Bari Weinberger

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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; 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

Education

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

Awards

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

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; 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

Publications

Articles & Publications

6 Books Every Divorcing Woman Should Read: Huffington Post; 2017

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: April 6, 2017; 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

Websites & Blogs

Website: Weinberger Divorce & Family Law Group

Blog: Weinberger Divorce & Family Law Group Blog

How Do I Protect My Child From Parental Alienation?
20 October 2017
Home Alone? When Does Leaving You Kids Become Neglect?
19 October 2017
Common Personalities In High-Conflict Divorce (And How To Handle Them)
18 October 2017
Are Men Entitled To Alimony?
18 October 2017
Recognizing Financial Abuse: 8 Clues That Your Loved One Is Being Controlled
16 October 2017
Helping South Asian Victims of Domestic Violence Get They Need
9 October 2017
What’s the Difference Between a Temporary and a Final Restraining Order?
5 October 2017
27 Top Tips For Staying Happily Married
4 October 2017
Separated? How To Protect Parenting Time With Your Kids
4 October 2017

Videos

Bari Weinberger Interview: Domestic Violence and How to Protect Yourself

ew Jersey's Leading Family Law Group. Contact the New Jersey family law and divorce attorneys at Weinberger Law Group Call (888) 888-0919 to schedule a free consultation today.

When it Makes Sense to Modify Alimony Payments

When it Makes Sense to Modify Alimony Payments (July 10, 2012)

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?: 16 October 2017; 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.: 16 October 2017; 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?: 12 October 2017; 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?: 12 October 2017; 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?: 10 October 2017; 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 ...: 9 October 2017; 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: 4 October 2017; 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?: 2 October 2017; 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?: 2 October 2017; 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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Contact & Map

Morris County Office

119 Cherry Hill Road

Suite 120

Parsippany, NJ 07054
USA

Toll-Free: (877) 850-9167

Telephone: (973) 845-8812

Bergen County Office

21 Main Street

Suite 354

Hackensack, NJ 07601
USA

Toll-Free: (877) 850-9167

Telephone: (201) 642-2000

Burlington County Office

309 Fellowship Rd

Suite 200

Mount Laurel, NJ 08054
USA

Toll-Free: (877) 850-9167

Telephone: (856) 441-2000

Monmouth County Office

83 South Street

Suite 201

Freehold, NJ 07728
USA

Toll-Free: (877) 850-9167

Telephone: (732) 252-0000

Somerset County Office

135 US Highway 202/206

Suite 8

Bedminster, NJ 07921
USA

Toll-Free: (877) 850-9167

Telephone: (908) 333-4000

Union County Office

20 Commerce Drive, Suite 135

Cranford, NJ 07016
USA

Toll-Free: (877) 850-9167

Telephone: (908) 845-5000

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