Blog Posts in December, 2017

Detailed or Freedom - What Provisions Must Be Specific in your Parenting Order and Why

Coming to an agreement on important issues in your divorce can be a huge advantage. The process will be shortened and probably less expensive. Moreover, you and your spouse can keep some degree over control over a chaotic and turbulent process. Creating a personalized and tailor-made parenting plan is often the central focus for parents during the divorce process, as the children are obviously the ...

What Tax Implications Have You Overlooked in Your Divorce?

We have all heard the old adage that only two things are certain: Death and taxes. Unfortunately, divorce does nothing to change either of these certainties. In fact, when divorcing, it is very important that you pay attention to your financial future, including the tax implications of your decisions. In the chaos and uncertainty of divorce, it can sometimes be simple to overlook those long-term ...

Adult Adoption

Expanding a family through an adoption is always a joyous occasion. Most people think of adoption as relating only to children, especially very young infants. However, adoption possibilities do not stop when the person to be adopted reaches the age of eighteen. Adult adoption is a possibility in New Jersey. New Jersey 2A:22-1 provides that any unmarried person over the age of eighteen may be ...

Divorcing or Separating While Pregnant

Deciding to file for divorce or making the decision to separate from your spouse or partner is one of the most difficult decisions to make. There is never a question that this will be a pivotal decision in your life and in the life of your children. It is well known that a divorce or separation will result in a parenting schedule or parenting plan for the parties’ children that are already born at ...

Retirement, Social Security, and Medicare

Nothing will shake up a person’s life financially in the same way that a divorce will. Parties have worked for many years to construct a stable financial future for their retirement, and divorce often means dividing all of those resources in half. It could also mean that one party will be paying spousal support on a short or long-term basis. When those spousal support payments coincide with ...

Long Distance Parenting Solutions

Creating a parenting schedule after a divorce or separation can be challenging. Every parent has a set idea of what would be best for their children, and since very family and child is unique, these ideas can vary wildly. Hopefully parents will be able to work together amicably in order to craft a specific parenting schedule that is right for their family and their child. When parents live in the ...

Arbitration and Shah v. Shah

There are many options open to a couple who has decided to divorce. It is becoming more and more common now that the couple will ultimately settle some or all of the issues involved in their divorce through mediation or arbitration. Arbitration is a process through with the parties agree on a neutral third-party who will hear evidence from both sides and then make a determination. This decision is ...

Life After Divorce - Tips for Transition

Making the decision to divorce is an enormous one. Your life will change in a fundamental way, as will that of your children and your soon-to-be former spouse. Even in the case of a brief marriage, the parties will have almost always become accustomed to each other and will have to adjust in almost every way to being single. Although the transition to being single can be difficult, there are ways ...

Grandparent Visitation

Few occasions bring as much joy to a family as the birth of a child. Grandchildren are a wonderful addition to the life of grandparents, and grandparents can provide essential support and love to children. In today’s society, it is very common for grandparents to offer frequent or even daily care and support to parents. Grandparents can even take on a parental role in some situations. New Jersey ...

Fraudulent Transfers and Property Distribution

The division of property is an issue that is central in any divorce case. Spouses often work for years to help build and contribute to the marital estate. When a marriage ends, the court has to divide up all of the assets and debts. In New Jersey, the court will make a decision on how to divide marital assets and marital debts, and will make an equitable division of the marital estate. Equitable ...

School Meetings and IEPs After Divorce

Education is an essential cornerstone for helping a child build a successful future. Keeping open lines of communication with your child’s teacher and education team is important to make sure that you are helping reinforce educational missions at home. When you and your spouse or partner are still living together, coordinating the communication between the teacher and the parents is relatively ...

Imputing an Income for Child Support

Divorce, child custody, and support disputes are frequently accompanied by a time of financial turmoil for one or both of the parties. Litigation is expensive, and rearranging your life such that you are now independently responsible for your own expenses without the help of your spouse or partner can mean a lot of changes. In cases involving child support or spousal support disputes, this can ...

Appeal Versus Modification

The final hearing is a destination that all parties involved in a family law case dream of reaching. The final hearing means the whole situation is finally at an end and the parties can obtain closure and move forward with their lives. But what happens when the final order does not end up going your way? There are ways to approach “losing” a family law case. The two primary ways to tackle the ...

Sacklow v. Betts - Name Change for a Transgender Minor

Parents make decisions every day on behalf of their children. What they will eat, what they will wear, where they will play, or where they will go to school. Few decisions have such a long-lasting impact as a child’s name. Children will carry their name with them throughout their life and in some ways, a name will define us. In some cases, that definition no longer fits. In a recent case, a New ...

Tips for Co-Parenting

After a divorce or separation, the parties and the children must adjust to the “new normal” of residing in two separate households. Divorce means the parents will have to take an entirely new approach to parenting their shared children. A united front is still key, even though the parents are no longer living in the same household, as maintaining a positive relationship is essential to helping the ...

Cosco v. Cosco - Unenforceable Child Support Settlements

Child custody and child support are often the central issues in divorce cases, as what is best for a child is more important to parents than any division of property or debts. Luckily, the vast majority of family law cases are settled before they reach a final hearing. This allows parents to carefully tailor their parenting plan and custody agreement to suit the precise needs of their family and ...

Emergent Orders to Show Cause

Divorce and family law cases often involve temporary motions and hearings. These temporary issues often arise after the initial filings but before the final trial. It allows the court to make decisions about how the parties will divide bills, how they will handle custody, or a variety of other possible issues on a temporary basis, i.e. until the final hearing can be held. In the vast majority of ...

Heart-Balm Acts and Digna v. Fernandez

The end of a marriage or separation is a very emotional time. This can be especially true where one person has been unfaithful. It is quite common in these circumstances for the wronged spouse to feel like the new boyfriend or girlfriend should somehow be held accountable for breaking up the marriage. However, New Jersey has passed what is called a “Heart Balm Act” to prevent exactly this type of ...

Domestic Violence and Cyber Harassment

Domestic violence exists on an alarming scale, and it comes in many forms, including physical, psychological, financial, and a whole other range of acts. In recognition of the impact of domestic violence, New Jersey has enacted very specific laws to help protect the victims and provide harsh punishments for the abusers. In December 2016, another step was taken to help protect domestic violence ...

Child-Custody Issues for Parents with Non-Traditional Work Hours

Today’s families have a more and more diverse set of individualized issues and schedules. Children have school, friends, and extra-curricular activities. Parents have work, PTO meetings, church, or other community events. All of these together can often mean that parents need to get creative when making a schedule for their children and making sure it fits in with the parents’ schedules. This is ...