Blog Posts in January, 2017

ATTORNEY'S FEES AND FAMILY LAW

Family law disputes carry heavy financial and emotional burdens. It is no surprise that the issue of having the other spouse pay attorney’s fees is a common question. In a case called Williams v. Williams , the New Jersey Supreme Court discussed how attorney’s fees are decided in divorce cases. In divorce, the court has discretion to award attorney’s fees to either spouse. The court will look at a ...

WHERE DO I FILE FOR DIVORCE

Every state has different laws regarding where to file a divorce, and New Jersey is no exception. The court where you’re supposed to file your divorce is the court that has what is referred to as “ jurisdiction .” It is imperative that you file your divorce papers in the court with jurisdiction, or your divorce may be delayed or even dismissed. A common misconception is that the state where you ...

DISPUTES IN DIVORCE - WHAT'S WORTH FIGHTING FOR

In a divorce, people can sometimes get caught up in “winning” and start to fight over every issue. It can be easy to lose sight over what is really important during the turmoil, especially during a highly contested divorce. While some things are absolutely worth fighting for , it can sometimes be better to let go of others. First, any personal property that can be easily replaced may not be worth ...

RELIGION FOR CHILDREN AFTER DIVORCE

An increasing number of couples in the United States are comprised of people of different faiths. Divorces involving interfaith marriages can be particularly contentious or messy when child custody is involved. It is not uncommon for the divorcing couple to have major disagreements about the child’s religious upbringing and how it should be conducted following the divorce. New Jersey courts have ...

MAINTAINING CONTACT WITH YOUR CHILD DURING CUSTODY DISPUTES

Co-parenting is difficult. Helping a child maintain stability and security while shifting between two households is tricky. Common pitfalls and disagreements mean that even parents who typically have an amicable relationship can go through rough patches. During times of discord, it is important to make sure you keep the lines of communication open with your child to keep him or her feeling ...

DIVIDING A RETIREMENT ACCOUNT - HOW TO DIVIDE IT AND THE ALTERNATIVES

You’ve worked your whole life to save for your future. Now that divorce is inevitable, it’s important to understand how your marital dissolution will impact your retirement accounts. Any retirement accounts or other investments that have accrued during the marriage are generally considered marital property. They will be subject to “equitable distribution” during the divorce. Although equitable ...

CUSTODY ISSUES FOR INFANTS VERSUS TEENAGERS

Custody is a tricky area no matter what the age of your child. The needs of a tiny infant are vastly different than those of a teenager. When crafting a parenting schedule, it is important to be sensitive to the particular challenges associated with the ages of your children and their changing needs . Infants require specialized attention and care. New Jersey law does not provide a preference to ...

JEWELRY AND OTHER GIFTS GIVEN DURING THE MARRIAGE

Division of marital property is central to most divorces. Most items and property that were acquired by either spouse during the marriage is marital property and the judge will divide it up at the final hearing, if no agreement has been reached. However, separate property will not be divided, but instead, the spouse who owns the particular asset will get to keep the property without giving the ...

FINANCIAL DOCUMENTS AND DIVORCE

Documents help provide us with a map of our lives and our marriage. Documents ranging from birth certificates to artwork to car titles all provide a timeline and a history. When getting a divorce, financial documents provide an essential insight into a couple’s income and property. Bank statements are indispensable to the divorce process. Bank statements not only reveal as to the balances of ...

PRIVATE INVESTIGATORS IN DIVORCE OR CHILD CUSTODY CASES

Gathering evidence to support your divorce or child custody case is obviously an essential step in any case. Financial documents, social media posts, and medical records are all places we can find evidence to help support our case, as well as testimony from friends and family. In some cases, though, documents and testimony are not sufficient to really support some of the issues in such a case. ...