Divorcing couples may encounter new situations that are not always easy to plan. There may be child custody, visitation schedules, and property division issues that need to be resolved as the marital relationship dissolves. In some cases, family homes must be sold. Although every divorce is different, there are three general ways family homes can[…]
Category: Divorce
Will My Inheritance Be Divided in My Divorce in New Jersey?
When you and your spouse decide to file for divorce, an important part of the process involves dividing marital property. New Jersey follows the equitable distribution rule, which means that marital property is divided in a way that is fair opposed to equal. However, this only applies to marital property. Separate property, which includes any[…]
What If My Spouse Does Not Respond to Divorce Papers?
Oftentimes, when a marriage is no longer working, the one thing that both spouses can agree on is that they should proceed with getting a divorce. In some cases, if one spouse is unwilling to accept the fact that the marriage is over, they may refuse to sign the divorce papers, prolonging the process. While[…]
How to File for Divorce in New Jersey
Divorcing is not an easy decision, and the legal process can feel overwhelming and daunting. But with planning, effort, and patience, you can make the process as smooth as possible. In New Jersey, you have a few options regarding the type of divorce you are most comfortable with, such as: Do I Need a Lawyer[…]
Do I Have a Legal Obligation to Share My Medical Records During a Divorce?
Your medical records may contain very personal information that you are not comfortable sharing with others, but there are instances where you may need to share your records. If you are going through a divorce, and you are concerned that your spouse may use your physical or mental health history against you, it is highly[…]
Is My Spouse’s 401K Subject to the Equitable Distribution Rule?
New Jersey is an equitable distribution state, which means that when a couple divorces, the marital property should be divided fairly, as compared to an automatic 50/50 split. Marital property generally includes anything that you and your spouse earned or acquired over the course of your marriage, including real estate property, vehicles, bank accounts, life[…]
What Do I Need to Consider Before Getting Remarried?
After going through a difficult and painful divorce, you may swear off the idea of ever getting married again, or you may have a clearer idea of what kind of relationship you are looking for and what you expect from your partner. If you are considering the idea of getting remarried, consider seeking legal advice[…]
How Do I Discuss a Prenuptial Agreement with My Partner?
If you and your partner are about to get married, bringing up the topic of a prenuptial agreement may seem unromantic. However, with approximately half of all marriages ending in divorce, it is an important conversation to have before you tie the knot, particularly if you bring considerable financial assets into the marriage. While you[…]
Are All Assets Subject to the Equitable Distribution of Property?
When a couple files for divorce in New Jersey, the assets that the couple accumulated over the course of the marriage will be subject to the equitable division of marital property. That means that the marital assets will be distributed in a manner that is fair, but not necessarily equal. In some cases, one or[…]
Can I Be Forced to Pay Back Child Support?
If your divorce agreement requires you to pay court-ordered child support, there are federal and state laws in place that ensure that these payments are made regularly and on time. The legal term for a parent failing to meet their child support payment responsibilities is “in arrears” and the back child support is called “arrearages.”[…]