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Divorce Articles

NJ DIVORCE BLOG

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Settlement Agreement on College Contributions

Catabran v. Catabran, was decided on June 16, 2016.  The appellate court affirmed the Morris County Family Part opinion that the parties settlement agreement to share the children’s college costs equally is enforceable.  The case evolved from an issue arising post divorce (known as post-judgment dissolution matter).  The parties settlement agreement stated clearly that the “net college cost will be split[...]
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Taking Control Through Divorce Mediation

Control Your Future through Divorce Mediation Divorce feels like you have lost total control because the divorce process and your future are unknown.  Mediation helps reduce the loss of control.  A good mediator will guide you through the process and give you options.  However, mediation may not be proper in every case.  A good mediator should be able to determine whether[...]
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New Jersey Grandparent Visitation Rights

New Jersey Grandparent Visitation Statute N.J.S.A. 9:2-7.1 On January 12, 2016 in Major v. Maguire, the NJ Supreme Court addressed a case regarding the Grandparent Visitation Statute. N.J.S.A. 9:2-7.1. The plaintiffs, represented by counsel, commenced an action under the statue alleging their involvement in their granddaughter’s life from birth and contended that their alienation from the child would cause her harm. The defendant,[...]
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Recent Case law on unpaid Child Support in New Jersey

Decided on January 13, 2016, both parties being represented by counsel, in Matison v. Lisnyansky, the court imposed the legal doctrine of fugitive disentitlement to dismiss defendant's appeal while a bench warrant for unpaid child support. The legal doctrine of fugitive disentitlement is the balancing of justice, that is, a fugitive from justice may not seek relief from the judicial system whose[...]
Alimony Waiver for Failure to Enforce

Alimony Waiver for Failure to Enforce

Payee may cause alimony waiver for failure to request enforcement. A recent case decided on January 11, 2016, Lazar v. Lazar, dealt with the issue of possible alimony waiver for failure to enforce the provisions of the parties martial settlement agreement.  On appeal from Bergen County, both parties represented by counsel, the plaintiff appealed an order denying his motion to enforce[...]
Parent's College Contribution Obligation in New Jersey

Parent's College Contribution Obligation in New Jersey

Parent's college contribution obligation in New Jersey Recently on December 30, 2015, the Appellate Court in Laurel v. Dixon reversed and remanded to Union County trial court for a plenary hearing to undertake the separate and discreet analysis of defendant's financial capability to make college contribution and, if so, in what amount.  The Plaintiff, represented by counsel and defendant unrepresented appealed[...]
How Divorce Affects Children

How Divorce Affects Children

The Affects of Divorce on Children When considering a divorce, the first thing that might pop into your mind is divorce affects children. Keeping children happy and healthy is a parental instinct. Often times parents’ view divorce as something that will have a severely negative affect on this happiness and emotional health. Many of us know or have heard countless stories of[...]
COMPREHENSIVE LOOK AT A PARENTING PLAN

COMPREHENSIVE LOOK AT A PARENTING PLAN

A parenting plan is undoubtedly one of the most emotional parts of working toward a full Marital Settlement Agreement. Many parents may fear that their time will be unfairly restricted. Knowing what to expect before beginning to develop a plan will ease stress and help lead to a fair agreement that is in the best interest of the children and[...]
NEW JERSEY UNCONTESTED DIVORCE HEARING

NEW JERSEY UNCONTESTED DIVORCE HEARING

For those going through or considering divorce the stress of litigation and court dates can weigh heavy on the mind; however, only 2% t0 3% of cases do not settle out of court and half of these settle either before or at trial. Once settled the other 97% to 98% of divorce cases end with a New Jersey uncontested divorce[...]
LAWS ON CHILD RELOCATION IN NEW JERSEY

LAWS ON CHILD RELOCATION IN NEW JERSEY

During or after divorce parents often find themselves facing new questions regarding their minor children. In New Jersey, a custodial parent who wishes to move out of state with their child must have a Court Order or the written consent of the other parent. Child Relocation in New Jersey can become more complex if the noncustodial parent does not agree to the move,[...]
PREPARING FOR DIVORCE MEDIATION

PREPARING FOR DIVORCE MEDIATION

Once you have found the appropriate NJ divorce mediator for your case, the next step is to make sure you are prepared to begin sessions. It is likely that time and energy has gone into choosing an effective mediator who you and your spouse are comfortable with and expect to be prepared and attentive. Spending your own time preparing for[...]
PARENTAL COLLEGE CONTRIBUTION IN NJ

PARENTAL COLLEGE CONTRIBUTION IN NJ

  Typically New Jersey requires divorced parents to contribute to their children's college expenses. In the past, college was considered a privilege reserved only for the wealthy and elite; however, as it has become more accessible to everyone, the question of expense must be considered by parents. With a wider variety of higher education, such as county, community, state, and private[...]
WHAT IF MY EX STOPS PAYING CHILD SUPPORT?

WHAT IF MY EX STOPS PAYING CHILD SUPPORT?

Unfortunately, unpaid child support is a not an uncommon frustration among custodial parents; however, there are a number of options available for enforcement and modification of child support orders in accordance with federal and New Jersey Law. Financial and emotional support are critical to a child's well-being and when one parent does not take this responsibility seriously, it should not be[...]
SAME-SEX DIVORCE MEDIATION IN NEW JERSEY

SAME-SEX DIVORCE MEDIATION IN NEW JERSEY

The changing political landscape surrounding the rights of same-sex couples has led to difficulty for many simply wishing to commit to a marriage, or for that matter dissolve one. Fortunately, same-sex marriage in New Jersey was legalized in October 2013 allowing many long-term partners and couples already in a civil union to have the same rights as heterosexual married couples. While[...]
NAME CHANGE IN NEW JERSEY

NAME CHANGE IN NEW JERSEY

Deciding whether to keep a married name or re-assume a maiden name is a common dilemma among women going through and after divorce.  The New Jersey Final Judgment of Divorce gives both the husband and wife the chance to legally change his or her name to one used before marriage, or any other last name.  This also applies to same[...]
USING MEDIATION AFTER DIVORCE

USING MEDIATION AFTER DIVORCE

Choosing divorce litigation over mediation is often highly beneficial to maintaining amicable relations post-divorce; however, there are times when ex-spouses and co-parents who are well-equipped for conflict may need additional assistance to help come to a mutual agreement. Property Settlement Agreement Modifying a property settlement agreement is a major use of mediation after divorce. If there is disagreement any time after the[...]
5 TOP REASONS TO MEDIATE DIVORCE

5 TOP REASONS TO MEDIATE DIVORCE

Divorce mediation is an increasingly popular method that allows couples to have more control over the issues in their divorce. During mediation sessions both parties, a mediation attorney, and, if necessary, third party professionals, will focus on coming to a settlement that is fair and appropriate. While mediation is not for every couple, there are some major benefits and reasons[...]
HOW TO COMPLETE A CASE INFORMATION STATEMENT

HOW TO COMPLETE A CASE INFORMATION STATEMENT

The Case Information Statement (CIS) is a very important document that helps establish a person’s life style for the purpose of determining multiple factors in a divorce, including alimony and child support. Personal and family finances such as income/partner’s income, personal/joint life style expenses, and expenses of children are to be truthfully detailed on the form. Making sure this information[...]
Divorce Mediation and Children

Divorce Mediation and Children

Divorce Mediation and Children One of the main concerns of parents going through or contemplating divorce is the affect it will have on their children. While it is commonly thought that this will be solely negative, the impact greatly depends on how the conflict is handled and how well the spouses are able to communicate as parents. Divorce mediation and children[...]
5 TOP REASONS NOT TO MEDIATE DIVORCE

5 TOP REASONS NOT TO MEDIATE DIVORCE

What to Consider Before Opting to Mediate Divorce While divorce mediation has significant benefits, it is not appropriate for every situation. There are numerous factors that must be considered before deciding to mediate divorce or opt for traditional litigation. It is important that you and your spouse both understand what mediation is and that neither party is being pressured into it. Waste[...]