New Jersey Family Law And Divorce Blog
What Legal Rights Does a Stepparent Have?
If you marry someone with children, you have effectively become a stepparent. Being a stepmother or stepfather is not an easy role. You are raising a child who is not biologically your own. This can result in a lot of negative emotions at first. However, many stepparents develop lasting bonds...
Continue ReadingFather's Rights in a Divorce and Custody Case
When it comes to divorce and child custody cases, many men feel like they get shafted. Many do not even try to fight for custody because they already assume the mother will prevail. These negative thoughts set up men for failure when it comes time for divorce. While women were...
Continue ReadingWhat Can Be Used Against You in a Custody Battle?
Child custody is often a heated battle in a divorce. Both parents want to be with their children, and this can anger one of the parents. They may try to figure out what can be used against you in a custody battle. Indeed, in child custody cases, your life may...
Continue ReadingWhat is an Annulment?
When a person wants to end their marriage, they typically choose a divorce. However, in some cases, a couple may opt for annulment. An annulment is a court ruling that a marriage was never valid. It declares a marriage null and void, as if it never legally happened. Unlike a...
Continue ReadingCan I Protect a Trust Fund in a Divorce?
A divorce can make you worried about your assets. If you or your family has a trust fund in place, you may wonder how it will be affected. For example, will you have to split the assets with your spouse? Is there any way to protect what’s rightfully yours? Family...
Continue ReadingCan My Wife Keep My Child Away From Me?
When it comes to child custody issues, men often get the short end of the stick. It is often assumed that women are the better parents, but this is not always the case. In a divorce, the courts try to ensure that children have a strong relationship with both parents....
Continue ReadingWhat Happens if Someone Breaks a Custody Agreement?
When parents divorce, the judge puts a custody agreement in place to ensure both parents get a fair amount of time with their children. The agreement details the custody schedule, pickup and dropoff times, and any restrictions or stipulations. It is expected that both parents will follow the custody agreement...
Continue ReadingWhat is a High-Conflict Divorce?
While some divorces can be amicable, most have some degree of drama. That is just par for the course when you are ending a relationship and splitting all your assets. However, some cases have much more conflict than others. The parties may not be able to agree on anything at...
Continue ReadingDoes the Number of Children Affect Child Support Payments
If you are divorcing in New Jersey and have children, you should understand how child support works. Not everyone pays the same amount. Child support is based on several factors, including the income of both parents, the custody arrangement, state laws and formulas, and the child’s needs. In addition, the...
Continue ReadingWhat is Sole Custody?
In a divorce or separation where children are involved, there will need to be decisions made on child custody. Who does the child live with? Who makes major decisions for the child? In most cases, the judge will order joint custody. This means the parents share physical and legal custody....
Continue ReadingWhat if I Was Ordered to Pay Too Much Alimony?
A divorce can be devastating in many ways. You could lose half of your money and assets. You may have to pay a lot of money in child support. You may have to sell the marital home and look for a new place to live. Another thing you need to...
Continue ReadingWhat if I Cannot Afford to Pay Child Support?
In a divorce involving minor children, the court will typically order the noncustodial parent to pay child support to the custodial parent. This is because the law states that all parents should provide financially for their children. However, despite court orders, child support is not often paid on time. In...
Continue ReadingWhat are Complications With Residency in a Military Divorce?
Divorce is complicated enough. If one or both spouses are in the military, that can complicate matters even further. That is because servicemembers are often based somehow temporarily as they fight a war. There are also terms such as “state of legal residence” and “home of record” that come into...
Continue ReadingWhat are Fault Grounds in Divorce?
When a couple decides to end their marriage, they can choose from either a fault or no-fault divorce. Most people choose a no-fault divorce because it is easier. A fault divorce is often harder and more expensive. With a no-fault divorce, there is no need to blame the other spouse,...
Continue ReadingCan You Appeal a Custody Decision in NJ?
Family law issues such as child custody can be contentious. One issue that parents often argue over in a divorce is child custody. The courts decide child custody with the best interests of the child in mind. While rare, judges do abuse their power and make mistakes in their decisions....
Continue ReadingThe Importance of Legal Counsel in Divorce: Why You Need a Skilled Advocate
Marriages do not always last forever. Many people want a divorce so badly but fail to do so for one main reason: lack of money. The average divorce can cost $15,000 or more. This money is primarily spent on lawyer fees. To cut costs, some people opt for a DIY...
Continue ReadingWhat Should You Do if You Do Not Want to Be Divorced?
Marriage is hard. You may be trying your hardest to keep your relationship intact, but your spouse just is not into it anymore. They may have given up and decided to file for divorce. You are devastated. You do not want a divorce. You want to stay together. What can...
Continue ReadingAre You Entitled to Child Support in a Domestic Partnership in NJ?
In New Jersey, child support is a legal obligation for both parents, regardless of their marital status. Whether you were married, in a domestic partnership, or even had a brief relationship, the responsibility to financially support your child remains the same. When a couple is not married but shares a...
Continue ReadingNavigating Child Custody Disputes: Best Practices for Resolving Parenting Arrangements Amicably
In a divorce, one of the most contentious issues is child custody. Typically, both parents want full custody or as much custody as possible. This can result in a lot of tension, sometimes even causing one or both parents to seek revenge on the other parent. They may badmouth the...
Continue ReadingGrandparents’ Rights in NJ Custody Cases
As a grandparent, you may have a deep bond with your grandchild and wonder if the law supports your right to maintain that connection. In New Jersey, the law does provide avenues for grandparents to seek visitation rights, but there are specific legal requirements and considerations to keep in mind....
Continue ReadingSteps to Take Immediately After Your Spouse Has Filed for Divorce
Being served with divorce papers is one of the most emotional events a person may face. Ending a marriage is difficult, no matter the circumstances. If you were not expecting to be served papers, you may be feeling overwhelmed. How could this have happened? What do I do now? Once...
Continue ReadingUnderstanding Divorce Mediation: How Alternative Dispute Resolution Can Benefit Your Case
You may have seen divorces on TV where the couples duke it out in court. While TV often portrays divorces as dramatic courtroom battles, many couples opt for mediation, a less adversarial and more cooperative approach. Some cases do go to court, but it’s not common. Many couples use alternative...
Continue ReadingWhat is the Difference Between Contested and Uncontested Divorces?
In an ideal world, a couple who is struggling with their marriage would end their relationship amicably. They would agree on all the key issues and get the divorce finalized quickly and easily. But if you have ever been through a divorce or know someone who has, you know that’s...
Continue ReadingPost-Divorce Modifications: When and How to Seek Changes to Court Orders
Your final judgment of divorce covers a variety of issues, including child custody, child support, and alimony. Months or years later, you may need to modify the terms and provisions within your final judgment of divorce or settlement. Maybe you lost your job or became disabled. Perhaps you remarried or...
Continue ReadingWhat are marital assets?
When a marriage comes to an end, the division of property can take center stage – but you can’t really talk about what there is to divide or how to do it until you fully understand what is (and isn’t) a marital asset. The longer you’ve been married, the harder...
Continue ReadingHow long does alimony last?
Alimony is a type of financial support that is sometimes ordered by the court during a divorce and sometimes agreed upon by spouses who are negotiating a property division settlement. For example, perhaps one spouse is a CEO who makes millions of dollars a year. The other spouse is a...
Continue ReadingBeware of spending on joint credit cards during divorce
When spouses have joint credit card accounts and bank accounts, what they purchase is not private. Their spouse can check the statements and see exactly what they purchased, when they did so, where they were and how much they spent. This information is recorded with each credit or debit card...
Continue ReadingCan I protect my inheritance in divorce?
Money troubles are at the heart of a lot of divorces, but sometimes it’s not the absence of money that causes conflict. A large influx of wealth can also be the source of disputes, especially if a couple has vastly different financial habits and goals. Put a “saver” and a...
Continue ReadingWhy hiding assets during divorce is not a good idea
Those who are preparing for divorce in New Jersey often worry about their finances after filing. People know they will need to share property and that their living situation and financial accounts may abruptly change. One common tactic to better ensure financial solvency after an initial separation involves starting a...
Continue ReadingHow social media posting can hurt your divorce
Once a divorce gets started, most people just want to get through the process as quickly, easily and peacefully as possible. If you feel like any of those goals resonate with you, then do yourself a favor: Stay off social media. If you’re unwilling to avoid social media entirely (and...
Continue ReadingConsidering Divorce? Be careful what you text on a shared plan
Nowadays, mobile phones are an important resource in re: how people connect with their communities. Devices let someone text their family members or make a call to a client or employer. When someone goes through a difficult time, they will likely rely on their phone to help them tap into...
Continue ReadingHow are retirement accounts affected in divorce?
One of the first questions people have when they start thinking about divorce is how the end of their marriage will affect their finances. Most people have heard horror stories about people losing so much property that their standard of living drastically shifts, and such tales might deter people in...
Continue Reading3 of the most common co-parenting disputes and how to avoid them
Co-parenting with your ex will be a challenge for both of you. Even those who desperately want to put their children first often let their emotions get the better of them when co-parenting. Chances are good that you and the other parent of your children will eventually have arguments about...
Continue ReadingTop 3 ways house is divided during the split
Fair doesn’t always mean equal. When a divorce happens in New Jersey, the equitable distribution rules mean that a couple’s assets and debts are supposed to be divided in a way that’s fair, which may or may not mean 50/50. Couples can usually decide how to divide a lot of...
Continue ReadingWho gets custody in New Jersey?
Your children are probably the most important people in your life. Becoming a parent changes you, and your children will influence every decision you make. In fact, your children could very well be why you haven’t yet decided to file for divorce. Many New Jersey residents have heard horror stories...
Continue ReadingHow do divorcing business owners split the family business?
Family businesses are incredibly common, but they can come with some interesting complexities. For example, maybe two people decided to get married, and then they later started a business together. Now they’ve decided that they’re going to get divorced. If they weren’t joint business owners, this would just be a...
Continue ReadingWhen can child support be modified in New Jersey?
Children can be caught in the middle of a New Jersey family law case. Often, this happens while it is in progress as part of a divorce and there is a dispute over child custody, parenting time and child support. However, even after the divorce is finalized, there can still...
Continue ReadingWhat is considered marital property in New Jersey?
When a couple decides to end their marriage, they have a lot of decisions that have to be made – not the least of which is how to divide their marital property. Every state has its own rules for how this process is supposed to work. In New Jersey, marital...
Continue ReadingHow long does child support last in New Jersey?
Providing support to a child is an important parental responsibility after divorce or the end of a relationship. New Jersey law sets forth the length that this support must continue and when it can end. Emancipation In general, child support ends in New Jersey when the child becomes emancipated, or...
Continue ReadingHow alimony works in New Jersey
Alimony, sometimes referred to as spousal maintenance or spousal support, is an important form of financial protection during and after divorce. Alimony allows someone who has been dependent on their spouse to begin living independently again at the end of the marriage. It is common for one spouse to sacrifice...
Continue Reading2 ways that same-sex marriage creates unique divorce concerns
Same-sex couples in New Jersey have the right to get married, and that means that they may eventually also need to file for divorce. Unfortunately, given that same-sex marriages are relatively new, same-sex divorces can be a bit more challenging to complete than standard heterosexual divorces. Although many areas of...
Continue ReadingHow is child custody determined in New Jersey?
If you have concerns about your child custody arrangement, it is a good idea to familiarize yourself with how child custody is determined. Child custody determinations are based on a set of factors with the intended goal of creating a child custody arrangement that is best for the child. Child...
Continue ReadingChild custody comes in different categories
Child custody has several different components to it that it helps divorcing parents to understand. Once they know the different types of child custody and child custody arrangements, they can better navigate negotiating their own child custody agreement. What are the different types of child custody in New Jersey? There...
Continue ReadingWhat is — and isn’t — marital property in a divorce
Except for the emotional trauma, figuring out how to divide the money and other assets is often the most challenging part of getting divorced. You and your spouse might each feel that you contributed more to the marriage, and the two of you likely have very different ideas about what...
Continue ReadingHow does asset division work in New Jersey divorce?
Although it can be an emotional process, divorce is also a major financial transaction. If handled improperly, you could be left without the financial stability that you need and deserve post-marriage dissolution. If you want to avoid that outcome, then you should educate yourself on the law so that you...
Continue ReadingHow much alimony will I have to pay?
Property division is a key concern for many divorcing couples. While this includes bank and retirement accounts, real estate, and pieces of personal property, it can also include alimony. But if you’re confronting an alimony fight, then you probably have two questions on your mind: how long is alimony going...
Continue ReadingHow will I pay for my divorce?
There are many issues to address in divorce from child support and child custody to division of assets and alimony. But divorce also comes with expenses such as legal fees. Depending on the circumstances, courts may order your estranged spouse to pay for your legal fees. Courts may order spouse...
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