Recent Blog Posts
What to Expect in a Subsequent Divorce
The overall divorce rate has declined in recent years. But among second and subsequent marriages, the divorce rate might be as high as 80 percent. Procedurally, a subsequent divorce is much different from a first divorce, as outlined below. That’s partially due to some recent legal changes, and partially due to the nature of… Read More »
Classifying and Dividing Marital Property in a New Jersey Divorce
Like some other jurisdictions, New Jersey is an equitable distribution state. Upon divorce, the marital estate, including both assets and debts, must be divided equitably between the parties. That’s not necessarily the same thing as an equal division. In fact, there is a presumption in New Jersey law that the divorce must not be… Read More »
Intentional and Unintentional Parental Alienation Syndrome (PAS)
Children of divorce normally feel closer to one parent or the other one at different points in their lives. So, Parental Alienation (PA) is usually inevitable. However, Parental Alienation Syndrome (PAS) is different. The alienating parent drives an emotional wedge between the targeted parent and the children. Additionally, PA is temporary. PAS is permanent…. Read More »
How Does Coronavirus Affect Divorce Property Valuation?
In most cases, economic activity slowed to a standstill during the spring 2020 coronavirus lockdowns. The slowdown was especially bad for entertainment venues, most retailers, and other nonessential businesses. Normally, the law distinguishes between active and passive assets. But these are not normal times. The extraordinary circumstances rule, first articulated in 1991’s Goldman v…. Read More »
Parenting Time Issues During a Global Pandemic
When coronavirus hit American shores sometime in February 2020, many people thought, or hoped, the epidemic would be over in a few months. As a result, in terms of parenting timeshare arrangements, many families turned to stopgap measures and informal agreements. At this point, it seems that COVID-19 restrictions might last well into 2021…. Read More »
Child Support Enforcement Options in New Jersey
Residential parents count on child support payments to meet their children’s shelter, food, clothing, medical and other expenses. Children are also entitled to share in the good fortunes of their parents, as well. So, for example, if a paying spouse receives a substantial raise or a new job, his or her children are entitled… Read More »
Three Reasons Divorce Mediation Usually Works
If both parties negotiate in good faith, mediation has about a 90 percent success rate. “Good faith” means that both parties place all their cards on the table, and both parties are willing to make some compromises in order to make a deal. Generally, mediation takes place outside a courtroom setting. The sessions normally… Read More »
Financial and Emotional Issues in Divorce Cases
The divorce rate has declined significantly since the 1990s. However, divorce’s moral acceptability rating is at an all-time high. In other words, people who would never have considered divorce before, such as people over 60, now see marriage dissolution as a legitimate way to end a marriage they see as unsatisfying for some reason…. Read More »
Five Common Property Division Factors in New Jersey
New Jersey is an equitable distribution state. A divorce cannot be an unfair financial burden for either party, so marital property must be divided accordingly. That includes both debts and assets. There is a presumption that a 50-50 division is equitable in most cases. So, for a Somerville equitable distribution attorney to obtain a… Read More »
The Five Types of Alimony in New Jersey
Spousal support, and specifically the nature and purpose of spousal support, is one of the most hotly-debated family law topics of our day. Some advocates believe these payments should help obligees become economically self-sufficient, and that’s it. Others think alimony should permanently equalize the standard of living between the former spouses. For the most… Read More »