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When Only One Spouse Wants to Divorce: Obtaining A Default Judgment

In a best case scenario, the decision to divorce is made only after much careful and thoughtful consideration and an understanding on the part of both spouses that ending their marriage is ultimately the right thing to do, even if it’s a very difficult thing to do.

In many divorce cases, however, separation can be the result of one spouse abruptly leaving out of the blue and abandoning the other, or the decision to divorce is a choice made by only one spouse, with the other spouse resistant to the idea.

Do you find yourself in one of these last two examples, either as the spouse caught off guard by divorce, or as the spouse who has left? Here’s what you need to know about what happens in New Jersey when divorce is only pursued by one spouse. Read more

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Study: Divorce Rates Will Increase As Economy Recovers

Just how much did the Great Recession of 2008-2011 affect divorce rates in the U.S.? Read more

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Lessons Learned from Kim Kardashian’s Divorce

The 72-day marriage between reality star Kim Kardashian and NBA player Kris Humphries that resulted in 543 days of disagreements and legal wrangling, is now finally over, thanks to a judge who quietly granted Kardashian a dissolution in the matter in a Los Angeles courthouse this past Friday. Read more

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Paying Alimony After a Spouse Remarries

When you are required to pay alimony, a former spouse taking on a new husband or wife usually means an end to support payments. But that’s not the case for one New Jersey couple who wound up in court after the spouse receiving alimony (in this case, the ex-husband) claimed he is still owed spousal support, despite his remarriage. A judge agreed with him, and now his ex-wife has lost three motions trying to prove otherwise. Read more

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Three Ways Cheating Can Affect Your Divorce Settlement

Cheating or an affair may have ended your marriage — but will infidelity impact the terms of your divorce settlement? Read more

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5 Questions to Ask Yourself Before Filing for Divorce

For most couples, making the decision to get a divorce isn’t an easy one. So how do you know it’s really time to call it quits? Here are five questions to ask yourself before declaring your marriage done. Read more

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Essex County Divorce Trials Back On! Now What?

Eight months after being halted in Essex County, divorce trials are now slated to resume in the state’s busiest courthouse starting September 1, 2012. Trials were first suspended in December 2011 due to New Jersey’s ongoing judge shortage crisis. With careful maneuvering, however, and the use of temporary judges from other counties, Essex County has winnowed it’s vacancy rate down to just 10 open spots among its allowed 44 judges.

This is welcome news, but it looks like divorcing couples in Essex County waiting for their litigated and/or contested divorce to proceed still need to have patience when it comes to having their day in court. Read more

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Top 5 Ways NOT to Ask for a Divorce

Let’s face it, how you ask your spouse for a divorce matters. Going about it the wrong way can cost you in the long run (financially, emotionally, and in Newt Gingrich‘s case, politically), but going about it the “right” way can help to set the tone for a more collaborative — and less contentious — divorce. Getting ready to share the news? Here’s our list of the top 5 techniques to avoid, and some ideas to consider instead: Read more

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Divorcing? Consider a Lifestyle Analysis

As part of the New Jersey divorce process, you will need to complete a Case Information Statement – essentially what amounts to a listing of a couple’s financial assets and liabilities as well as income and family expenses. The courts then use this document, in part, to determine such critical financial matters as division of assets, alimony, and child support.

In a perfect world, the information written down on the Case Information Statement would be 100% accurate and complete. But what if you don’t have access to old bank accounts, are unsure how much you owe on your mortgage, and have no idea how much money it takes to pay the bills each month – and on top of this have an uncooperative spouse only willing to supply minimal information? Instead of guessing or estimating – and possibly suffering the consequences of an inaccurate financial record — your lawyer may recommend a process called lifestyle analysis.

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Divorce and Valentine’s Day

While most people think of Valentine’s Day as the most romantic day of the year, for a surprising number of couples it’s one of the least romantic. That’s because reports show that divorce filings increase by about 40% around Valentine’s day and inquiries about divorce go up by about 36%.  Perhaps February 14th is to divorce lawyers what April 15th is to accountants.

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