A post-judgment modification is just that: a modification to a court order after the order has been finalized by the court. These are not uncommon with divorce cases because the conditions present in child custody, child support, and alimony orders can change in the years following the divorce. Post-judgment modifications do not happen automatically. The party seeking the modification must petition to the court to have the modification made. The burden of proof is on the petitioning individual, which means that he or she has to prove to the court that the modification he or she is requesting is either in the child’s best interest or accurately reflects changed financial circumstances for him- or herself or his or her former spouse, as is the case with alimony order modifications. To learn more about the extent of the burden of proof…Read More
In any divorce, the divorcing couple’s jointly-held property needs to be divided among them. A few states take what is known as the community property approach to property distribution, which means that courts divide divorcing couples’ assets among them 50/50. Most states, New Jersey included, take the equitable distribution approach, which does not provide couples with equal shares of their marital assets in a divorce. What it does provide, or at least strive to provide to couples, is equitable shares of their assets. This means that rather than simply cutting a marital estate down the middle, the court gives each spouse a portion of the shared assets according to his or her contribution to the marriage’s net worth and his or her personal needs following the divorce. Equitable distribution can be complicated and sometimes, the court’s decisions might seem nonsensical.…Read More
You might have heard that committing infidelity will have a negative effect on your ability to seek alimony as part of your divorce settlement or somehow make an impact on your property division. Conversely, you might have been told that if your spouse cheated on you, you can expect a larger share of your marital property or a greater amount of alimony after your divorce. The truth is, whether any infidelity that was present in your marriage will affect these determinations is much more complicated than this. Did the Infidelity Affect Your Economic Health As A Married Couple? This is one of the main issues that the court uses to determine whether to allow infidelity to affect its rulings on alimony and property division. In cases where infidelity affects a property ruling, it is because the cheating partner spent marital…Read More
When it comes to dividing a divorcing couple’s property, there are two ways the court can handle this process: through equitable distribution or through community property rules. Equitable Distribution Is Not Equal Distribution Most states, including New Jersey, are equitable distribution states. That means that when couples in these states divorce, their property is not divided 50/50. Instead, it is divided according to a list of factors that are used to determine each partner’s financial and personal needs following the divorce. These factors include, but are not limited to, the following: The length of the couple’s marriage; Whether one partner opted out of the workforce to care for the couple’s children; Each partner’s income; Each partner’s financial obligations following the divorce; The tax implications each partner will face after the divorce; The couple’s child custody and support arrangements; Each partner’s…Read More
When a married couple gets divorced, their marriage is dismantled. This means that the court, recognizing the couple’s legal union and their rights, works to break down the couple’s property according to equitable distribution rules and create a settlement that provides both partners with a fair share of their marital property. In contrast, an annulment is issued when the court recognizes that a couple never had a legal marriage to begin with. A divorce legally ends a marriage; an annulment invalidates it. Not every couple can get an annulment. To qualify for an annulment in New Jersey, you must be able to prove that your marriage is invalid according to New Jersey’s matrimonial laws. If you are unsure about the validity of your marriage, speak with an experienced divorce attorney. What Makes A Marriage Invalid? If one partner is already…Read More
Yes. For some couples, legal separation is the first step in the divorce process. For others, it is a permanent solution for a marriage that can not be fixed. Couples choose legal separation for a variety of reasons. For some, it is a way to “freeze” their assets before starting the divorce process. This can make it easier to take note of which assets are marital assets and which are not, expediting the property division portion of their divorce. For others, it is a way to exit a toxic relationship without divorcing, which is a sin in many religions. In other cases yet, a couple might not be absolutely certain that they want to divorce and instead decide to separate until they can determine if they want to remain in the marriage. All of these reasons are valid and all…Read More
For divorcing couples in New Jersey, the Early Settlement Panel (ESP) is a form of alternative dispute resolution. It gives couples the opportunity to determine the financial terms of their divorce settlements without having to go through the lengthy, expensive process of litigation. Many couples find divorcing through alternative dispute resolution to be an empowering experience. Unlike litigation, where the partners have little to no control over their divorce’s proceeding, alternative dispute resolution methods put the divorcing couple in control. To learn more about the early settlement panel and determine if it could be right for you, discuss it with your divorce attorney. The Early Settlement Process When a couple goes before the early settlement panel for a hearing, each party presents his or her case to the panel. The panel is made up of a team of family attorneys…Read More
When a New Jersey couple divorces, the court divides their assets through a process known as equitable distribution. With equitable distribution, each partner receives a share of the couple’s marital property that meets his or her financial and personal needs following the divorce. This can mean that the partners will not necessarily walk away with an equal amount of assets. For property division through equitable distribution to work, the court must know the extent of the couple’s marital property. This means that all assets, such as cars, real estate, bank accounts, life insurance policies, and stocks must be reported to the court to divide. The court relies on both partners’ honesty for this – if one or both parties attempt to conceal assets, the court can not fairly divide them among the couple. There are a lot of ways an…Read More
Social media is everywhere. Think about how much it has changed your life in the past few years: where do you find out about events in your social circle? Engagements, weddings, new jobs, new babies? How do you share any type of big news of your own? If you are like most Americans, these interactions are facilitated by social media. As you surely know, social media can also be harmful. You might have found information that made you upset, shocked you, or caused you to have a dispute with a loved one via social media. You might also have been told to be very careful about what you post on social media because anything that can be perceived as offensive can harm your career and chances of being hired in the future. When you are going through a divorce, it…Read More
A deposition is an important part of the divorce process. It is used to determine the extent of an individual’s assets so the court can fairly and effectively divide a couple’s property during the divorce process. Going through a deposition is called being deposed. Although it might sound like a scary or uncomfortable process, it is a vital part of your divorce and will only be used to gather information to fairly distribute your shared property with your spouse. If you have any questions about circumstances particular to your situation and how they might play out in a deposition, talk to your divorce attorney. Expect An Interview In a lot of ways, a deposition is like a job interview. You dress professionally and answer questions about your finances and your marriage clearly and concisely. The individual who performs your deposition…Read More
