Although mediation can have great benefits for divorcing couples such as lower costs and a greater control over the settlement than a couple has with divorce litigation, it is not the ideal solution for every couple. Before choosing how to divorce, talk to your attorney about your options. Some couples have the freedom to choose whether they want to divorce through mediation, collaborative law, or litigation and others are required by the court to take one of these routes before exploring another. If you have the choice, consider your marriage’s unique circumstances and how they can affect your settlement depending on the method you choose. Choosing mediation, like other choices related to your marriage and divorce, is a deeply personal decision. If you have the choice to mediate but feel it is not right for you, do not allow yourself to be…Read More
If you are facing an upcoming divorce, the process of going to court to determine your settlement can be daunting. You will have to divide your shared property, determine if you or your spouse may receive alimony payments, and if you have children, their custody and support agreements as part of your divorce settlement. Amid the stress of having to work through these issues in court, you are also facing high lawyer’s fees. But there is a better way to divorce. Your marriage does not have to end in a vicious courtroom battle – it can be calmly dismantled in the comfort of a mediator’s office. This process is known as mediation. By choosing to divorce through mediation, you can save yourself the time, money, and stress associated with traditional divorce litigation. The Mediation Process When a couple chooses to divorce…Read More
When you see an individual berating his or her partner in public or hear stories about people staying with their abusers for years or decades, living through routine beatings, you might find yourself shaking your head and wondering how a victim can allow him or herself to stay in that relationship. The truth is, most victims do not realize that they are being abused. One of the greatest hallmarks of domestic violence is denial, or the feeling among both the victim and the abuser that their relationship is perfectly normal. Domestic violence can be physical, emotional, sexual, or financial. It can include any act committed against a romantic partner or household member that exerts control over him or her. In New Jersey, domestic violence is defined by N.J.S.A. 2C:25-19(d). It can be extremely difficult to recognize domestic violence in your relationship…Read More
A wrongful death is any death that occurs as a result of an accident that the victim did not cause. This can include, but is not limited to, a car accident, a slip or a fall, or a case of medical malpractice. When a wrongful death occurs, the victim’s close family members may be entitled to file a wrongful death claim to seek monetary compensation for the financial losses associated with his or her death. These can include: Funeral expenses Medical care following the accident that caused his or her death The deceased’s projected earnings and contribution to his or her household The support, companionship, and guidance the deceased offered to his or her family The day to day contributions the deceased made to his or her household. This can include cooking, cleaning, or managing the home. A wrongful death…Read More
A child can not have three legal parents. For a step parent to become a child’s legal parent, the child’s non-custodial parent must relinquish his or her parental rights. This can occur voluntarily or involuntarily. If the natural parent voluntarily gives up his or her parental rights, he or she loses any right to seek custody or visitation with the child. The custodial parent also loses the right to seek child support from him or her once those rights are relinquished. If a parent refuses to give up his or her parental rights or he or she can not be located, the court may terminate his or her parental rights so the child may be adopted. If the natural parent is found guilty of any of the following, he or she may lose his or her parental rights involuntarily: A…Read More
Even without having to work around a child custody schedule, the holidays can be hectic. When you have your child’s custody arrangement to consider, they only become more stressful. In most shared custody arrangements, the children spend part of the week with one parent and the rest of the week with the other. Sticking to this rigid schedule can create situations where the children miss out on one extended family’s holiday celebration each year or one parent spends every holiday with the children. There are a few solutions to this dilemma. For most families, the standard holiday parenting schedule put forth by New Jersey’s family courts is the best solution. In this schedule, a child’s parents alternate spending each holiday with the child every year. But this is not the only option for your holiday parenting schedule. Depending on your child’s age,…Read More
Every summer, New Jersey’s waterways become dense with boats and other watercraft. Operating a boat or jet ski can be an exhilarating way to spend a summer day, but it can also be dangerous. In 2013, 123 boat collisions occurred in New Jersey’s waters. Of these, eight were fatalities. In any accident where a party suffers damages, either to his or her property or through an injury, a negligent party may be identified and held responsible for the cost of the victim’s losses. In cases where one of the parties involved in an accident is injured, he or she may file a personal injury claim to attempt to receive monetary compensation for his or her damages. Examples of damages that monetary compensation for a personal injury may cover include: Medical bills Compensation for lost wages due to time spent out of work…Read More
The short answer is yes, New Jersey’s family court system may prevent you from moving out of state if you are currently sharing custody of your child with your former partner. This is because moving out of state can make it impossible for your child to maintain a relationship with both of his or her parents, which can have a negative impact on him or her as well as the non-custodial parent. However, sometimes life takes you out of New Jersey. Maybe you’ve been offered a job opportunity that could propel your career forward or a family member needs you to provide in-home care. As a custodial parent, your child’s other parent must consent to your move for you to relocate to a new state. If he or she does not grant consent, you will need to seek a court…Read More
When you get an offer on your home for sale, you’ll probably find yourself doing a mental calculation of the real estate commission you’ll need to pay, based on the specific price offered. And if you’re like most sellers, you may inadvertently overlook another significant expense of closing the sale on your home. The additional expense you may overlook is the buyer’s closing costs, which can be expensive. A quick look at Bankrate.com provided estimated mortgage origination costs for a $200K loan in New Jersey. Including third-party fees on the $200K mortgage with a 20% ($40K) down payment, the buyer’s closing costs were estimated at $2,625. It’s become increasingly common for real estate agents to write sales agreements including the buyers’ closing costs as the sellers’ responsibility. While it’s not really the sellers’ obligation to help the buyer pay for…Read More
One of your options to control the outcomes in New Jersey divorce and child custody matters is use of mediation procedures. Mediation allows both parties, both parents to state their preferences and to come to an agreement outside a courtroom. Some typical issues that can be resolved through mediation include: 1) living arrangements for the children, 2) childcare choices and expenses, 3) non-custodial parent and grandparent visitation, 4) education choices and expenses, and 5) medical choices and expenses. Since these issues tend to involve both emotional and financial aspects, having an experienced family lawyer representing you in your mediation process can bring better results for you and your children in the long run. New Jersey state laws and prior court decisions influence mediations as well as court proceedings, establishing the rights of both spouses in a divorce matter, and also…Read More
