Blog Posts in October, 2017

Contents of a Divorce Petition

Every court case must start the same way - with one person filing papers in the proper court. Divorce is no exception. The beginning of any divorce requires the filing of a decent amount of seemingly complicated and long paperwork. Although these papers may seem difficult to comprehend, there are some standard contents that any party involved in a divorce may expect to see in a complaint for ...

Timing - When is the Right Time to Divorce?

No one wants to contemplate that their marriage may at some point end in divorce. Most parties fight hard to keep their marriage together, taking important measures such as counseling, or even trial separations. In some cases, these measures will not be enough, and the parties will decide to end their marriage. A common question is when is the best time to actually file for divorce? One way to ...

When is Mediation Required and Why?

Divorce, child custody, or any other family law matter can end in a nasty battle in a court room. Going to a final hearing means that the parties have to spend more money, more time, and more emotional energy than if they had been able to reach an agreement before the final hearing. Mediation is a process through which some parties may be able to reach some neutral ground Settlements allow the ...

Control Over Personal Property in Divorce

At the conclusion of a divorce, the judge will make a final order for child custody, spousal support, debt division, and asset division. The issue of asset division can be particularly complicated in some cases. In New Jersey, the judge will make an equitable division of the parties’ marital assets at the final hearing if the parties are unable to come to an agreement. In the vast majority of ...

What to Expect from a Temporary Hearing

Divorces are often infamous for the length of time it will take to get a final resolution. Some divorces last months or even years before the spouses can get a final order that will divide their property, determine custody, or determine if spousal support is appropriate. In some cases, one or both spouses cannot wait for a final order to get some degree of relief from the court. In such ...

Are You Sure You Want to Keep the Marital Home?

At the end of any divorce, the parties or the judge will have to make a final decision on how to divide up the parties’ assets and debts. This financial separation will include all of the assets and debts the parties incurred during the marriage, and occasionally will also include assets from before the marriage. For many people, the marital residence is the largest asset that needs to be divided. ...

Advantages and Disadvantages of Uncontested Divorce

Litigation can be taxing, both emotionally and financially. Litigation can mean you have to appear in court, missing work and having to make alternative arrangements for child care. In short, litigation can be really inconvenient, in the kindest of terms. For divorces, spouses can elect to have an uncontested divorce instead of having to go to court to have a judge make the ultimate decision on ...

When is a Child Emancipated?

In a divorce or a stand-alone child custody case, a court must craft a court order providing for custody, visitation, and child support. As the child ages, the child’s needs will change and often parents will need to return to court to revisit the issues of visitation or child support. In some cases, a child will become independent and move out once he or she turns eighteen. In other cases, a ...

B.S. v. T.S. - Calling a Step-Parent "Mom" or "Dad"

After a divorce, it is common for one or both parties to move on, have a new relationship, and remarry. When the parties share children, the new step-parent will hopefully have a strong and positive relationship with the children, providing extra support and love for the children. Unfortunately, it is also common for the former spouse to have some conflict with the step-parent and can sometimes ...

"Nesting" Custody Arrangement

Every divorce is unique and presents particular issues. Just as no two divorces are alike, no two children are alike. Parents often need to get creative when coming up with parenting schedules for their children. Customized visitation schedules make it so parents can carefully tailor custody and visitation provisions to suit the particular needs and preferences of their children. “Nesting ...

Dealing with an Alcoholic Parent During Visitation

Alcoholism and substance abuse are terrible diseases that can destroy families and lives. Unfortunately, this often means that it can destroy marriages, as well. In many situations, the non-alcoholic spouse has no choice but to divorce an alcoholic in order to protect the parties’ children. Even though the alcoholic parent has a substance abuse problem, he or she will almost certainly still be ...

International Divorce

Today’s society is becoming more and more mobile. It is not uncommon for people to move across the country or even across the world from the place where they were born. When a relationship falls apart and divorce is imminent, it is not unusual for one person to move back home, and sometimes that means moving to a different country. International divorce presents some special issues and ...

Parenting Plans and Newborns

Having a new baby in the house can be a joyous time, but can also be stressful for new parents trying to adjust to having a newborn. If the parents are going through a divorce or child custody dispute, this is especially true, as the parents have to handle the needs of a new baby while also juggling the issues involved with a family law case. Every child and age group has its own challenges and ...

Can a Father Win a Custody Battle?

In a divorce or separation, the foremost issue is typically that of child custody and visitation. Parents always want what is best for their children and want a parenting plan order that reflects that. In some situations, the father of the child or children may believe that he can provide a more suitable home environment for the children than the mother. Although some people seem to believe that a ...

T.M.S. v. W.C.P. - Reinstatement of a Dismissed Restraining Order

The New Jersey legislature and courts have prioritized creating and enforcing laws to protect victims of domestic violence. The Prevention of Domestic Violence Act contains provisions providing for victims of domestic violence to obtain protection immediately as well as protection extending into the future. The Act allows victims to seek and obtain a permanent restraining order against their ...

Child Support and Auto Insurance – Fichter v. Fichter

Child support is designed to cover a very specific set of expenses that will be handled by the primary residential parent. Many of these expenses are set out in the New Jersey statutes. This specific list can help parents to cut down on disputes when it comes to whether a particular expense is meant to be covered by the amount already paid by the non-custodial parent. Unfortunately, when the law ...

Divorce and Workplace Discrimination – Smith v. Millville

Although divorce can bring big changes to most aspects of life, one area that often remains the same throughout the proceedings is employment. Usually parties are advised to do their best to maintain steady and stable employment during a divorce or child custody case and do their best to not alter their hours or income while a case is pending. In some unfortunate cases, a party may be laid off or ...

Should We Get Married? Rights and Responsibilities Conferred by Marriage Versus Cohabitation

The landscape of the typical American family is changing. While cohabitating without the benefit of marriage used to be considered taboo, it is now relatively common for couples to decide to maintain their relationship without getting married, and even purchase property and have children together. Whether you should get married to your partner is obviously a highly personal decision, but there are ...

Staying Realistic About Potential Divorce Outcomes

Custody and divorce litigation brings lots of uncertainty about the present and the future. It can be easy to become overwhelmed or lose sight of the end goal, which is to resolve the issues and move forward with your life. After the initial shock and chaos wears off, it is a good next step to try to develop your strategy and set some goals with your attorney. In order to make sure your goals are ...

Tips to Smooth and Speed Your Divorce

There is no getting around the difficult reality that a divorce is difficult for both parties. The difficulty comes in every form from emotional to financial. It simply is a tough time for the spouses and any children involved. No one gets married expecting that the marriage will someday disintegrate, but there are ways to smooth and speed your divorce process. First, communication with your ...

Understanding the Basics of Uncontested Divorce

Typically when people think of divorce, they often think of a long, drawn out, expensive process lasting months or years. Luckily, not every divorce has to be this way. In fact, the vast majority of cases settle well before a final hearing is even scheduled, saving the spouses money and time. In some cases, the parties have settled their differences even before the papers are even filed. In such a ...

Domestic Violence, Privacy Rights, and State v. Bryant

It is an unfortunate reality that domestic violence is still a very real ongoing problem in the United States, and New Jersey is no exception. New Jersey has taken statutory steps to help curb the problem and help domestic violence victims get protection. Domestic violence cases are an area where family law and criminal law will frequently overlap, as victims of domestic violence may be married to ...