crash and want to know how to get money to help you recover. Maybe, unfortunately, a loved one has passed away— and you want answers, and you want justice.

There’s where we come in. A free personal injury consultation is step number one on the road towards money recovered, people owning up to what they’ve done, and justice happening.

Si quieres puedes contactarnos en Español. Puede llamar directamente a nuestra oficina al: (201) 488-1161. Puede enviar un correo electrónico a nuestra oficina a in**@ol***.com. O simplemente puede completar el formulario que se encuentra en nuestro sitio web. Configurar una consulta no le cuesta nada.

If you’re in an accident and the other party’s insurance company calls you, you should not speak with them. They’re most likely calling to pressure you into accepting a settlement before you can consult with a personal injury lawyer. Even if they sound like they’re calling to work with you, to put this behind you, they’re not— they’re only calling in their economic self-interest. They don’t care at all about your injury, your difficulties since the accident, your finances, or your well-being.

The other insurance company has no right to call you— even though they often do it anyway. Tell them to talk with your lawyer at the O’Cathain Law Group’s Personal Injury Department – you can even give them our phone number: (201) 488-1161.

You are under no pressure to talk with a representative from the other party’s insurance company— that’s not your responsibility. Your responsibility is to recover from your injury and make sure you family is taken care of. That’s where your own insurance company, and, more importantly, a certified personal injury lawyer can help.

We will deal with the other party’s insurance company, and force them, through negotiations, settlement, or trial, to pay the money that they owe you for this accident. The money you need to Move Forward.

The truth is you need to have a certified personal injury lawyer evaluate your case.

At O’Cathain Law Group, we’re very selective about the cases we take on. We want to help you receive the money that will help you recover, bring you the justice you deserve, and Move Forward— but we only take on cases that we believe we can do that with. We turn down a lot of cases— but we take the good ones, and deliver on their promise.

Despite what you see on television, most personal injury law cases that deserve to be lawsuits settle. While we have a lifetime of trial experience in the courtroom, most cases are settled at the negotiating table, as your lawyer negotiates with the lawyer for the insurance carrier of who’s being sued: the insurance carrier themselves, a company, an individual.

Because of the hyper-focused dedication our lawyers put into their cases, they only choose to move forward with cases they believe are winners. Therefore, the best way to find out if you have a good case is to consult with a lawyer from our Personal Injury Law Department— a free consultation with a certified personal injury lawyer. We only receive payment for our work if we get you money from your injury— it’s that simple.

No one knows, and don’t believe a lawyer who tells you otherwise.

Some cases settle very quickly: insurance companies are looking to move the outstanding lawsuit off their ledger, or the insurance company offers up a sum of money because they know they’re in the wrong— and they know a jury would see that. Some cases don’t settle, and wind up in front of a judge. Some lawsuits take a long time to wind their way through the system, while some lawsuits end up on the court’s so-called ‘rocket docket,’ which means the lawsuit will be tried quickly.

No one really knows at the outset. We know that’s not necessarily what you want to hear, but it’s true.

The timeline of a lawsuit – the free initial consultation with a personal injury lawyer, the filing of a lawsuit, the discovery process, the depositions, the examination of evidence, a specialist coming on board with their own opinions, a settlement, or a trial – differs in each case. Plus, there’s always the possibility that at any point during the process, the case could settle.

The most important thing, of course, isn’t that your case is handled quickly— it’s that it’s handled right. O’Cathain’s Law Group’s Personal Injury Law Department prides itself on taking good cases they can win, and then winning them right for you— the client.

The truth is, we don’t know yet. We haven’t examined your potential lawsuit yet, and so we don’t know what you are injuries might be worth— what you might deserve.

Certain injuries often ring more compensation. If you have a slip-and-fall on ice outside the grocery store, the insurance carrier might settle for a certain amount. If you’re in a car accident while riding in an Uber or a Lyft, that might be worth another amount. If you’re reading this because you’ve lost someone you love, as difficult it is to imagine that money will help, that’s a different amount of money right there. So, the answer is, it depends, and we don’t know yet.

Now— we know that’s not what you want to hear. But we’re not going to lie to you, and we don’t want you to believe a different lawyer who makes up an amount, because they don’t know either.

What we do know is, if we take on your case, we’re going to get you the money you need to Move Forward: to recover from your injuries, to help your family, to deal with your pain. And we’re only going to be paid when you receive money— that’s the way it works. The whole process of bringing a personal injury lawsuit with us costs you nothing upfront.

The short answer is, no. Monies recovered from a personal injury settlement or damages awarded at a trial are not taxable by either the state of New Jersey or the federal government. You pay no taxes on whatever money we recover for you.

Now, if you receive Social Security disability, this may impact money awarded by a court. But that’s something you can discuss with your certified personal injury lawyer.

This is your money, that you’re getting to compensate for a terrible accident or a horrific injury, and neither the state government nor the federal government has any claim to it. (Plus, we think we can agree we all pay too much in taxes already.)

Here’s the I.R.S.’s official laws on the question of taxing money recovered from a personal injury lawsuit:

IRC Section 61 explains that all amounts from any source are included in gross income unless a specific exception exists. For damages, the two most common exceptions are amounts paid for certain discrimination claims and amounts paid on account of physical injury.

IRC Section 104 explains that gross income does not include damages received on account of personal physical injuries and physical injuries.

IRC Section 104(a)(2) permits a taxpayer to exclude from gross income “the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or physical sickness

Reg. Section 1.104-1(c) defines damages received on account of personal physical injuries or physical sickness to mean an amount received (other than workers’ compensation) through prosecution of a legal suit or action, or through a settlement agreement entered into in lieu of prosecution.

(https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments)

O’Cathain Law Group’s Personal Injury Department includes partner Domhnall O’Cathain, who will be the lead lawyer on your case. Domhnall (“Donny”) is certified by the Supreme Court of New Jersey as a personal injury lawyer— which only about 2% of the practicing personal injury lawyers in New Jersey are. He has vast experience in trying, settling, and winning numerous personal injury lawsuits, including those with multi-million-dollar verdicts. Over the years he has helped his injured clients win over tens of millions of dollars. He tries cases in both state court and federal court.

His associate Tyler M. Stewart will also work on your case. Prior to joining the law firm, Tyler was a judicial clerk, which gives him unique insight into how lawsuits are handled in court.

Joining your two lawyers will be their support staff, the personal injury law dedicated paralegals, Nicole and Diana. They will keep you informed and updated about your case, and work with you on getting any information your attorneys may need.

Plus, our office has a 24/7 call answering service— so if you leave word after hours for your lawyer, they get an email letting them know.

Together we are an experienced, dedicated, and passionate team who will guide you through your lawsuit— and fight for you. We will get you the money you need to Move Forward.

The majority of personal injury lawsuits in the state of New Jersey settle— by some estimates, as many as 75% of cases brought are resolved in a settlement. While you may want your day in court or to force the other side to answer to a judge and/or a jury, settlement is usually what happens. Insurance carriers often want to settle, to remove the guesswork out of what a jury might award or to take this outstanding debt off their books. Of course, the real question in settlement is, what will my case settle for? The key aspect here is not accepting a settlement that’s too low for the injury— you need a certain amount of money to recover, to heal, and to Move Forward. A first settlement offer may be rejected, and it may take many long negotiations to get to the settlement that’s deserved.

At the same time as you may be hoping for a settlement offer that’s fair, you and your personal injury lawyer and the team must prepare for trial. From deposing potential witnesses to hiring an expert to give their sworn expert testimony to focusing on the cross-examination of the other party, we will get ready to go to trial and fight for you. Settlement negotiations break down all the time, and often a trial is necessary to force the insurance company to pay what’s fair— what you deserve.

O’Cathain Law Group’s Personal Injury Law Department has a lot of experience at both settlement negotiations and winning trials in the courtroom. We’re here to fight for you at every step of your lawsuit.

The answer is no— a lawsuit is simply a tool the courts have to make the people who wronged you pay. Money is the way society chooses to punish those who’ve done wrong, and reward those who’ve suffered, and a lawsuit is the way we do so.

Plus, you’re being guided by a team that’s won time and time again. Your case will receive a dedicated personal injury law paralegal who will talk you through the process of a lawsuit, keep you up-to-date and informed, and help you with any requests for information your personal injury lawyer may need to prepare your case. You can always reach out to your personal injury lawyer or your personal injury law paralegal at any time— O’Cathain Law Group’s Personal Injury Law Department prides itself on working with their clients, keeping in contact with them, and making sure they understand how and why their lawsuit is progressing as it is.

There’s no need to be nervous at all. You’re taking the right step— you’re bringing the lawsuit to right an injustice that’s been done to you, and to punish those who committed this injustice. Now leave it to your certified personal injury lawyer and their team to help you Move Forward.

Your dedicated personal injury law team will work with you to get the money you deserve. Even after a successful settlement or a favorable verdict, the insurance company will usually do its best to delay payment. However, we will cut through the bureaucratic red tape, so you get the money you’ve been rewarded for your injury.

Our commitment to our clients doesn’t end when your lawsuit does— once you’re our client, we’re always there for you. So, whether you need assistance with forms or have insurance questions after you receive your money, you can still turn to us. Your dedicated personal injury law team will still be available to help you as you use the money to rebuild your life.

And remember— we don’t get paid until you get paid. We don’t see a cent from your lawsuit until you rightfully get rewarded the money you need to recover from your injury, to heal from the injustice you’ve suffered.

There will be a time where you don’t think of your lawsuit. It may be hard to comprehend now, when you’re in so much pain, but you will turn the page on this chapter of your life and start a new post-lawsuit chapter. With the help of the O’Cathain Law Group Personal Injury Department, you will Move Forward.