The expression, "The first step is always the hardest," applies to many challenges we face throughout our lives, including the end of a marriage. Regardless of who wants to end the marriage, or the reasons for why it needs to end, taking the first step towards divorce is never easy.
If you are involved in a contentious divorce, you may be in the process of gathering evidence for a divorce hearing. This evidence may include photos, voicemails, video footage and financial statements. You may also have come across suspicious or incriminating emails, chat logs and computer files
Divorce is defined as the legal dissolution of marriage, resulting in the cancellation or reorganization of each spouse's martial duties. For your children, however, divorce is also the dissolution of life as they know it.
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.
The average person faces numerous legal dilemmas throughout their life, usually about minor things such as traffic tickets and ordinance violations. Divorce, on the other hand, is one of the most serious legal actions you will ever undertake. There are many practical issues to think about
The wide-spread use of social media has made it easier than ever for family, friends and like-minded individuals to connect through a wide range of electronic devices. While the ability to communicate instantaneously with others has many positives, it also makes it easier to get in trouble in your divorce
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.
Individuals who file for divorce quickly'realize that the family courts are vas y different from the municipal courts. Because of the intensely personal nature of divorce, the family courts are governed by many rules that are not applicable in other court systems.
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,
Parental alienation is not a term that's used often, but it goes on in many households throughout New Jersey. In fact, you probably know at least one family in which one parent constantly attempts to make the other parent look bad in the eyes of their children.
In New Jersey, the terms for child custody and visitation are outlined in a parenting plan. Whenever possible, couples should work out a parenting plan on their own, through private methods such as mediation. Certain couples, however, may not be on speaking terms
According to New Jersey law, an engagement ring is a "conditional gift", meaning that it can be revoked if the recipient fails to fulfill the attached condition, which in this case is marriage. This means that you have a legal right to demand the ring back if the engagement falls through.
If you are experiencing domestic abuse at the hands of your spouse, you may be wondering what measures you can take to protect yourself. The question is easy to answer when the person is a stranger, but it's complicated when your abuser is a spouse with whom you share a household.
New Jersey family courts take a gender neutral stance when it comes to a parent's right to their children. This means that decisions pertaining to custody, visitation and child support are not based on whether a parent is male or female. Rather, it is based on objective factors such as the parent's gross income, their level of education and job skills, and their current relationship with the children. There is, however, a prevailing belief that the courts view mothers as better parents, since there is a long¬standing tradition of females being the main caretakers. It is understandable why people would feel this way, considering that women still put great pressure on themselves to be the perfect mother, even if they have busy careers. As a result, many women continue to take on the bulk of the child-rearing duties, even though many of their partners want to be more involved. If you are a father who hasn't been as involved in taking care of your children as your wife, you may be worried about whether you can get a fair shake in court. You may wonder, for example, whether the judge will automatically give primary custody to your spouse. If you and your spouse do not get along, you may be worried about her turning the children against you (in the form of parental alienation), or moving far away without giving notice. However, New Jersey law does contain provisions for these, and many other circumstances related to parental rights. In addition, none of the laws apply only to the mother or father because they are meant to protect the rights of both parents, while doing what is in the best interest of the children. The children's best interest is actually the most critical aspect of a custody and visitation plan. As a general rule, the courts believe that preserving the children's current way of life as much as possible is in their best interest. This means that if your spouse has taken on more or most of the childcare duties, then it may be in the children's best interest to live with her most of the time. This would not affect your legal custody, which pertains to your right to make decisions that affect your children's health and well-being. You also retain the right to have visitation, which typically includes overnight visits during the week. Furthermore, your spouse cannot prevent you from contacting your children via phone, email, etc., unless you are prohibited from doing so by court order. Your spouse is also forbidden from moving out of state with your children without written permission from you, or the court. For a full explanation of your parental rights, please speak with the family law attorneys of Villani & DeLuca, P.C. Our attorneys have the trial experience to fight for your rights in court, whether you're just beginning the divorce process, or feel that gender bias played a part in your divorce judgement.
No one wants to face the prospect of looking for a new attorney when the re embroiled in a complicated divorce. After all, you've invested a lot of time and money with this person, and the idea of starting over with a stranger is frustrating, as well as frightening.
Just about anyone who's gone through a divorce will tell you that it's in your best interest to hire an attorney. Finding the right divorce lawyer, however, seems like a daunting task. It doesn't help that the state's divorce laws are so confusing.
Most people want to wrap up a divorce as soon as possible, but that may not be possible depending on the issues in their marriage. Even if both spouses are generally in agreement, working out the finer points on issues such as custody and property division can take at least several months.
There are few things more frustrating in a divorce than dealing with a spouse who engages in sneaky and manipulative delay tactics. While there are legitimate reasons for delays in a divorce proceeding, some individuals deliberately use underhanded tactics in order to make things more difficult
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
Even if you are friendly with your spouse, chances are that you would like to be divorced as soon as possible. After all, divorces become more expensive the longer they take, especially if you need to go to trial. Fortunately, most couples are able to work out their differences without a trial
We've all heard the stories of greedy individuals who fight tooth and nail to make sure they receive every last penny they're entitled to from their spouse's business. Then, there are the individuals who were happy to walk away with what they suspected was far less
While we typically hear of domestic violence in the context of one party hurting another, a great deal of abusive marriages and partnerships involve abuse from both parties. This dynamic is known as situational violence, or mutual/ equal levels of violence from both sides.