NJ DIVORCE BLOG

SAME-SEX DIVORCE MEDIATION

SAME-SEX DIVORCE MEDIATION

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 that make[...]

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[...]

HOW DIVORCE MEDIATION AFFECTS CHILDREN

HOW DIVORCE MEDIATION AFFECTS 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 child custody mediation are[...]

5 TOP REASONS NOT TO MEDIATE

5 TOP REASONS NOT TO MEDIATE

While divorce mediation has significant benefits, it is not appropriate for every situation. There are numerous factors that must be considered before deciding to use divorce mediation or litigated divorce. It is important that you and your spouse both understand what mediation is and that neither party is being pressured into it. Waste of Time and Money While mediation can be economical[...]

NEW JERSEY FAMILY COLLABORATIVE LAW ACT

NEW JERSEY FAMILY COLLABORATIVE LAW ACT

While alimony reform was the most talked about bill signed into law by Governor Chris Christie on September 10, numerous others were also signed, including the New Jersey Family Collaborative Law Act (A1477). The act, which is modeled on a proposal by the NJ Law Revision Commission and the national Uniform Law Commission, allows for a process similar to mediation[...]

GETTING FAMILIAR WITH NJ PRENUPS: IS A PREMARITAL AGREEMENT RIGHT FOR YOU?

GETTING FAMILIAR WITH NJ PRENUPS: IS A PREMARITAL AGREEMENT RIGHT FOR YOU?

What is a prenup? A prenuptial agreement, also known as an antenuptial agreement or premarital agreement, is a written contract between two people planning to marry. It sets terms of possession of assets, management of future earnings, and control or division of property should a marriage end in divorce; however, it cannot adversely affect future child support. A prenup goes into effect[...]

NJ SUPREME COURT TO IMPLEMENT NEW FILING FEES NOVEMBER 17

NJ SUPREME COURT TO IMPLEMENT NEW FILING FEES NOVEMBER 17

On October 31 the NJ Supreme Court adopted a new order to increase and create new filing fees. The order will go into effect on November 17. Documents that are received in person, electronically, or by mail after 4:30 p.m. on Friday, November 14 will be given a filing date of November 17 and be charged the new fees. The[...]

UNDERSTANDING DOMESTIC VIOLENCE IN MIDDLESEX COUNTY: PREVENTION OF DOMESTIC VIOLENCE ACT AND FINAL RESTRAINING ORDERS

UNDERSTANDING DOMESTIC VIOLENCE IN MIDDLESEX COUNTY: PREVENTION OF DOMESTIC VIOLENCE ACT AND FINAL RESTRAINING ORDERS

What is domestic violence? Abuse can take many forms, whether it is physical, emotional, verbal, or financial. It can be difficult to understand what exactly constitutes domestic violence under NJ law, but it is important to know if you believe you are facing a harmful situation. Under the Prevention of Domestic Violence Act (PDVA) of 1991, there are 14 criminal offenses: homicide,[...]

WHAT YOU NEED TO KNOW ABOUT NJ'S NEW ALIMONY LAW

WHAT YOU NEED TO KNOW ABOUT NJ'S NEW ALIMONY LAW

New Jersey’s alimony law recently received some major modifications after two years of negotiations. Signed by Governor Christie on September 10, the bill (A845/971/1649) has become known mainly for its substitution of permanent alimony with open durational alimony; however, there are a number of other significant changes worth noting. Durational Limits Under the new law, for any marriage or civil union lasting less[...]

UNDERSTANDING ALIMONY FROM THE PERSPECTIVE OF A NJ MIDDLESEX COUNTY DIVORCE ATTORNEY

UNDERSTANDING ALIMONY FROM THE PERSPECTIVE OF A NJ MIDDLESEX COUNTY DIVORCE ATTORNEY

As a NJ Middlesex County Divorce Attorney, I deal with questions regarding alimony in most of my cases. The current New Jersey alimony law has four types of alimony: permanent limited duration rehabilitative reimbursement Types of Alimony and Factors Permanent alimony is appropriate where a marriage has lasted for a long duration. Limited duration alimony is awarded based on the financial need and for as long as[...]

MAKING THE MOST OF MEDIATION

MAKING THE MOST OF MEDIATION

Commitment to Mediate Once you have decided to begin mediation to resolve all the issues regarding your divorce, it is important to make a serious commitment to mediation. Remember, if you go into the mediation process believing that it will not work; it will become a self-fulfilling prophecy. Therefore, an earnest commitment to mediation begins with both parties being fully committed to[...]

DIVORCE MEDIATION NJ

DIVORCE MEDIATION NJ

DIVORCE MEDIATION ON THE RISE THE MEDIATION PROCESS Divorce mediation is an informal and flexible process.  Mediation may begin before or after a spouse has filed for divorce; the parties control when to start mediation. The mediator’s role is to guide the parties toward their own resolution after full disclosure. Mediation often begins with joint sessions used to set the ground rules and[...]