Not everyone who goes through a divorce will need a therapist. If you don’t share property and children, and you are emotionally resolved about your decision, you may not feel the need for extra support. If you do have children and/or own property together, however, divorce can feel apocalyptic. You may fear losing your home, your financial security, and time with your kids. You may feel unable to keep your fury towards your spouse in check, or you may have sunk into a state of depression. Sound familiar? Here are some signs it may be time to see a therapist who specializes in easing people through divorce transitions. Read more
Co-parenting, viewed by therapists and family law professionals as the gold standard for post-divorce parenting, works when both parents are willing and able to set aside their personal grievances and support their child’s relationship with the other parent. To do this, both parents need to be able to communicate calmly, follow the conditions of the custody and child support order, and agree on a plethora of child-related issues such as medical care, education, religious training, and discipline.
Negotiating child rearing is a tall order, even for two people who love each other. It’s an even taller order for two reasonably well-adjusted people whose irreconcilable differences have led them to end their marriage. But if both people are determined to keep their children off the battleground of their divorce, they can usually learn the skills necessary to become successful co-parents.
High-conflict personalities, however, frequently lack the motivation to co-parent because, by definition, they are unable to work through their anger at the other party. Read more
As our phones ring off the hook with people calling to retain our attorneys before their spouses do, we wanted to let our valued callers know that we understand what they are going through and so have written this letter for you. Please be assured that we have brought on extra staff to handle your phone calls and are committed to being here for you throughout Saturday and even Sunday morning.
Dear Hurting Spouse,
Like you, we read and heard a great deal this week about AshleyMadison’s data breach, and about all those unsuspecting spouses whose husbands or wives cheated…or were at least exploring the possibility. When the news of the scandal first broke, you probably felt bad for these unknowing spouses. Not that you suspected anything about your own husband or wife. But then curiosity got the better of you. Read more
We are pleased to announce that our Weinberger Divorce & Family Law Group team is the featured law firm in Legal Leaders’ prestigious New Jersey Top Rated Lawyers publication for 2015. Published annually each August, New Jersey Top Rated Lawyers listings only contain law firms rated as AV Preeminent® by Martindale Hubbell®, a peer review system considered the gold standard in attorney rankings. Read more
When older couples marry, especially when it’s marriage the second time around for both, certain legal issues can arise that require sorting out. One of the stickiest? Joining your assets in marital union only to then make estate planning decisions for any adult children involved. Will your spouse’s children have any claim to your estate? How do you legally protect your assets so that only your own adult children will have an inheritance claim? Let’s look at the case of Stan and Margaret to understand how a growing number of recently married couples in their senior years are using post-nuptial agreements to protect their estate plan — and their peace of mind. Read more
To a narcissist, divorce is more than a failure; it’s an ugly black mark across a carefully polished façade. Because a narcissist cannot tolerate anything less than perfection, his or her dysfunctional coping strategy is to place all the blame for the break-up at your feet. It doesn’t matter if your spouse was the one to initiate the divorce. Your mere existence is a reminder to the narcissist of having “failed,” and for that, you must be punished. Read more
We have been tracking the progress through the New Jersey legislature of Senate bill 1046, which, if passed into law, would cause a major change in termination procedures for New Jersey child support payments. This bill would result in child support payments ending automatically if or when a child marries, dies, enters military service, or reaches the age of 19, unless the child is currently in an out-of-home placement through DCP&P, or unless a court order specifies another date. On July 23, 2015, the Senate passed this bill by a vote of 31-2. The measure now moves to the Assembly.
While we must caution parents that S-1046 is not yet the law, we also wish to help our clients with current or anticipated child support orders understand exactly how the bill would change the current law, and what it might mean for their own situations. Some of the questions we have heard include the following: Read more
Almost everyone has been on either the calling or receiving end of a pocket dial (aka “butt dial”), that annoying habit cell phones have of accidentally auto-dialing when placed in a back pocket. Getting divorced? Here’s extra motivation to keep your phone safe: if you accidentally pocket dial your spouse, he or she may be able to use information gleaned from listening in as evidence against you in your divorce case, according to a recent federal ruling. Read more
Subject No. 1: Sharon
In Part 6 of our ongoing case study, we saw that after Sharon took a hardline stance on child custody, Robert ended up with a temporary order for primary physical custody. In Part 7, we saw how Jason’s more conciliatory approach with Melissa not only resulted in a parenting time plan that was closer to what he wanted; it also avoided the expense of a hearing. Is Sharon going to continue her aggressive tactics for the rest of her case, or is she beginning to see that a change in approach might be in order? Read more
On July 29, 2015, the New Jersey Supreme Court decided the case of Gnall v. Gnall, an alimony case we first blogged about in November of 2014, following oral arguments. This case was decided under the New Jersey alimony statute as it existed prior to the recent reforms. The Appellate Division reversed a trial court’s award of durational alimony to plaintiff Elizabeth Gnall and sent the case back for consideration of a permanent alimony award. Defendant James Gnall appealed to the Supreme Court, which reversed the Appellate Division’s judgment and instructed the trial court to instead make new findings of fact and re-determine the appropriate alimony award based on those new findings.