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...
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 ...
The concept of “paternity” is defined as the state of being someone's father in a biological or legal sense. A child's paternity is typically noted on the birth certificate, but it can also be listed on a final decree of adoption issued by the county's Surrogate Court. Such documents establish ...
Children are normally dependent on their parents or guardians to make decisions on their behalf. There are, however, many unfortunate cases in which children are the victims of abuse and/or neglect. Other cases involve children who are caught in the middle of a custody dispute, and feel that th...
No one wants to get involved in a prolonged, messy divorce, but there are situations where fighting for your rights requires going to trial. For example, cases involving sensitive situations such as domestic violence or drug abuse often involve spouses who are not on speaking terms. There are als...
Divorce cases shouldn't be about winning or losing, but if you're headed for court, you know that the judge can only rule in favor of one party. Whether you are the complainant or the respondent, you're probably wondering what your chances are in court. This question is hard to answer, since divo...
Divorces in New Jersey are filed as “fault” or “no-fault”, depending on the circumstances. Fault-based divorces are based on grounds of misconduct, which can include adultery, desertion and extreme cruelty. Adultery, in particular, is taken very seriously, which is evident in the fact that it's ...
If you have decided that it's best to end your marriage, you may be wondering how long you should wait before filing for divorce. Depending on your situation, there may be a mandatory waiting period before you can file a complaint. For example, a “no fault” divorce can only be filed after you and...
The decision to divorce is followed by many life changes, which can be extremely difficult for children to accept. The biggest struggle for most kids is the idea of splitting their time between two parents and two households. This struggle is intensified when children are consciously or subconsci...
In New Jersey, calculations for child support are based on numerous factors, including the number of children, percentage of parenting time, and each parent's gross taxable income. These factors are plugged into a formula set by New Jersey Courts Rule 5:6A, which is explained in detail at http://...
Although a final judgment should be the last step in a divorce, former spouses may continue to clash if one party refuses to comply with the order. In many cases, former spouses are resentful of having to pay high amounts of alimony or child support, or not having primary custody of the children....