Although you may have negotiated, or the Court ordered, a certain parenting time schedule with your minor children at the time of your divorce, circumstances and other things may change, causing the need for modification. You may have actually been exercising additional time not listed in your agreement, or you may feel that the children […]
Is an Uncontested Divorce Allowed in New Jersey?
In New Jersey, a divorce may be uncontested. Sometimes, divorcing spouses may resolve their property, custody, and support issues outside of court by entering into a Marital Settlement Agreement. However, even when parties are able to settle the issues in their case, they still need to go through the legal process of obtaining a Final […]
Can an Inheritance Be Divided in a Divorce?
New Jersey law follows the rule of equitable distribution of property in divorce, where marital property is divided based on what the Court believes to be fair. However, this applies to marital property only. In divorce, marital property is anything that both spouses own jointly and/or that either spouse acquired during the marriage. It can […]
New Jersey Pauses Divorce and Civil Trials in Six Counties Amid Judge Vacancies
New Jersey Supreme Court Chief Justice Stuart Rabner released a statement in February 2023 in which he explained that matrimonial and civil trials in New Jersey will be suspended except in limited cases, beginning February 21, 2023. Chief Justice Rabner’s Order is due to the record levels of judicial vacancies in two of the State’s […]
What Is Considered a High-Asset Divorce?
A high-asset divorce generally means that the couple seeking a divorce has considerable assets of great value that will need to be equitably distributed. High-asset divorces can be more complex or contentious for several reasons. More Assets to Value It is not uncommon for couples in a high-net-worth marriage to own multiple houses or properties, […]
What Are My Visitation Rights as a Grandparent?
When a couple divorces and there are ongoing custody and parenting time disputes between the parents, the grandparents could be denied visitation. In New Jersey, absent the existence of certain specific criteria, grandparents do not have a legal right to visitation with their grandchildren. Visitation rests solely in the discretion of the parents. If you […]
What Should I Know About the Arbitration Process?
Once a couple has made the decision to divorce, there are a number of alternative dispute resolution options available. If the divorce is acrimonious, and the couple is unable to reach a resolution on the key issues, they may need to settle their disputes by resorting to litigation, mediation, or arbitration. Litigation involves filing a […]
What Is the Difference Between a Divorce and an Annulment?
A divorce and an annulment both result in the dissolution of the marriage, though there are some fundamental differences between the two. While a divorce ends a marriage, a legal annulment retroactively declares that the marriage was never valid. In many cases, an uncontested divorce may be simpler than an annulment, particularly if you were […]
Is There an Increase in Divorces in January?
While there is no easy time to get a divorce, couples often wait until after the holiday season to begin the divorce process. Though divorce rates actually appear to peak in March, the spike in divorces after the holidays has caused January to be unofficially dubbed “Divorce Month.” There are pros and cons to delaying […]
Why Is Divorce After 50 Becoming More Common?
According to a study at Bowling Green State University, there has been a significant increase in the number of couples over the age of 50 who are divorcing. This phenomenon is known as “gray divorce,” a term coined by the American Association of Retired Persons, which refers to the “gray-haired” demographic of individuals who are […]