Category Archives: Family Law and Divorce
Everyone hopes for their marriage to succeed, but unfortunately, sometimes it just doesn’t go that way. When a marriage does end in divorce, some ex-couples negotiate a plan for alimony payments, or “spousal support,” to pass from one party to the other. Pre-nuptial agreements, which are optional to make prior to weddings, can also lay out alimony blueprints in the event of divorce. In most states, ex-spouses are given the legal option to waive their right to receiving alimony payments. But in New Jersey, alimony is mandatory — and it’s permanent.
October Newsletter: Rebuilding Credit After Bankruptcy, Domestic Violence, and Credit Report Skeletons
These articles were featured in our October Newsletter. To sign up to receive our monthly newsletter, please sign up here.
In this month’s newsletter, our attorneys tackle the topics of rebuilding credit after filing bankruptcy, protection orders in New Jersey, and old judgments and debts coming back to haunt you.
Most people don’t think of a divorce or dissolution of marriage as something they can ruin. This is happening because the marriage is already broken — how can they harm things any worse than they are currently? As our New Jersey lawyers see every day, spouses can still damage their chances of fair and amicable separation making several critical errors. Here’s the information we normally reserve for our clients, free of charge, to help you and others avoid the terrible mistakes that can sink your case.
More and more couples in New Jersey and Pennsylvania are opting to sign a postnuptial agreement. Is it right for your marriage?
Spousal support is an issue at the forefront of our clients’ minds when they walk through our doors at their first meeting. Some are worried about the prospect of losing a sizable chunk of their income for the foreseeable future. Others worry that the divorce will leave them penniless and unable to live on their own. At the heart of the issue is a broken system in New Jersey that’s in desperate need of reform. The crux of the issue is a question many divorcees are asking: once the court rules on spousal support, does it ever stop? Our attorneys explain.
Many couples these days are choosing to keep separate names in marriage. But traditionally, one spouse (almost always the woman), takes the name of the other partner. In marriages that end in divorce, the partner is often left with a difficult question: Should I keep my spouse’s name or change it back to my maiden name? Continue reading
For this month’s infographic, we created a piece highlighting some surprising divorce statistics that you may not have heard of. For instance, did you know that the average time that someone who has gone through a divorce takes before they remarry is three years? Feel free to read more interesting divorce facts and share the infographic here.
Overwhelmed by Bills and Afraid You’ll Lose it All?
Bankruptcy may help you lose the debt and still keep your property. Let me repeat that, in most cases bankruptcy helps you to eliminate your debts and still keep your property. How is that possible? The bankruptcy process is not designed to punish debtors. There are exemptions available under either federal or state law that help to protect the value of your real and personal property. In most cases, these exemptions are enough to allow debtors to keep all their real and personal property. How do the exemptions work? The exemptions provide certain dollar amounts to protect certain types of property. For example, Jody owns a 2003 Honda Civic DX in fair condition worth $3,064.00 and is worried she’ll have to give up her car if she files bankruptcy. Jody is in luck,
federal law provides a vehicle exemption up to $3,675.00. Since $3,675 (the vehicle exemption) is greater than the value of the 2003 Honda Civic DX, the debtor’s vehicle is fully exempt and Jody gets to keep her car. Curious about the other exemptions? Check out our bankruptcy FAQs.
Finding the Silver Lining in Your Divorce.
The Huffington Post recently posted a article about finding the silver lining in your divorce. Divorces can be messy, nasty, and often unpleasant matters. We don’t walk down the aisle in a white dress or tux to think the final aisle we will walk down is the one at the courthouse to get a divorce. Marriages don’t always work out and divorce happens. Take time to mourn the loss, but remember
your divorce starts a new chapter in your life. Focus on the future and the making the next chapter of your life the best one yet. Remember that you are in control and team up with an attorney who will help you get what you deserve. Need help navigating through the murky waters of your divorce? Give one of our attorneys a call to set up a consultation, they’re here to get you through to the other side!
Child Support Basics – What Every Parent Should Know!
Maggie meets Mike on a dating website, they instantly connect and eleven months after their first date, they welcome baby Maxwell. Maggie cannot bear to leave Maxwell, but returns to work part-time and sends Maxwell to day care. Shortly after, Mike breaks up with Maggie. Mike moves out and visits the baby every other weekend. Not wanting to deal with lawyers and the Courts, Mike agrees to pay one-half the day care costs, but doesn’t think he should pay child support even though Mike works full-time as a mechanic.
Soon, Mike stops paying for one-half of Maxwell’s day care. Maggie returns to work full-time as a nurse, but it’s hardly enough to keep up with the monthly day care bill of $1,000. She doesn’t know where to turn. Maggie confides in a friend, who urges her to meet with an attorney.
Maggie schedules an appointment with the attorney, who sat with her for over an
hour. Maggie learned that child support is based upon the New Jersey Child
A request must be made to the Court asking for support. Once support is established, the County Probation Department can collect directly from the parent’s paycheck. If payments stop, Probation can enforce child support in Court, take tax refunds and even suspend a driver’s license.
Maggie’s attorney files the request with the Court to establish the child support obligation. A week before the court date, everything gets resolved by exchanging financial information and using the Guidelines without ever stepping foot in the courthouse. Attorneys for Mike and Maggie prepare a written agreement and submit the Court Order to establish the child support obligation and create the Probation account to collect the child support.
By seeking legal advice, both Mike and Maggie know they established a fair amount for Maxwell’s support.
Are you having trouble with child support? Do you need to establish child support? Contact us to schedule an appointment today to discuss your rights and options.
Buying or Selling your Home? We Can Help with that!
Whether you’re buying your first home or Selling a home, we understand how stressful and confusing the process can be. Our attorneys are available to guide you through the process step-by-step from attorney review to the closing table. Did you just sign a contract and not know where to start? Give one of our friendly attorneys a call!
Often times the greatest challenge involved in divorces is the issue of custody of the children of the marriage. Family Court judges will always place one primary concern at the heart of their assessment of custody issues: the best interest of the child or children. Situations change over time after a divorce, and at times what was in the best interest of the child at the time of the original custody agreement might not be so as circumstances change after a divorce.
When one parent becomes romantically involved with a new partner, and especially when the new partners begin living together, it is not uncommon for the other parent to consider this change of circumstance harmful to the child and apply for a modification of the custody agreement. Whether you are the custodial or non-custodial parent in such a situation, it is essential that you are represented by an experienced divorce and family law attorney to help you navigate these challenging issues. Continue reading
One of the most heart-wrenching experiences for a non-custodial parent after a divorce is the decision by the custodial parent to move with the children out of state. This often creates serious visitation complications, and it is important to understand what your rights are, both as custodial and non-custodial parent, when such a move is sought. Continue reading