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.
Marital property refers to any property acquired by either spouse during the course of a marriage. Along with obvious items such as houses, cars, and bank accounts, marital property also includes marital debt
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
When it comes to alimony, the most important question is "How much and for how long?" Unfortunately, there's no definitive answer to this question, because unlike child support, New Jersey has no specific guidelines for calculating alimony.
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.
In this age of Twitter speak and keyboard warriors, speaking ill of others is often celebrated, rather than frowned upon. Social media comments, for example, are posted and reposted until they go viral.
Dating before the finalization of a divorce is probably a bad idea in theory. In practice, however, many divorces take months, sometimes even years to resolve. In addition, many couples have been disconnected from each other physically and emotionally by the time they file for divorce.
In a perfect world, all divorced families would coexist in a separate but equal arrangement known as joint custody. However, a joint custody plan is highly impractical for many families, based on the demands placed on each parent by his or her job, personal obligations, financial constraints etc.,
Unlike criminal defendants, family court litigants are not guaranteed the right to counsel, which means that they have the choice of hiring an attorney, or representing themselves. The act of representing yourself in a court proceeding is known as “pro se”
Under New Jersey laws, domestic violence is defined as abuse against a current or former intimate partner, or members of the same household who are at least 18 years old. Abuse against anyone under 18 is defined as child abuse
You're almost at the finish line. After months, maybe even years or struggling with an uncooperative spouse, you are finally granted a default hearing.
Fraudulent transfers of money and properties usually happens right before or during a divorce, when greedy or vindictive individuals attempt to cheat their spouses out of their fair share of the marital assets. However, fraudulent conveyance can happen after the divorce judgment.
There are some legal proposals that never go away, although they may be forgotten for years at a time. One issue that comes up now and again is the idea of a domestic violence registry, similar to the sex offenders registry that came about as a result of Megan's Law.
Cell phones have come a long way since the Motorola DynaTac of the 1980s, a 14 inch, brick-like device weighing almost 2.5 pounds. These days, it's virtually impossible to imagine life without the functionalities of a smartphone. Therefore, it makes sense that evidence to support one's case can be there.
New Jersey's court rules provide a set of reasons under which a final judgment of divorce may be vacated, including the all-too subjective reason (f): “Any other reason justifying relief from the operation of the Judgment or Order.” The wording seems to invite all kinds of arguments.
In New Jersey, divorces are filed as either "fault" or "no-fault", based on the circumstances within the marriage. Fault divorces must be based on one of the following grounds: adultery, extreme cruelty, or desertion. If none of these circumstances apply, spouses can file a no-fault divorce.
Mediation is a non-litigation divorce method for spouses who wish to avoid the cost and stress of going to court. In some cases, couples are ordered to attend mediation by the courts before requesting a court date. Couples can also attempt mediation voluntarily upon filing the divorce complaint b...
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 include adultery, desertion and extreme cruelty.
In New Jersey, divorcing couples who cannot come to an agreement may need to present their case at a formal hearing. However, the courts present couples with numerous methods to settle their differences before going to trial. These methods include the Matrimonial Early Settlement Panel (MESP)
While nobody truly wins in a divorce, cases that go to trial must be ruled in favor of one party over another. It's hard to know how a judge will rule in any particular case, but it's fair to say that there are less "absolutes" in a divorce litigation compared to a criminal trial.