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July 2017 Archives

Prenuptial versus postnuptial agreements

Ending a marriage can be one of the most traumatic experiences any person can go through. However, some people in New Jersey have found that having a prenuptial agreement in place eased the divorce process. It not only made it less traumatic, but it also saved them a lot of time and money.

Morris County Divorce Attorney Explains Equitable Distribution in New Jersey

What is Equitable Distribution in NJ?

Equitable-Distribution-300x200.jpgNew Jersey follows the law of equitable distribution. Many times this the term arises in the context of a divorce proceeding, but few people understand what it actually means. The goal of equitable distribution is fairly straightforward: to distribute property acquired during a marriage to both spouses, regardless of whether or not the property was in the name of one or both spouses. The theory underlying equitable distribution is that a marriage is viewed as an "economic partnership" and each spouse is entitled to a share of the property acquired during the marriage. The distribution can either occur through a voluntary agreement or by order of the Superior Court. This process is often very complex and emotionally charged, especially when considering the reasons for which the divorce is sought in the first place.

Morris County Child Custody Lawyer Discusses Leaving New Jersey with Your Child

What if I Want to Leave the State of New Jersey With My Child?

Child-Custody-Leaving-New-Jersey-With-Your-Child-300x200.pngWhen parents separate as a result of divorce, many challenges may arise, including deciding on visitation time with children. One of the less foreseeable impacts of divorce is how it affects plans for one parent who wants to move outside of the state, due to work or other reasons. Many parents often wonder if it is even possible to relocate out of state with their children after a divorce in New Jersey.

Morris County Divorce Lawyer Discusses How to Get Along With Your Ex-Spouse During the Holidays

Understanding how to get along with your ex-spouse during the holidays is imperative

How-to-Get-Along-During-the-Holidays-After-a-Divorce-300x200.jpgDivorce is a difficult process that has an impact not only the proceedings as they occur, but also down the road after a divorce is finalized. Many recognize the benefit of avoiding negative behavior that may lead to years of emotional warfare and bitterness during and after a divorce. Such a realization can provide positive impacts on your well being and your relationships with others.

New Jersey Domestic Violence Attorney Discusses Living with Someone Who Has a Violent History

shutterstock_145404022-300x199.jpgAs an experienced New Jersey Domestic Violence Attorney, when someone tells me they are living with someone with a violent history, I'm concerned about domestic violence, I'm concerned about abuse, and it's a sensitive area. In the divorce world, however, there is no correlation, no relation, no reason why a judge says you're a victim of domestic violence; therefore, you're going to get more in alimony. You may make an action in tort and look for civil remedy and try to get money, but as far as the statue for alimony, you're not using one of the factors and saying, "Well, I suffered at the hands of this and therefore I should get..." because it's a no-fault state.

New Jersey Divorce Lawyer Discusses Purposeful Underemployment

shutterstock_274590818-300x201.jpgAs an experienced New Jersey Divorce Lawyer, if someone says to me, "My spouse is purposefully underemployed," the surgeon that says, "I'm not going to be a surgeon; I'm going to be a second grade teacher," great, go be a second grade teacher. You know what the court is going to say to a person like that? We're going to do child support and alimony based on you being a surgeon because you're purposefully underemployed. If there's a legitimate reason why that individual has their income reduced or their careers changed, it's one thing.

New Jersey Child Support Lawyer Discusses Modifications if You Lost Your Job

shutterstock_391117012-300x225.jpgAs a skillful New Jersey Child Support Lawyer, I get questions from clients who have recently lost their job and are concerned about paying their child support. The loss of a job and child support are two difficult topics to cover with your attorney. Simply losing your job this week and going to court next week does not mean that the court is going to modify or in any way stop your child support obligation. A parent has a duty to support their children throughout the child's life all the way through emancipation. The mere loss of your job is not a reason to modify child support. There are a lot of considerations that you need to discuss with an attorney to determine whether or not your child support could be modified, even if it's just on a temporary basis.

New Jersey Divorce Attorney Discusses Moving Out and Moving Back

shutterstock_356093996-300x200.jpgAs an experienced New Jersey Divorce Attorney, if someone asks me about a spouse who moves out and they want to move back in, my first reaction is going to be, "Why?" Why'd they move out? Why are they moving back in? A lot of times, I know spouses will just be heated and leave, and they'll come meet with me, and I'll say to them, "Get back in the house." Why? Because if you're not in the house, you have to pay for another place to live, you have to pay another cable bill potentially, and it could be costly. Now, if you have the wherewithal financially to do that, and it's the best situation for the family to go through this process, great, don't go back; stay out.

New Jersey Divorce Lawyer Discusses Concerns of Alimony Being Reduced

shutterstock_417800485-300x200.jpgAs a dedicated New Jersey Divorce Lawyer, clients often ask me about their alimony being reduced. If your alimony is a number that either you have agreed to or a judge has ordered, there's only really one way it's going to get reduced. Unfortunately, that person who's paying, the payer, may have the right to reduce the alimony if they show that there's a change of circumstances.

New Jersey Divorce Attorney Discusses Equitable Distribution of a Marital Owned Business

shutterstock_366954215-300x200.jpgAs an experienced New Jersey Divorce Attorney I am often asked what happens to a marital owned business following a divorce. When you are a business owner, and let's say you own a delicatessen. You've opened that delicatessen up during the marriage, and your wife has worked in that business with you; however, the business is titled in your name or in your company's name, of which you are the president and your wife is not an officer of the company. Yet she works in the delicatessen various times during the day, and she also has the kids at home that she takes care of while you run the deli primarily on your own. That asset acquired during the marriage is going to be what we would call a joint asset.

New Jersey Divorce Attorney Discusses Prenuptial Agreements

shutterstock_174315935-300x200.jpgAs an accomplished New Jersey Divorce Attorney, clients often ask me about prenuptial agreements. The important thing on prenups is identifying financial disclosure. In New Jersey, a prenup is governed by a statute and our legislature says you can do a prenup for basically anything. Except for an unconscionable prenup, which is when a spouse makes another spouse sign a document and doesn't give any financial disclosure. The other spouse doesn't even know what the one spouse has or tries to get you to sign the prenuptial a week before the marriage and with no lawyers involved.

New Jersey Divorce Attorney Explains What to Bring When Meeting with your Lawyer

shutterstock_409954129-300x200.jpgAs a dedicated New Jersey Divorce Attorney, I am often asked by clients what they need when meeting with their attorney. I think when someone asks me what should I bring to the meeting, I say to them, "Just yourself. Literally just yourself." The first meeting when you meet with that lawyer, you've got to find that connection. You're not going in there right away and going over your alimony numbers or child support or custody. You're about to turn over your money and your most intimate personal secrets to another human being that you have no idea who that person is. Go make the connection and make sure you know if like them or dislike them.

New Jersey Divorce Lawyer Discusses Modifying Agreements

shutterstock_328880138-300x200.jpgAs an experienced New Jersey Divorce Lawyer, when someone comes to me and says, "I want to modify my divorce agreement. It's not fair. My lawyer was stupid. I was drunk at the time. I didn't realize," etc., I'm going to say to them, "You have to have a change of circumstances to go back in and change your divorce decree." The divorce decree is this piece of paper that says final judgment of divorce. Then behind it, it'll be your contract. It will have all the breakdown of the finances, the custody, the parenting time, these things that you've agreed to and/or have decided by a judge. To go back to the court and say, "This is no good. I don't agree with this," you have to have a reason, first of which is a change of circumstances.

Negotiating the Amount of Child Support in NJ

shutterstock_30259111-225x300.jpgI often get questions from clients about the amount one will have to pay in child support. Many people ask, "Can I negotiate the amount of child support? Do I have to use the child support guidelines?" The most important piece of my answer is child support belongs to the children. It's the right of the children to receive support from both of their parents. It's not something that belongs inherently to the parent of primary residence. It's not a right that you can negotiate away. You can't go into court and say, "I'm going to waive child support." It's not something that you waive. There are considerations if you want to pay more child support or if there is a consideration you're going to pay less child support. Perhaps though that parent is directly paying private school costs or that parent's paying the full cost of after care. There's some other consideration that the parent is making a monetary contribution to something else in the child's life such that you'll then say it's equitable; it's then fair to the child to pay a lower amount of child support.

New Jersey Divorce Lawyer Discusses Terminating Health Insurance

shutterstock_329920400-300x169.jpgAs an experienced New Jersey Divorce Lawyer, when someone tells me that their spouse is threatening to stop paying their health insurance, the first question I want to know is are they in the process of a divorce. If a complaint for divorce is filed and a spouse tries to terminate or shut down any of the insurances, they can't do it. They can do it because it's not like there's a magician out there watching these people, but they do it, and the recourse is the lawyer would go in and file an application and ask a judge to order that the individual put the insurances back on. In the worst-case scenario, where you have automobile or something current like health insurance, if you were involved in some medical issue and you didn't have health insurance because your spouse shut the health insurance down two weeks earlier and you're in the middle of this divorce process, those medical fees could be assigned to the spouse that shut the health insurance down.

New Jersey Child Support Lawyer Explains How Long a Parent Has to Pay

shutterstock_120786073-300x199.jpgAs an accomplished New Jersey Child Support Lawyer, I often get questions from clients about time a parent has to pay child support. The duty to pay child support belongs to both parents in a divorce. In New Jersey we use a calculation, there's a formula that is a composite of both the mother's income and the father's income and the court will calculate the child support. Your attorney probably has the same software and can generate an appropriate child support calculation for your family. Child support continues in the State of New Jersey until your child is emancipated. Emancipation is an event. Either your child has graduated high school and is not going on to higher education or your child has gone off to college and now he or she is graduating. If you reached a settlement agreement, that should discuss emancipation. It should put a placeholder in there. Are you giving your child four years to graduate college or five years to graduate college? What's the end date? That is something you should negotiate up front.

New Jersey Divorce Lawyer Discusses Contested & Uncontested Divorces

shutterstock_353867018-300x200.jpgAs an experienced New Jersey Divorce Lawyer I am often asked about the differences between contested and uncontested divorces. If it's a contested divorce, that generally means you're going to have a trial and you're not going to have an agreement on the issues. For example, agreeing to a term of years of alimony and an amount, agreeing to a custody parenting schedule. An uncontested divorce is going to be a divorce action where you have an agreement, meaning you have a document, you've signed, you've negotiated it, you've gone back and forth, and you're going to submit it to the court for a judgment of divorce. In contested divorce, you're going to submit your position and you're going to ask the court to have a little trial and make a determination for you. I always say to people, "You want to control what you can control, so control your own resolution and negotiate it." There's three things to remember when you're in that process of this divorce. One, settle your case. Two, settle your case, Three, settle your case.

New Jersey Divorce Lawyer Discusses Cohabitation Support

As a New Jersey Divorce Lawyer, I am often asked by clients about cohabitation support. When someone asks me about their spouse living with somebody, or having a boyfriend and still paying alimony, the term is called cohabitation. So if your ex-spouse is living and found to have been cohabitating with an individual, the court has the right to either suspend or terminate their support obligation.

New Jersey Divorce Lawyer Discusses Child Care During the Process

shutterstock_300290441-300x200.jpgAs an accomplished New Jersey Divorce Lawyer, I get questions all the time from clients about child care during a divorce. Child care expenses in a divorce is an issue that the parties really need to address at the onset. In particular, if one spouse has been a stay-at-home parent and now, post-divorce, he or she is expected to enter the workforce. There is going to be a cost for work related child care whether it's before care, after care, or summer camp there is going to be a cost for both spouses now entering the workforce. Perhaps both spouses are already in the workforce and you employ a nanny. All of the expenses related to the children are something that has to be considered in your divorce whether you're reaching a settlement agreement or you're taking your case to trial. The cost for the children includes the cost for work-related child care and summer camp. Those costs will increase as the children get older the sports, the summer camps, and etc. That's something that you want to factor in your financial consideration in your divorce.

What Should I Do If I'm Living With Someone Who Has a Violent Past?

shutterstock_111443792-300x200.jpgI am often asked by clients about living with a spouse who has a criminal past. When someone me tells they're living with someone with a violent history, I'm concerned about domestic violence, abuse, and it's a sensitive area. In the divorce world, there is no correlation to why a judge says, you're a victim of domestic violence. When that happen you will get more in the alimony.

Can a Divorcing Couple Still Live Together?

shutterstock_356093996-1-300x200.jpgClients often ask me about living in the same home during the process. When people ask me about sharing their houses during the divorce process my response is always that's fantastic. You don't have the extra household expenses of an individual living away. It also tells me that there may be some ability to communicate with your soon-to-be ex, even though you're in that environment.

New Jersey Divorce Lawyer Discusses the Most Important Issues

shutterstock_275448569-300x200.jpg As a New Jersey Divorce Lawyer, I am often asked by clients about the important issue's with divorce. I think the most important divorce issue is the children but the problem with that is that it's this really gray area. For example, you have a 401(k), alimony, and etc. it gets divided. But when it comes to custody it's not really black and white. People don't realize in the State of New Jersey there's a presumption that there's shared custody. There's this misinformation out there that people say, "The women get the kids. The men get nothing." It doesn't work that way.

New Jersey Divorce Lawyer Discusses Martial Property

shutterstock_158450321-1-300x200.jpgAs a skilled New Jersey Divorce Lawyer, I am often asked by clients about martial property. The divorce and the marital property is determined based on the filing of the complaint for divorce, which is the end date, and the date of the marriage. Anything accumulated within that timeframe is considered marital property.

New Jersey Divorce Lawyer Explains the Major Steps in the Process

shutterstock_113718259-1-300x200.jpgAs an experienced New Jersey Divorce Lawyer, clients often ask me about the major steps in divorce. The most important step in divorce, I would say is the beginning phase. I like to equate a divorce to a football game. The most important quarters are really the first quarter and the last quarter. The first quarter is about getting information, and in that process there's a document called the Case Information Statement, which is governed by New Jersey court rule 5:5-2.

Mediation Vs. Arbitration in a New Jersey Divorce

shutterstock_269072843-300x200.jpgMediation is not new to the world of divorce. People come to my office all the time and ask, "Do you mediate?" Almost every case at some point is going to be mediated. There are multiple components of your case that will be mediated. Parenting time is usually the biggest. Early on in the case, the court is going to require that you and your spouse, if there are children involved, sit down and try to mediate the issues surrounding the children. Mediation involves one neutral party who hears both sides of the case and the mediator makes recommendations but it won't be binding. It's advice from an objective person that can help you reach a settlement position. Arbitration can be binding or non-binding. You can decide that you want to forego a trial and you want to sit down with an arbitrator and he or she will hear the facts in the case much like testimony in a courtroom. The arbitrator, if it's binding, their final decision will be binding as though it was issued by a judge. You can also select non-binding arbitration where you go the arbitrator and you may or may not accept that person's recommendation at the end.

Commingling of Assets

shutterstock_263014436-1-300x200.jpgOther assets that are exempt initially are gifts that are given to you personally individually, not joint gifts to you and your spouse, but gifts that are given to you personally, or premarital monies or premarital properties, houses that you may have owned prior to the marriage date, prior to your anniversary date. Again, those exempt assets stay exempt unless you take your premarital house and you refinance it during the marriage and you put your spouse's name on it. Now the house is titled in joint names. If the divorce complaint is filed two or three weeks later, that house is still going to be 100% yours. If the divorce complaint is filed five years later, the equity in that prior exempt asset which has now become commingled, the equity in that asset is up for grabs in the divorce case, and your spouse may get anywhere from 0% to 50% of the equity. For sure, after five years of being commingled, that exempt asset will indeed be divided in some fraction with your spouse.

New Jersey Divorce Lawyer Discusses Vehicles

shutterstock_393282931-300x200.jpgAs a skilled New Jersey Divorce Lawyer, clients often ask me about how to split up their vehicles. When you are trying to split cars in a divorce they will become equalized. You have your car and your spouse has their car. If your car is a 2014 BMW and the other spouse has a 1995 Honda Civic for that matter, you're going to equalize their values. A Honda Civic 1995 may have no value whatsoever, because it's paid for and also its value is not as high as a BMW 2014. If the BMW has $10 in value, which means you would be able to sell the car and make $10, you're entitled to half of that. That's generally what you're going to look at with the cars. You're going to keep yours and the other spouse will keep theirs, but you're going to equalize their values.

New Jersey Divorce Attorney Discusses How long it Will Take

shutterstock_274590818-1-300x201.jpgAs a skilled New Jersey Divorce Attorney, I am often asked by clients about length of the divorces process. One of the first things on a client's mind is how long a divorce is going to take. In New Jersey the administrative office or the courts, and basically the legal world, want it to be done in a year. But you can get divorced in 24 hours, 48 hours.

New Jersey Child Support Attorney on Paying for College Costs

shutterstock_89182765-300x206.jpgEvery parent dreams of their child going off onto higher education, whether that may be college or another type of post-high school training program. All of these programs come at a cost and I am often asked as a New Jersey Child Support Attorney, "How are we going to get the money to pay for this?" If the child has a 529 plan or some other college savings plan that was earmarked for his education prior to the divorce, that's great. In that case, we'll tap into that asset first.

New Jersey Divorce Lawyer Discusses What Happens to the Real Estate

shutterstock_382114555-300x200.jpgAs a proficient New Jersey Divorce Lawyer, I often get questions from clients regarding real estate during a divorce. When parties are getting divorced and they own real estate, there is a lot of considerations. Who purchased the real estate? Was it owned by one of the spouses prior to the marriage, or was this a marital asset that the parties purchased together during the course of the marriage? Are the children involved, or are one of the children in high school and getting ready to graduate, so there's a greater need for the spouse that's going to retain primary custody of the children to stay in the marital home? Is the house underwater, meaning you owe more on the house than the outstanding mortgage, or is there a significant amount of equity in the home, and the parties need to cash out their equity in order to move forward in their lives? These are all important considerations when real estate is involved in a divorce that you want to discuss with your attorney so that you have many scenarios that you can play through that will work for your family post-divorce.

New Jersey Divorce Lawyer Discusses Locating Your Spouse

shutterstock_246711940-300x200.jpgAs a New Jersey Divorce Lawyer, I am often asked by clients about their spouse being lost during the divorce process. When someone tells me that they can't find their spouse, I say don't worry we don't need them to get divorced. They could be overseas, or incarcerated for that matter, or simply just checked out.

New Jersey Divorce Lawyer Discusses Moving Forward

shutterstock_326586878-300x200.jpgAs an experienced New Jersey Divorce Lawyer, I am often asked by clients about moving forward with their divorce. When someone tells me that they're ready to move forward with the divorce, I talk to them about a retainer. You start the process with a lawyer by paying a certain amount of money upfront. Then what happens is every month we send a bill out, and you can see what money was used, and how much money is left.

New Jersey Child Support Lawyer on Extracurricular Activities

shutterstock_3553494-300x230.jpgI am often asked as a New Jersey Child Support Lawyer, who pays for extracurricular activities. Extracurricular activities are often a point of contention in a divorce. One parent says, "You know what? Our child plays soccer; he plays volleyball; he plays ice hockey, and he swims." The other parent says, "That's great, but that's four activities, and that's far too much money." In those cases, I ask my clients, "What was the standard? What were the children doing when the family was intact? How many activities were they enrolled in during the course of the marriage?" Every family does what's right for their children. Some feel that one activity per season is enough, while others think two activities per season is appropriate. Your pre-divorce norm should serve as your starting point.

New Jersey Divorce Attorney Explains the Next Step After Being Served Divorce Papers

shutterstock_345954038-300x200.jpgAs a skilled New Jersey Divorce Attorney, clients often ask me about what to do after being served with divorce papers. If you've served divorce papers, the first thing that you have to do is get an attorney. I don't suggest that people represent themselves in moving forward. The only problem is money and sometimes there are people who don't have enough funds to retain the service of an attorney. I'd say look into legal services in your area, and try to obtain an attorney that way.

New Jersey Divorce Attorney Discusses Separate Property

shutterstock_382114555-300x200.jpgAs an experienced New Jersey Divorce Attorney, when someone asks me what separate property means, it's a legal definition. Separate property, the way I explain it, is it's outside of the marital pot. Here's the umbrella, and you look at equitable distribution that's going to divide everything right in here. We know assets that are part of the marital pot, i.e., acquired after the date of marriage but prior to the date of the filing of the complaint for divorce. Those assets are marital property.

New Jersey Divorce Attorney Discusses Legal Separation

shutterstock_390064843-300x200.jpgAs an accomplished New Jersey Divorce Attorney, I am often asked by clients about legal separation and divorce. Divorce is an absolute separation of your marriage, a legal separation is not. A legal separation means that there's some type of analysis and sometimes there's lawyers involved. There's going to be a document at that point where you're going to look at the alimony, child support, retirement assets, custody, parenting.

New Jersey Child Support Attorney Explains if Overtime Factors In

shutterstock_109500080-300x200.jpgAs a proficient New Jersey Child Support Attorney, I get questions all the time from clients regarding if overtime will affect what goes into child support. A question that comes up from time to time is what income is truly used to calculate child support. For instance, you may have a parent who works a significant amount of overtime throughout the year and then asks, "Do we use my base salary or do we use my salary plus my overtime?" Likewise, someone that's commission based or someone that receives a bonus or perhaps you have a parent whose company gives them a company car and then on their W-2 you'll see the money coming back to them for the car. All of those things factor into what income the court is truly going to use to calculate child support. The same holds true for someone who owns a business. I can own a business and make $100,000 in the year and that's what I gross. By the time I take out all my expenses I show $20,000. Will the court truly use that $20,000? No, the court is going to look through the business expenses and there will be certain things that are added back in for the purposes of calculating child support. It's an intricate process. It's something to discuss with an attorney to figure out exactly what portions of your income truly count toward child support.

New Jersey Divorce Lawyer Discusses No-Fault Divorce

shutterstock_113718259-300x200.jpgAs an experienced New Jersey Divorce Lawyer I am often asked about no-fault divorce. No-fault divorce means that you're getting divorced, you're going to be separated, and there's nobody that's at fault. It's very simple. Every state in America has a no-fault divorce. What does that mean? You may think to yourself, "He fooled around. She fooled around. He stole money. She stole this. Therefore, I want to get divorced because they're bad people." Nobody cares. The greatest statement I say to people is, "Unfortunately, nobody cares. It's a cold-hearted system." There's no fault assigned in the state of New Jersey and in all the states to getting divorced. All you have to do is file your papers, follow the procedure, and you're getting divorced.

New Jersey Divorce Attorney Discusses Paternity Rights

shutterstock_39030607-300x199.jpgAs an experienced New Jersey Divorce Attorney I am often asked about paternity rights. When you want to establish paternity rights, you basically want to say that this child is my blood child. Now, you would be able to do that in the court system by filing in what's called the FD part. In the way the divorce world is separated, we have two major parts, FM, Frank Mary, that's for people who are married, and FD, Frank David, that's for people who are not married but they have a child. We have two people and they have a child together; one spouse says, "The child's not mine." Go figure. I think we've seen some of these shows on TV. The other side says, "Yes, it is." You're going to go and you're going to take a paternity test. They have these companies that will take DNA and blood and figure this out, and they're literally up to 98% or 99% of success and confidence in saying this particular child is your child. Once you establish paternity, then you go and you can deal with custody and finances, i.e., child support.

New Jersey Divorce Attorney Discusses the Discovery Process

shutterstock_252583489-300x200.jpgAs an accomplished New Jersey Divorce Attorney, I often get questions from clients regarding discovery and how it will affect them. Discovery is a very important part of every divorce and it is exactly what it sounds like. It's an opportunity for you to discover things about your spouse and for your spouse to discover things about you. There are two major components of discovery: document production and interrogatories. Interrogatories are questions that you will answer under oath. Your spouse can ask you a multitude of questions about how you raise the children, to where you shop, to how much alcohol you consume in a week. Anything goes in interrogatories and you'll answer those questions under oath. Then there's the document production; everything from bank statements to credit card statements to deferred compensation plans. Your spouse has an opportunity to really get a handle on what's on the table in terms of equitable distribution during the discovery process. It's very important to the settlement process to understand what the parties' assets and liabilities really are.

New Jersey Divorce Lawyer Discusses Requiring your Spouse to Pay the Legal Fees

shutterstock_326668295-300x199.jpgAs an experienced New Jersey Divorce Lawyer I am regularly asked if the court can make a spouse pay for the other spouse's legal fees. When you're talking about fees and one spouse paying for the other spouse's fees, you have to look at the incomes because oftentimes you have one spouse that makes a lot more than the other spouse. When you have that disproportionate income situation between the spouses, the courts will give some legal fees - now, not generally all legal fees. The next step is if you have a spouse that does not have independent means of income, you look to assets. Oftentimes, both spouses will use equity in their house, 401(k)s, any stocks, investments, automobiles, personal items, and things that have some value that the individuals would be able to sell to pay for legal fees.

New Jersey Divorce Lawyer Discusses Prorated Division of the Party's Income

shutterstock_326586878-1-300x200.jpgAs an experienced New Jersey Divorce Lawyer I am often asked about prorated division of the party's income. Certain times the amount of money the parties make, if one party makes 70% of the total income of the marriage and the other party makes 30%, sometimes assets are divided in accords with what we would say prorated division of the parties' income. That's another way that equitable distribution is arrived at by the court or by settlement of the parties. Many times the parties settle their case, and these divisions don't end up at 50/50 for the reasons we're talking about.

New Jersey Divorce Lawyer Discusses Serving your Spouse with Divorce Papers

shutterstock_248801950-300x200.jpgAs an experienced New Jersey Divorce Lawyer, when someone asks about serving their spouse with divorce papers, it's a real sensitive area for me. I had the big problem with people getting the proverbial sheriff in a uniform and pounding on the door saying, "You're served, your divorce papers." It's a bad way to start things out. I don't care how ugly it is. Myself, I don't do that. I've done it before in certain cases, and there's usually some reason. Generally speaking, you want to identify who the person is, you want to identify who the lawyer is, you want to call the lawyer up, and you want to say, "Will you accept service? No problem. I'll send the paperwork over."

New Jersey Child Support Attorney Discusses Direct Pay vs. Wage Execution

shutterstock_113718259-300x200.jpgAs a knowledgeable New Jersey Child Support Attorney, I get questions all the time from clients about direct pay and wage execution and their differences. Once the child support calculation has been set, the next consideration is how is the parent of primary residence going to receive that support. Is it going to be via wage execution, meaning it's a direct payment from the payer to the court and then the court sends the payment to the primary parent or are you going to have your former spouse pay you directly? No answer is the best answer; it's what works better for your family. If it's by wage execution, it gives the parent receiving the support some degree of certainty about the timing of the payment, that someone will keep track of the payments for you, that you'll be able to go online and see when payments are made, and you know that the money is going to be directly deposited into your bank account. You may have such a relationship with your former spouse that you say no, you can pay them directly, and your spouse can pay you directly. The court won't mandate one versus the other, but if a spouse requests wage execution, the court will grant it.

New Jersey Divorce Attorney Discusses Grounds for Divorce

shutterstock_104878226-300x199.jpgAs an experienced New Jersey Divorce Attorney, when somebody asks me what their grounds for divorce should be, I'm going to respond, "Talk to me." Tell me some facts and give me some information so that I can advise you what could be the grounds of the cause of action." Now, in 20 years, generally speaking, the cause of action is irreconcilable differences. There are other causes of action, for example, desertion and also, of course, adultery. However, irreconcilable differences will cover basically everything. It's also a more generalized and simpler way to proceed in the process.

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Weiner Law Group LLP

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Contact us online or at 866-899-1138 to find out how we can help you with your legal matter. Let us provide you service that's above and beyond your typical defense firm.

Office Locations

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Parsippany Office
629 Parsippany Road
Parsippany, NJ 07054

Toll Free: 866-899-1138
Fax: 973-403-0010
Parsippany Law Office Map

Bridgewater Office
1200 Rte. 22 East
Suite 10
Bridgewater, NJ 08807

Phone: 732-399-9710
Bridgewater Law Office Map

Jersey City Office
26 Journal Square
Suite 1205
Jersey City, NJ 07306

Phone: 201-222-3184
Jersey City Law Office Map

New York Office
90 Broad Street
Suite 1802
New York, NY 10004-2627

Phone: 646-273-0275
New York Law Office Map

Red Bank Office
331 Newman Springs Rd.
Bldg. 1, Suite 136
Red Bank, NJ 07701

Phone: 732-978-1210
Red Bank Law Office Map

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