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Richard Diamond

Richard Diamond

Certified Divorce & Family Law Trial Lawyer by the NJ Supreme Court
  • Divorce, Family Law, Domestic Violence ...
  • Florida, New Jersey
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Biography

Richard Diamond has been practicing Family Law Litigation, Mediation & Arbitration work in New Jersey for the past 37 years and is a Certified Family Law Trial Attorney by the N.J. Supreme Court; Accredited New Jersey Family Law Mediator, authorized by the NJ Supreme Court to handle family law mediation matters with an active domestic violence restraining order in place and a Family Law Arbitrator.
Mr Diamond is also a Family Law Economic Mediator in Union, Essex, Morris, Somerset, Middlesex and Monmouth Counties.
Mr Diamond is also a member of the Essex, Union and Somerset County's Family Law Early Settlement Panel Program (ESP); a member of Who's Who in American Law; listed in Best Lawyers in America and a recipient of the Albert Nelson Marquis Lifetime Achievement Award for Family Law accomplishments.
Diamond & Diamond limits is practice to divorce, post divorce matters, child custody disputes, domestic violence representation, child support & alimony claims, business valuations in divorce, and prenuptial agreement drafting & review.
The firm also actively represents litigants in the NJ Family Court system in Somerset, Morris, Union, Essex, Middlesex, Passaic, Bergen, Monmouth, & Ocean Counties and regularly appears before the family part judges in each of those counties.

Practice Areas
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Domestic Violence
Domestic Violence Restraining Orders, Victims Rights , Victims Rights
Arbitration & Mediation
Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
Appeals & Appellate
Civil Appeals, Federal Appeals
Additional Practice Area
  • Certified Attorneys
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    FIRM'S WEB SITE: WWW.DIAMONDANDDIAMOND.COM FIRM'S E MAIL ADDRESS: NJDIVORCELAWYER@AOL.COM FIRM'S FACEBOOK PAGE www.facebook.com/NJDivorceLaw
Jurisdictions Admitted to Practice
Florida
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New Jersey
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Languages
  • English: Spoken, Written
Professional Experience
SENIOR PARTNER
DIAMOND & DIAMOND P.A.
- Current
Education
Seton Hall University School of Law
J.D. (1985) | Law
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Seton Hall University School of Law Logo
Rutgers University - Newark
B.A. (1981) | Economics / Business Administration
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Honors: Dual Degree
Rutgers University - Newark Logo
Awards
2019 Award for New Jersey Family Law Attorneys
Lawyers of Distinction
Lifetime Charter Member
Rue Ratings Best Attorneys of America
10 Best Family Law Firms in New Jersey
American Institute of Family Law Attorneys
N.J. Best Lawyers for Families
New Jersey Family Magazine
Certified Matrimonial Trial Lawyer by the NJ Supreme Court
NJ State Bar Association
Member of Who's Who in American Law 2000 - present
Who's Who in American Law
Professional Associations
New Jersey State Bar - Family Law Section
Member
Current
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Essex County Family Law Early Settlement Panelist
Member
Current
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Somerset County Family Law Early Settlement Panelist
member
Current
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Union County Family Law Early Settlement Panelist
member
Current
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Speaking Engagements
Handling Divorce Cases from Start to Finish, Continuing legal Education Seminar, NJ
National Business Institute
On an annual basis, Mr Diamond has participated in legal seminars as an author and lecturer on various family law topics involving Domestic Violence matters, Child Custody proceedings, Divorce, & Valuation of Businesses in Divorce matters
Certifications
Accredited Family Law Economic Mediator with Domestic Violence Restraining Orders in Place
New Jersey State Bar
CERTIFIED FAMILY LAW TRIAL ATTORNEY
New Jersey Supreme Court
Accredited Family Law Mediator
New Jersey Superior Court System
Websites & Blogs
Website
Website
Website
Firm's Facebook Page
Blog
Instagram page
Legal Answers
537 Questions Answered
Q. Can I get a restraining order against my son's father and grandmother after they harmed my son?
A: You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.

Given what occurred, you "may" also be able to go back to the family court and ask the court to expand your dv order of protection to include your child - if DCPP and the prosecutor's office acknowledge that there was physical abuse / criminal conduct by your ex or his mother.

I would pursue the DCPP and criminal routes first and once you have documentation from both as to the violence inflicted on your child, then you may be able to pursue the amendment to your existing dv final order of protection. ... Read More
Q. What kind of attorney do I need as a victim of domestic violence in NJ seeking to press charges and pursue financial compensation?
A: Since the other side has filed a domestic violence complaint against you as well the one you filed against him / her, your best option is finding an experienced family law attorney who has TRIAL EXPERIENCE representing people in domestic violence trials and who knows how to put together a trial binder for direct and cross-examination purposes. Believe it or not, most lawyers (family law or otherwise) do not have much, if any, trial experience and presume that the dv matter will be settled with a consent order / agreement for civil restraints. But what happens if your matter cannot be settled or you dont want to settle it?

When you interview lawyers, look for lawyers who are "Certified Matrimonial Trial Lawyers by the NJ Supreme Court" - it is the only certification for family law attorneys in NJ where the lawyer has to have a specific level of trial experience in family law matters to apply for state certification.

But regardless of whether you select a certified attorney or not, in the interview process, you need to ask the lawyer how many domestic violence trials, he / she has handled to completion in the past 1year and 3 years to understand whether he / she has the skillset you need to advance your claims and to protect you from having an DV final restraining order entered against you.

If you are successful in having a final restraining order entered in your favor, you then have the right to seek specific forms of compensation under the statute plus you then also have the right to seek reimbursement of expenses from the state for victims of domestic violence.

If you believe the matter will proceed to trial, do not attempt to handle the matter on your own. Simply putting together a trial binder of pre-marked exhibits and knowing what information is needed for trial is complicated and requires a lawyer with a specific level of expertise.
... Read More
Q. Who gets the proceeds from the sale of the house in a divorce when initial purchase was from one spouse’s funds?
A: The easy answer is that you should meet with a divorce lawyer for a consultation to discuss all of the issues outstanding in your matter BUT, without knowing anything more, candidly, you will lose this argument before a judge and the proceeds will be divided equally.

Here are several reasons why:

1. You and your spouse lived together before marriage and an argument can and will be made that you and she lived in a relationship akin to a marriage during that period of time even though you may have maintained separate bank accounts - so it wasnt simply your money that paid for the down payment - concept is called "tacking onto the marital term:.

2. The home, while initially acquired in your name alone, was acquired " in contemplation of marriage" and taken in your name alone because your credit was better than hers, etc.

3. Title to the house was transferred into joint name - meaning that you intended to make a gift of a potential immune asset into a joint asset, subjecting it to equitable distribution.

4. The monthly payments for the mortgage came from your employment / her employment, meaning the pay down ( if any) of the debt was with marital funds

5. The jointly held asset was sold and a replacement home was then purchased using the joint marital funds from the sale of the prior joint asset and a new mortgage was obtained in joint name as well.

6. This jointly held asset is now being sold as part of the divorce and its going to be divided equally.

The fact that you financially contributed more money to the expenses each month is irrelevant. If that was a deciding factor, then every primary breadwinner would automatically get the lion's share of the division of marital assets, and they dont because of the disparity in their financial contributions.

On this issue, you lose. Stop fighting for the wrong reason and move on to the next issue outstanding. Sorry for not being more polite in how I responded to your question but this was a simple straight forward issue. I'm a court appointed economic mediator in several counties and if I was appointed by the judge hearing your matter, I would be equally blunt and direct with you on this issue.
... Read More
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Contact & Map
Diamond & Diamond P.A.
830 Morris Turnpike
Suite 207
Short Hills, NJ 07078
US
Telephone: (973) 379-9292
Fax: (973) 379-9210
Monday: 8:30 AM - 8 PM
Tuesday: 8:30 AM - 8 PM (Today)
Wednesday: 8:30 AM - 8 PM
Thursday: 8:30 AM - 8 PM
Friday: 8:30 AM - 5:30 PM
Saturday: 10 AM - 4 PM
Sunday: Closed
Notice: Free Initial Divorce Divorce Consultation. Experienced trial attorneys for domestic violence matters needing to go to trial.