In some cases, one spouse may not want to be divorced. While this can make the process more complex, it does not mean that you cannot get a divorce; however, reaching an agreement may take more time, effort, and negotiation. If you file for divorce and your spouse does not respond, this can be both […]
Category: Family Law
Does Divorce After Age 50 Impact Retirement Savings?
“Gray divorces,” or divorces between parties age 50 and older, are rising throughout the United States. Instead of child custody being a significant issue in this type of divorce, these couples’ primary disputes may focus more on marital assets. Commingled savings are typically subject to equitable distribution in a New Jersey divorce. However, equitable distribution […]
Can a Lawyer Help Me Get More Parenting Time with My Children?
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 […]
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 […]
How Is Child Support Enforced in New Jersey?
In New Jersey, a non-custodial parent may be ordered by the court to pay child support to the custodial parent to contribute to the costs associated with raising their child(ren). If instances of non-payment or consistently late payments occur, there are a number of enforcement methods that may be used to collect the court-ordered child […]