Much like how every marriage is different, every divorce in New Jersey is different too. You may have just come to terms with the fact that you are ready to file for divorce. Now what? Should you come to an agreement with your spouse? Are you anticipating a divorce trial? Are you and your soon-to-be ex on amicable terms or are you expecting a fight on each and every issue? Do you have very complex issues that need to be resolved?
Depending on your circumstances, there are several possible ways to resolve your differences and become divorced in New Jersey. Which path is right for you? Let’s take a look. Continue reading
Deciding alimony in your divorce and what to know how to get the fairest settlement possible? Weinberger Law Group is pleased to announced the publication of A Guide to Alimony in New Jersey, the newest title in our Family Law Jersey Style series of consumer-friendly law guides. Available on Amazon in both print book and Kindle ebook formats, A Guide to Alimony in New Jersey provides valuable tips and practical explanations to help you understand the alimony process, whether you are the spouse who will pay or the spouse who will receive support. Continue reading
Although we like to think we live in a more enlightened age, unfortunately, when it comes to intimate partner violence, also known as domestic violence, we, as a society, still have a long way to go. According to the Association of American Family Physicians, in the United States, approximately 1.5 million women and 834,700 men annually are raped and/or physically assaulted by an intimate partner. Women are more likely than men to be injured, sexually assaulted, or murdered by an intimate partner. Studies suggest that one in four women is at lifetime risk.
To remedy these tragic statistics, education is key, as is awareness of the many faces of intimate partner violence. Not all forms are intimate partner violence (IPV) are easy to recognize because IPV is not always physical violence; IPV can also be threats, intimidation or harassment, and more. Continue reading
Almost two million children in the United States have military parents and experience the strain that frequent and/or lengthy deployments place on families. It may come as a surprise, but in many cases, the stress doesn’t end after the parent returns home. While media images capturing service members’ exuberant post-deployment embraces with children can create a “fairy tale” image of reintegration, in reality, once the excitement of reunion dissipates, all family members (parents and kids) often realize that they have changed in each other’s absence. These changes include: Continue reading
It is becoming more and more commonplace for people going through a divorce to seek another avenue to resolution other than traditional litigation. In order to avoid sometimes needlessly drawn out court battles, couples are looking to Alternative Dispute Resolution or ADR to get them to the end of their divorce proceedings more efficiently. Is ADR right for your divorce? Continue reading
After the recent decision in the New Jersey custody case, D.G. vs. K.S., the new term “tri-parenting” has been getting a lot of buzz. What does tri-parenting entail? Let’s take a look. Continue reading
A long time ago, spouses were not able to sue each other for torts, or certain “wrongs” done to one another because of a doctrine called “spousal immunity.” That doctrine has long since gone by the wayside, opening the door for divorcing spouses to sue each other for various types of civil “wrongs” called marital torts. Continue reading
According to a 2013 report from The National Children’s Alliance, 679,000 children in the United States were victims of abuse and neglect. Unfortunately, one or more parents were responsible for almost 80% of reported child fatalities. Are your kids be at risk? As part of April’s Child Abuse & Neglect Awareness Month, here are signs to look for if you suspect your current or former spouse is abusing your children, and vital steps you can take to keep your kids safe. Continue reading
Once a Domestic Violence Final Restraining Order (FRO) is entered against a person in New Jersey, it is difficult to have that FRO dismissed at a later time. New Jersey is one of the few states that actually has permanent FROs. In order to have an FRO dismissed, the court must agree that there is no continued need for the FRO. It certainly helps if the victim agrees with dismissing the restraining order. But, what if the victim does not agree to dismiss the FRO, even after more than nine years?
Creating a parenting time plan for your children as part of your divorce or separation? Wondering which custody arrangement is best for your kids? Want to know what your rights are as a mother or father? To answer these questions and more, Weinberger Law Group is pleased to announce a new free resource for parents, Child Custody 101: A Introduction to New Jersey Child Custody Law. Continue reading
For some couples, litigating their matters in court before a judge is the best possible way to reach a resolution in their divorce. For other couples, litigation doesn’t solve conflict; it actually creates more of it. Many people mistakenly believe that they need the most aggressive lawyer in town to defend their legal rights. And when one spouse hires a shark attorney, chances are the other spouse will follow suit in order not to be “out-lawyered.” Yet even with two reasonable attorneys, divorce litigation is likely to inflame conflict, not resolve it. Read on to find out why the divorce litigation process should be avoided at all costs. Continue reading
While most people exhibit some irrational or unpleasant behavior during the pressure cooker of divorce, people with high-conflict personalities are experts at creating drama and chaos. They respond to the grief of a failed marriage by blaming you for the divorce and any problems the kids might have. Because they need a target, they will probably not “get over it” in time. Wondering if your ex might be a high-conflict personality or whether you are in a high conflict divorce? Take this yes/no quiz to find out. Continue reading
In support of the thousands of children placed in the state’s foster care system as a result of abuse and neglect, Weinberger Law Group announces its participation in Go Blue for CASA Day on April 8. The special day raises awareness and funds for Court Appointed Special Advocates (CASA) of New Jersey, a non-profit organization that supports and trains community volunteers to speak up for abused and neglected children in court. [Photos of today’s events can be found below! We will be updating throughout the day.]
In a recent, unpublished Appellate Division case, Manger v. Manger, the court found that an ex-wife could not ask the court to change her alimony award, because she was never awarded alimony to begin with. Did you bypass spousal support in your original divorce settlement? Here’s what this case may mean for you. Continue reading
In a strongly worded decision, the trial court in the recent case of J.L. v A.C. stated that a defendant may commit domestic violence through the act of coercion. The court, after entering a Final Restraining Order (FRO) against A.C., issued a supplemental order specifically addressing the act of coercion as domestic violence. Continue reading
On Friday, April 8, Weinberger Law Group is participating in “Go Blue for CASA” a fundraiser which will directly support advocacy for child abuse victims in the foster care system. In an effort to raise awareness for abused or neglected children during April’s National Child Abuse Awareness and Prevention Month, school districts, law firms and businesses throughout the state will recognize this day by wearing blue and donating to the organization Court Appointed Special Advocates (CASA). Continue reading
Emotional abuse can carry an added layer of damage because, unlike physical abuse, it leaves no discernible marks. Other people, and even the victim, don’t always recognize it’s happening. After years of being invalidated, disempowered, and made to feel worthless, abuse victims can begin to doubt their own reality, and ignore signs that they’re being mistreated. Continue reading
In two recent posts we looked at some aspects of income tax filing for newly separated or divorced individuals, and specifically some of the tax implications of support payments, including child support and spousal support. Today we are going to look at some of the tax implications of dividing marital property in divorce. Understanding tax treatment of property transfers is not only important for filing taxes correctly, it can also help with decision-making. For example, you may want to reconsider buying out your spouse’s share of the family home if you think it will leave you with a high tax liability down the road. Continue reading
In a recent article on theconversation.com, the child support system in Australia was examined. How is child support different “down under”? While the United States and Australia may be geographically distant, the complaints regarding the Aussie system ring familiar here in the US. Continue reading
You have scheduled your consultation with your divorce professional. How do you make the most of this limited time with your prospective attorney? Here are 5 ways in which you can ensure you get the most out of your consultation: Continue reading
Can you really get divorced without the conflict and drama? Yes! Here are the top 10 things NOT to do if you want to avoid an apocalyptic divorce. To help minimize tension don’t… Continue reading
The New Jersey courts strive to take domestic violence seriously, and, in this pursuit, the courts evaluate every situation where domestic violence is alleged. In some cases, the courts find that even though a defendant may indeed have harassed another, there simply may not be a need for a final restraining order. What factors are taken into consideration when making this decision? A recent court case sheds some light Continue reading
We are excited to announce the publication of four new titles in its our Family Law Jersey Style series of consumer legal guides: A Guide to Relationship Agreements in New Jersey, A Guide to Alimony in New Jersey, A Guide to Property Division in New Jersey, and A Guide to Alternative Dispute Resolution in New Jersey. Authored by our firm’s founder, family law expert Bari Z. Weinberger, each guide contains practical family law information that can be difficult for readers to find elsewhere. Continue reading
On behalf of our entire team, we are pleased to announce that Weinberger Law Group has been named one of the 10 Best Family Law Firms in New Jersey for Client Satisfaction by the American Institute of Family Law Attorneys. The annual list honors exceptional performance by New Jersey divorce and family law firms. This year marks the second consecutive year that that Weinberger Law Group team has received the honor. Continue reading
Concerned about child custody and child support? We are pleased to announced the publication A Guide to Child Custody in New Jersey and A Guide to Child Support in New Jersey, two of the newest titles in our Family Law Jersey Style series of consumer legal guides. Authored by Bari Z. Weinberger, our firm’s founder, both guides are designed to provide answers to questions about these topics commonly asked by parents in New Jersey. Continue reading
Judge Lawrence Jones, Superior Court judge in Ocean County, New Jersey recently ruled that a parent is permitted to pay his child support directly to his child, and not the child’s other parent. Could this happen in your child support arrangement? Continue reading
Have questions about divorce and family law? Weinberger Law Group founder, family law expert Bari Weinberger was recently asked by Divorce Magazine to lend her authority to answer readers’ commonly asked questions regarding divorce, child custody and other family law issues. You can find Bari’s answers as part of the magazine’s library of Expert FAQs. Continue reading
In a recent NorthJersey.com article, it was reported that nearly 100 people in northern New Jersey were arrested for failure to pay their court-ordered child support. The arrests came the week of February 1, 2016 as part of a statewide sweep. In Bergen County, 67 people were arrested, and over $37,000 of nearly $2.8 million of owed child support was collected. Is being arrested for unpaid support payments common? Continue reading
In a recent post we looked at some aspects of income tax filing for newly separated or divorced individuals, including filing status and treatment of dependent exemptions. Today, we will look at some of the tax implications of child support or spousal support payments. This information may be helpful not only to those currently working on 2015 tax returns, but also to those in the process of negotiating marital settlement agreements that include support provisions. Divorcing spouses sometimes overlook tax implications that can have a significant impact on each spouse’s post-divorce financial condition. Continue reading
Weinberger Law Group is delighted to announce that six of our attorneys have been named 2016 New Jersey Super Lawyers or 2016 New Jersey Rising Stars, by New Jersey Monthly Magazine. Continue reading
Men, like women, can be victims of intimate partner abuse, but they often keep silent about domestic violence out of shame. They’re afraid no one will believe them, or they’ll be ridiculed: how could a man be so “weak” that he lets a woman beat him up? Sometimes they don’t recognize that abuse doesn’t always involve kicks and punches. Name-calling, putdowns, mind-games, and manipulation are trademarks of psychological abuse, which can be more insidious than physical abuse because it doesn’t leave marks. Continue reading
Appearances can be deceiving when it comes to domestic violence. Our unconscious ideas about what abuse “looks like” – it “always” leaves marks –or the “type” of woman who’s married to an abuser – someone with glaringly low self-esteem and limited options — can lead us to miss some of the less obvious signs that our friend, daughter, or sister is in an abusive relationship, and needs help.
How much sway do divorced parents ordered to share in the cost of their child’s college tuition have over the school the child chooses to attend? A recent court case takes a look. Continue reading
If you are newly separated or divorced, filing a federal tax return can present a host of new and confusing options and scenarios. In honor of the approaching April 15th tax filing deadline, this month we will be sharing some of this valuable information with you in a three-part series discussing tax issues and divorce. Continue reading
There is an interesting theory in New Jersey family law—that of the psychological parent. In today’s world, there are all different types of families. The “blended” family is becoming more and more common since the days of The Brady Bunch. Many moms and dads remarry, creating stepparents and stepchildren; half siblings and stepsiblings. Same-sex couples have children, where one of the couple is the biological parent and the other is not.
When a third person, not the biological mom and dad, takes an active role in the life of a child, he or she can become what is known as a “psychological parent.” Does this describe you? Continue reading
One of the most painful byproducts of a hellish divorce is watching your ex manipulate your children into believing that you’re a bad parent. Parent-child relationships that were strong before the divorce can be damaged almost overnight when an alienating parent lures a child into the Cult of the Bad Mom/Dad. Brainwashing tactics include bad-mouthing, lies, manipulation of events, and a constant barrage of negatives about the other parent, similar to a political smear campaign.
Treating parental alienation in therapy is challenging. It’s unlikely that the alienator will agree to go to therapy or that you will be able to agree on a therapist. Judges can mandate family therapy or parenting classes, but they can’t make an alienator listen to what the therapist has to say.
You don’t have to rely on a judge or mental health professional to intervene. There are steps you can take to give your child a more balanced picture of you and your relationship. You can also give them tools to learn to think for themselves so they can begin to understand the flaws in the alienator’s belief system. Continue reading
In divorce, narcissistic parents often buffer the pain of a failed marriage by trying to destroy their ex’s relationship with the children. Unlike healthy parents, who aim to work themselves out of a job by preparing children to live independently, a narcissist sees their kids as extensions of themselves. They cannot tolerate the thought that their children might grow up to chart their own course. Continue reading
The financial and psychological impact of divorce can make it hard to function. It can make it even harder to parent. But it’s important not to let anger and fear hijack your good judgment. You must put aside your feelings about your ex and manage your anxiety about the future in order to provide a healthy home life for your children.
Even the most well-meaning divorced co-parents can do or say things that make their children feel anxious. Kids don’t always know what they need and if they do, they often don’t know how to tell you. Wondering how, exactly, to keep your kids from spending their entire adulthood on a therapist’s couch? Here are seven things you should know about kids and divorce. Continue reading
Courts in New Jersey are frequently asked to modify, recalculate and terminate child support obligations for various reasons. In cases of emancipation of a child, the courts have routinely found that retroactive modification of child support is permitted, and may sometimes result in a credit or refund to the parent paying the support. In one recent case ruling, the Appellate Division discussed some of the factors that a court must consider in determining whether a child is emancipated. Continue reading
Nightmare divorces make great fodder for headlines, but the truth is, not every divorce turns into The War Of The Roses. The stories that send shivers up your spine generally involve one or both people with mental health and/or significant substance abuse issues. With practice and foresight, couples that don’t face those challenges can take the following steps to keep their divorce as amicable and collaborative as possible. Continue reading
In the case of Fichter v. Fichter, the New Jersey Appellate Court discussed the New Jersey Child Support Guidelines and amendments to the child support laws relating to car insurance for teen drivers. Do you need to pay car insurance for your teen driver, or should you expect your child’s other parent to share the costs? Continue reading
Some miserably married couples stay together for the kids, but the truth is, conflict hurts children more than divorce itself. Continue reading
We are very pleased to announce that Weinberger Law Group has once again been named to NJBIZ magazine’s list of Best Places to Work in New Jersey for 2016! This is the third consecutive year that Weinberger Law Group has received this honor. Continue reading
Live out of state and questioning your need to return to New Jersey to have your custody matter heard? The New Jersey Appellate Division, in a recent, unpublished decision, tackled the somewhat confusing New Jersey Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines whether New Jersey or another state has jurisdiction to hear custody matters in its courts. Continue reading
Many people going through a divorce wonder what will become of their retirement plans, pensions or 401k accounts. Do you have to share your 401k with your spouse? Is your 401K account considered marital property? If it is a marital asset that my spouse is entitled to, how is it divided? Continue reading
Are you an alcoholic with kids — or are you married or divorced from an alcoholic spouse? Here is how alcoholism affects child custody, and what an alcoholic parent can do to regain visitation rights. Continue reading
When ruling on child custody, courts consider a parent’s use of drugs and alcohol. The reason why is fairly straightforward: preoccupation with obtaining drugs, and the impairment and aftereffects of being intoxicated, cause people to neglect their children’s physical and emotional needs. Using drugs clouds judgment and can put children in imminent danger. Continue reading
On Sunday during the Super Bowl, the NO MORE campaign aired its now second annual spot aimed at domestic violence awareness and prevention. (Remember last year’s pizza delivery ad?) In this year’s public awareness ad, the non-profit used familiar speech bubbles to depict a text conversation between two female friends watching the Big Game. One of the friends gives off clues that she is trapped in an abusive relationship before her speech bubble suddenly goes blank. The message of the spot is clear: we need to keep talking about domestic violence because so often victims can not. Continue reading