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Divorce

Recent Posts in Divorce Category

  • How does Divorce Arbitration Work?

    Going to court is not the only available method of resolving a family law dispute. If parties are not able to reach an agreement in a contested matter, they can also pursue mediation or arbitration of their case. While many people are somewhat familiar with the concept of mediation—where a neutral third-party attorney, the “mediator,” assesses the facts and circumstances of the matter and attempts ...
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  • Be careful what you put in a settlement agreement!

    As family law attorneys, we often stress to our clients the importance of well drafted marital settlement agreements. These documents are meant to be a final resolution of the issues arising out of a divorce, and are treated accordingly by the court when a party asks that they be reassessed or modified. An important principle that divorce clients always need to keep in mind is that a court will ...
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  • First Things First: The Top Five Things You Must Do When Divorce is on the Horizon

    Whether you have made the decision to move forward with a divorce, or your spouse made the decision, there are certain housekeeping functions that need to be accomplished. Doing these things will empower you with the knowledge and information that you need so that you can make decisions about your future. (1) Locate all important paperwork relating to the family finances. Whether you are the one ...
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  • The Key to Leaving a Bad Marriage: Finding Your A-ha Moment

    I was recently talking to a close friend about her divorce experience to try to gain a better perspective for the benefit of my coaching clients. I often have coaching calls with prospective coaching clients that just don’t seem ready to move forward with a divorce. I find this the most perplexing when they are so certain about the misery of their marriage yet won’t do anything to remove ...
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  • Alice in Divorce Land: Learning Your Lawyer’s Language

    As a divorce lawyer, I am very accustomed to the role on the attorney’s side of the table. However, I recently sat on the other side of the table on a number of business matters that required me to consult with an attorney. The view sure is different! I realized that even as an intelligent, professional woman, understanding a new legal process was not just “common sense.” My lawyer had her own ...
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  • What You Should Do While You’re “Thinking” About Getting A Divorce

    We often encounter people who come to us for a consultation who are “thinking” about getting a divorce. They typically have been unhappy in their marriages for some time and want information about what a divorce might look like, how they would get started, and how they would come out of it financially. The hardest part though is really making that decision to move forward. It’s kind of like ...
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  • How Can I Afford a New Jersey Divorce?

    There are a million questions and concerns that swirl through your brain when you start thinking about divorce. Where will I live? Do we have to live together during the divorce? How are the kids going to handle this? Sometimes the one you need to answer first is: Can I afford a divorce? And how will I pay for it? It is not unusual to think you simply cannot afford it. That’s where the saying, ...
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  • Finding Your Freedom with NJ Divorce Arbitration

    What is arbitration? Put simply, arbitration is the process where a non-judge makes a decision on issues in a divorce that the parties cannot settle. Rather than going through the court system, the parties let a non-judge make a binding decision to allow the divorce process to end. It is an effective and relatively inexpensive way to resolve divorce. It is increasingly common for divorce cases to ...
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  • Financial and Emotional Cost of Litigation

    In looking at the various solutions to a divorce or family law problem, litigation is chosen by many. This is the process by which you file something with the court and have a judge make various decisions. While litigation rarely ends up with a full divorce Trial, you are handing your divorce over to a judge to determine how it will work, what you must do and, in some cases, what you must pay or ...
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  • Different Ways to Get Divorced

    Is there one way to get divorced? Absolutely not. Most attorneys sell a “one size fits all” solution to anyone that needs to divorce their spouse. That is a serious disservice to the client. Divorce should be tailored to the specific needs of the client and their family. So, what are the paths you can take to get divorced? You can go the traditional litigation route and file a complaint for ...
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  • Domestic Violence and Destruction of Property

    Domestic violence is a serious crime and a serious problem. Thousands of victims in New Jersey suffer emotional, financial, and physical abuse at the hands of their partners or spouses. In an effort to protect the victims of domestic violence, New Jersey passed special legislation to address these crimes. Under the New Jersey law, statute 2C:25-17 includes destruction of property of another as ...
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  • Breastfeeding and Custody

    When a new baby is born, the parents will face an overwhelming number of decisions about the child’s upbringing and welfare. Where will the child primarily reside? Cloth diapers or disposable diapers? Which pediatrician should they use? One of the important decisions is whether the child will be breastfed. Science supports the oft-repeated mantra of “breast is best,” but when the parents no longer ...
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  • Step-Parent Rights

    As the landscape of the American family changes, it should come as no surprise that remarriage following a divorce is more common than ever. With the social taboos against divorce disappearing, divorced spouses will naturally move on after a divorce and sometimes remarry. When children are involved, a new step-parent will need to work hard to develop a new and meaningful relationship with the ...
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  • Important Pre-Nuptial Considerations

    Starting a new family by getting married is an exciting time. Growing your family and starting your future together with the person you love is something that everyone looks forward to. While there are many fun and thrilling things to plan and do when you are getting ready to get married, executing a pre-nuptial agreement is not typically counted among those fun tasks. In some cases, however, a ...
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  • Common Custody Mistakes in Your Settlement Agreement

    Most cases settle out of court. Creating a settlement agreement can be of great benefit to parents, as it allows them to tailor-make a custody and visitation arrangement that is custom built to meet the needs of their family and their children. As every family is different, the benefits are clear to see, as going into court rarely results in an order that has as many individualized provisions as ...
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  • Making Sure Your Approach to Divorce Doesn't Hurt Your Children

    Every parent simply wants what is best for his or her children. Co-parenting during a healthy and successful relationship is difficult and often even the happiest couples will have disagreements on how to handle parenting issues. When a couple is divorcing, those parenting issues can become infinitely more complicated, as now you are trying to navigate a complicated legal proceeding as well as ...
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  • Top Business Valuation Mistakes and How to Avoid Them

    The American dream includes working hard and achieving your goals for yourself and your family. There are twenty eight million small businesses in the United States, and behind each and every one are hard-working individuals striving to make the business a success. Husband and wife teams are frequently behind these businesses and may have spent decades working on the business and helping it to ...
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  • Divorce Rates Spike After Holidays

    People with successful marriages know that it is important to work on your marriage no matter what time of year it is. A successful marriage requires effort from both spouses every day, year round. Summer and winter holidays can often be some of the most fun times for these strong marriages, as they provide an opportunity to spend time with each other, immediate family, and extended family. For a ...
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  • How Rights Change with Cohabitation Versus Marriage

    The structure and landscape of the American family is changing. Not that long ago it was culturally taboo for a couple to live together without the benefit of marriage. This is no longer the case, and it is now very common for people to reside together, plan for the future together, and even have children together without even ever considering the possibility of formalizing their relationship. ...
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  • Civil Restraining Orders

    Domestic violence remains a widespread problem in the United States, and New Jersey, unfortunately, is no exception. The New Jersey Prevention of Domestic Violence Act provides options for victims of domestic violence to obtain protection from their abusers. One method is to request a restraining order from the court to prevent the abuser from coming around or contacting the victim. This is ...
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  • How Can a Cell Phone Be Used in My Divorce?

    Almost everyone today has a cell phone, and most of those are smart phones. We use our phones many times a day for sending email, taking pictures, making phone calls, checking social media, playing games, using GPS services, and a large variety of other reasons. To varying degrees, our phones can provide a startlingly accurate picture of how a person has spent his or her day. During family law ...
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  • When to Request Sole Custody

    Custody issues are often the most sensitive and central of any family law case. The safety and well-being of the children is of upmost importance to the parents involved, and they are often willing to fight for a long time in court to make sure that the ultimate court order reflects what they believe is in the child’s best interest. The vast majority of cases end with parents sharing joint legal ...
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  • Abandonment and Moving Out - Does Timing of Separation Matter?

    The end of a marriage can sometimes be an amicable split that gives the parties plenty of time to think over their new housing arrangements and contemplate how to handle their next steps. Unfortunately, this is not always the case, and one spouse may feel the need to move out as soon as possible in order to avoid an acrimonious home environment. In such a case, the person leaving the home needs to ...
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  • Continued Cohabitation During Divorce

    Going through a divorce means drastic changes for everyone involved. Whereas you have previously spent your days planning for an emotional and financial future attached to your spouse, divorce means having to shift your point of view and plans. Although divorce will ultimately mean that you and your spouse will no longer be living together, not all divorce parties choose to immediately separate ...
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  • Divorce and Private School

    Education is of central importance to any child’s future. Parents work long and hard to help save for a child’s education and make sure that they obtain the best opportunities possible. In recognition of the essential nature of a solid education for a child’s future, the New Jersey legislature has provided specific provisions to order both parents to contribute to college expenses, even after a ...
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