Blog Posts in July, 2017

Thieme v. Aucoin-Thieme - Distribution of Pre-Marital Assets

At the end of every divorce, marital property must be divided. New Jersey is what is referred to as an “equitable distribution state,” which means that the judge will divide the marital property “equitably” between the parties. Equitable does not mean equal. The way the judge determines what is equitable is made according to a laundry list of factors. In general, any property that was acquired ...

Ricci v. Ricci - Emancipation

Child support orders are entered in almost every case involving a custody issue. New Jersey uses a specific formula to set child support, using particular numbers including the parents' incomes less certain allowed expenses. Moreover, New Jersey recognizes the importance of a college education, and the law makes provision for child support to continue in order to support the child while he or she ...

Who Pays the Bills During Divorce

Divorce is a chaotic process, and this is especially true at the very beginning of the process. At the start, both parties’ emotions are raw and they are angry. To add to that, the parties are often still living together, have not divided any personal possessions, and still have all financial matters closely intertwined with each other. Understanding who pays what after a divorce is filed can help ...

Changing Names After Divorce - You and Your Child

After a divorce, it is quite common for women to want to return to using their maiden name. It helps bring closure to the relationship and move on to the next chapter. Some custodial parents also desire to change the last names of the children that the parties share. Although both processes may stem from the disintegration of the marital relationship, the legal process to achieve these two goals ...

Life Insurance, Divorce, and Child Custody

There are many life milestones that are financially stressful. Divorce and the death of your spouse are assuredly two of those financially difficult times. During a marriage, a couple shares expenses, including bills, clothes, housing expenses, and the costs of raising the couple's children. When a couple divorces, they may still be tied together. This could happen because of shared financial ...

What Kind of Alimony Should I Ask For?

The end of a marriage always spells big changes for both spouses. Both parties can expect changes in terms of emotional, physical, and financial factors. Divorce often poses an especially difficult financial burden to the spouse who makes less income, especially if that spouse has traditionally been the stay at home parent or supported the other spouse through school. The answer to some financial ...

What is Child Support Supposed to Cover?

Every parent knows that children are expensive to raise. Clothes, food, toys, school fees, extracurricular activities, and myriad other expenses are necessary to support a child. When parents’ divorce or separate, these expenses do not simply disappear. To the contrary, now there are two homes, with two sets of bills, and often a child will now have two sets of clothes, toys, and other personal ...

Case Information Statement

Every divorce begins with a large amount of paper work. The complaint for divorce is the initial filing that starts the case. After this is filed, it is then necessary to fill out and file a detailed document called a Case Information Statement, or "CIS." The CIS is comprised of several different sections. It is essential that you are as detailed and accurate as possible with this document. ...

Private School and Divorce

The education for children must be a priority for every parent. To that end, many parents start saving for their children's college education when they are very young, using special 529 accounts to reap maximum financial benefits to help support their children's educational goals. When parents get divorced, financial issues come to the forefront, and educational expenses are no exception to this. ...

Am I Liable for My Spouse's Unpaid Taxes?

April means tax time in the United States. Many people will be scrambling to get their taxes finished up by the deadline or filing extensions to give them a little extra time to get their taxes filed. Many married couples choose to file their taxes jointly, as it confers extra tax benefits. Taxes are complicated, though, and mistakes can be made, leading to back taxes and penalties owed to the ...

Step-Parents and Child Support

Step-parents have unique roles in the life of the children of their spouses. These step-parents often form deep and lasting bonds with the children, and in optimal situations, can become like another parent. If the step-parent and the biological parent get divorced, however, the step-parent’s role in the child’s life becomes much more uncertain. Barring exceptional circumstances, such as adoption ...

When Can I Reduce My Spousal Support?

It is not uncommon for there to be a disparity in incomes between a husband and wife. Sometimes one spouse does not have any income at all, as a result of unforeseen unemployment or being a stay-at-home parent. In these cases, especially in marriages of long duration, the economically disadvantaged spouse may be awarded spousal support at the end of the divorce proceedings. Spousal support is ...

What Kind of Discovery Do I Need?

Discovery is an essential part of most cases, and cases in family law are no exception. Discovery is the process through which you and your lawyer gather evidence. It is also how you can determine the type of evidence and strategies that the other side intends to use at trial. There are many types of discovery that can be used in family law cases, and each type of discovery is designed to achieve ...

Custody Mistakes to Avoid

Custody issues often are some of the most contentious issues in any divorce. Stand-alone custody cases are no less bitterly fought. Each parent wants what is best for his or her child, and most are willing to fight for what he or she believes is best for the child. The court will ultimately make a custody and parenting time decision based on a list of factors contained in the New Jersey family ...

Preparing for Divorce After Being a Stay-at-Home Parent

At the start of the new millennium, approximately 23% of mothers did not work outside the home. This number has continued to rise, as more mothers have made the choice to stay at home with children. In addition, the number of women who return to work while their husbands or partners remain at home has also risen significantly in the past twenty years. Being a stay-at-home parent is an important ...

Silver Divorce

The rate of divorce in couples over 50 is on the rise. While divorce rates across the nation overall have stabilized over the past few years, the rate of divorce in couples who are over fifty years old has doubled since 1990. Divorce between couples who are over fifty is often referred to as “silver divorce.” Silver divorce can bring some special considerations and issues which merit particular ...