When you have tried to make the marriage work but you have, sadly, decided to go your separate ways, you need to focus on the future. A question we are asked a lot is when is the best time to file for divorce? After the holidays? Before the end of the tax year? Are there reasons for waiting and filing strategically? The simple answer is, yes. Here are key factors to consider as you determine what’s best for your unique situation. Read more
If you have found yourself in an abusive relationship and you are ready to obtain a restraining order against your abuser, you have made a smart and brave decision. The New Jersey court system stands ready to assist people in domestic violence situations when they are ready to move forward and obtain protections for themselves and their families. What does this process entail? And how do you go from a temporary restraining order to a final one? Read more
The divorce process can be time consuming, draining and expensive if you let it get out of hand. And, if you and your soon-to-be ex have children, the stakes become even higher and the battles can become longer, angrier and even more costly — both financially and psychologically. On top of that, the procedures and laws that govern how and when to navigate through the family court can be confusing and frustrating. So, how can you avoid this being an even more difficult time? Avoid these common pitfalls in order to get yourself and keep yourself on track. Read more
Obtaining an award of palimony in New Jersey has become more difficult over the last few years. Palimony — a one-time financial award for a former intimate partner that never married — can only be granted in the Garden State if there is a written promise to pay it, if the palimony agreement dates from 2010. Palimony agreements pre-dating 2010 that are oral/verbal in nature may still be considered valid. Given these different standards, it’s not uncommon for former partners to end up in court when a palimony agreement is contested. But what about recouping palimony after your partner dies? Read more
An ex-wife in a brief 14-month marriage is demanding a share of the $2.5 million work bonus paid to her ex-husband. Job or work bonuses are often subject to division in divorce, but what makes this former spouse’s claim unique is that she is asking for an award based on the length of their marriage and the time prior to that when she and her husband dated and cohabited.
Two lower courts have said “no” to her request, affirming that equitable distribution of any property, including salary bonuses, should be based upon the length of the actual marriage only. The ex-wife was awarded 30K by the courts as an amount commensurate with the short duration of her marriage. However, she believes that she is entitled to approximately $200,000 and has appealed these prior rulings to the New Jersey Supreme Court.
Does she have a case?
Is there life — and marriage — after one partner recovers from sex addiction? While the healing process may understandably difficult for couples seeking to put their marriage back together, one legal option — a reconciliation agreement — may give you both the security you need to start moving forward. Read more
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Does Chris Rock owe child support for a child from South Africa he and his now ex-wife welcomed into their family while they were married, but never adopted? Read more
To be or not to be…many couples today are opting to not be married, but still maintain close, monogamous relationships, even with children. The somewhat antiquated notion that couples have to be legally married in order to legitimize their relationship has largely gone by the wayside in our more modern society. But what if you have decided to give up your career, have children and become a stay-at-home parent at the request of and with the full support of your significant other? If you two separate, will your ex be obligated to financially support you? Can you divide assets? Read more
As a parent, you want what’s best for your kids. But how does this translate in real terms when you’re getting a divorce? Bari Weinberger recently spoke with certified psychotherapist Diane Lang to discuss the consequences of divorce battles for kids and how divorcing parents can emotionally protect children using mediation, a low conflict method for deciding child custody. Is mediation right for you? In the following Q&A, Diane shares her perspective as a therapist. Read more
Are you in a same sex couple and getting married or divorced? Separating after being in a civil union or domestic partnership? Want to understand what happens about property division, alimony or child custody matters? Then you must check out our latest presentation on LGBT divorce and family law: Read more
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