While most couples wish to avoid the stress and cost associated with divorce litigation, out-of-court alternatives such as collaborative divorce may not be an option depending on their circumstances. However, the family courts do encourage couples to resolve their divorce through less contentiou...
New Jersey's Equitable Distribution of Marital Assets In New Jersey, how marital property is divided when a marriage comes to an end through a divorce is governed by the equitable distribution of marital assets. Equitable distribution of property in New Jersey includes both personal property ...
Using a Mediator in Your Divorce In Ocean County Under the New Jersey Rule of Professional Conduct (RPC 1.7), a lawyer cannot represent “adverse parties” in the same proceeding. In divorce cases, the spouses are adverse parties, so they cannot share a single attorney. With divorce mediation, t...
Most custody agreements in New Jersey designate one parent as the “custodial” parent, which means that the child will live with that parent majority of the time. Except in extreme circumstances, the non-custodial parent still has legal custody, which pertains to the right to make important decis...
Mediation is a cost-effective alternative to traditional divorce litigation. Unlike a traditional divorce in which each party meets with his or her own attorney, in mediation, the parties to the divorce meet with a neutral third party, who helps them to reach an agreement on such issues as spou...
A child has a significant role in determining his or her custody arrangement after his or her parents divorce. All custody arrangements are designed with the child's health, safety, and well-being in mind. The child's age is the main factor used to determine how directly he or she may decide whi...
In order for your attorney to advocate successfully, he or she needs all the facts relevant to your case. When a marriage ends, there are many things at stake –the parties' assets, the custody of their children, child support, and alimony. Your lawyer needs an accurate picture of how things wer...
The divorce process can be costly, even when spouses maintain amicable relations and choose to file a no-fault divorce. In addition to court and attorney's fees, you may need to hire experts such as a forensic accountant to valuate a business or retirement accounts. These concerns are especiall...
In New Jersey, the courts do not need to find fault with either spouse in order to grant a divorce. A spouse can simply file a no-fault divorce, in which he or she attests that the marriage can no longer continue due to irreconcilable differences. These divorces can be uncontested or negotiated...
When you hear the words “equitable distribution” you probably think about the division of your marital assets, such as your home, the cars, and the antique vase that has been in your family for four generations. In reality, equitable distribution is as much about the debts you acquired during yo...
In Brick New Jersey, child support amounts are calculated under the “Income Shares Model”, which factors in the net income of both parents. The total support amount is divided proportionately between each parent, meaning that the parent with the higher income is responsible for a larger portion ...
Business valuation is a touchy subject for many divorcing New Jersey couples. When a couple owns a business, both partners usually contribute to it in separate but equally important ways. Putting a monetary value on each partners' contribution to a jointly-run business can be difficult, but it is...
A final restraining order (FRO) or domestic violence restraining order (DVRO) in Jackson, New Jersey can be devastating to the defendant. The restrictions imposed on the defendant can be even stricter than were originally ordered in the temporary restraining order (TRO). How Does Someone Get A F...
If you were divorced in the State of New Jersey, the obligation to pay child support arose either by a decision of the Family Court if your case was not settled, or, more likely, by way of an agreement between you and your former spouse. This agreement, generally called a property settlement agre...
Under New Jersey law, marital abandonment is defined as a spouse's willful desertion for a period of at least 12 months. To prove a case for abandonment, it must be shown that your spouse has been living at a separate residence for at least one year without your consent. In addition, you were n...
The family courts of New Jersey calculate child support amounts by using the “Income Shares Model”, which divides the total amount of a child's necessary expenses between the parents in proportion to their incomes. These amounts are adjusted based on the amount of time each parent spends with th...
In 1999, New Jersey established a mandatory education program to help parents understand the key issues in a divorce, and to promote cooperation between parents in an effort to provide a positive environment for the children. Under N.J.S.A. 2A:34-12.5, any person who files for divorce, nullity o...
Alimony, also known as spousal support, is one of the most contentious issues in a divorce. The purpose of alimony is to help a former spouse maintain the level of life he or she was living during the marriage. However, alimony is generally not awarded for short marriages, and it can be reduced...
Restraining Orders stemming from domestic violence crimes are a very serious matter in Monmouth County New Jersey and nationwide. They should not be taken lightly under any circumstances and if you are facing one, you should exercise extreme caution. Domestic violence is a problem in this country...
Depending on the issues that need to be resolved in your divorce, you may need to rely on the services of an expert to protect your rights and assets. Disputes frequently occur between spouses over issues such as alimony, child custody, parenting time and distribution of marital property. The m...
New Jersey courts recognize two main types of custody arrangements between former spouses— joint and sole custody. Joint custody generally refers to a parenting plan in which both parents have equal time with the child, and participate equally in making decisions pertaining to the child's welfare...
When parties file for divorce, division of assets is often a primary concern. One party may be hoping to remain in the marital home to raise the children, while the other may be anxious to sell the home to pay down debts or finance the divorce. Many people fail to realize that retirement plans ...
In New Jersey, divorcing spouses can privately negotiate child support payment with help from lawyers and/or divorce mediators. If they cannot come to an agreement, the court will determine the amount by using state guidelines, in conjunction with numerous factors specific to each couple's marri...
Child support amounts are based on the New Jersey Child Support Guidelines, which dictate that children are entitled to financial support from both parents. Furthermore, the amount of support is largely dependent on the income of both parents, which include many sub-categories such as wages, bonu...
While any divorce can be costly and time-consuming, marriages involving high incomes or valuable properties can be incredibly difficult to resolve. Part of the problem is that couples tend to fight even more than usual when there's so much at stake, especially if one spouse has earned of accrued ...