Divorce Archives | Page 3 of 3

Getting From The Starting Line To The Finish Line

The question I am often asked is: “How long will my divorce take?” The short answer is: “It depends.” However, that seemingly simple question really requires a fairly complicated answer. Divorce cases can only end two ways: an agreement of the parties (as the overwhelming majority of them do) or a decision by a judge after a trial. Agreements result from a series of compromises as the spouses give and take in an effort to reach common ground. Trials take place when one or both spouses conclude that compromise [...]

By Peter Paras|2017-03-01T17:17:47+00:00January 27th, 2015|Divorce|Comments Off

More FAQ’s

Q: I don’t want a divorce. Can I stop it or, at least, delay it until my spouse comes to his senses? A: This is a question often asked by a spouse who is blind-sided by the news that his spouse wants a divorce. Contesting the divorce itself is rare because the legal standards for proving the grounds and obtaining a divorce are not very stringent. A spouse who wants a divorce will, virtually always, get one. Contesting the divorce only delays the inevitable. Although delay is possible, it almost [...]

By Peter Paras|2017-03-01T17:24:53+00:00December 1st, 2014|Divorce|Comments Off

FAQ’s

Q: What are the grounds for divorce in New Jersey? A: There are several traditional fault grounds, but the most common ground is irreconcilable differences, which is considered a no-fault ground. Q: Does fault matter? A: Except in the most egregious cases, like the attempted murder of a spouse, the Supreme Court has ruled that fault is irrelevant to economic issues. Q: How long will it take to get a divorce? A: Although it varies, depending on the facts and complexity of each case, most divorces take ten to [...]

By Peter Paras|2017-03-01T17:33:37+00:00July 1st, 2014|Divorce|Comments Off

Changed Circumstances – Part II

Last month I promised we would look at examples of changed circumstances – some that justify modification of an order or agreement and some that do not. So, here they are. One would expect that a downturn in one’s economic circumstances would always justify a reduction in or termination of a support obligation. Not always. Cases are fact sensitive and the specifics of each case and the totality of the circumstances must be analyzed.That is why the loss of a job does not, in and of itself, justify a modification. [...]

By Peter Paras|2017-03-01T17:51:22+00:00May 1st, 2014|Divorce|Comments Off

Changed Circumstances

Changed circumstances is a term that often affects people years after they thought their legal problems ended when the divorce was granted. Common in divorce and extremely rare in other areas of the law, changed circumstances can often change court judgments or agreements of the parties.Why? In family law there is a recognition that court orders and agreements largely look forward, whereas other types of litigation generally look to redress past grievances. Once that grievance is redressed by a monetary award, the relationship between the plaintiff and the defendant is [...]

By Peter Paras|2017-03-01T17:57:28+00:00April 1st, 2014|Divorce|Comments Off

At The Movies

“In Hollywood, an equitable divorce settlement means each party getting fifty percent of the publicity.” Lauren Bacall, movie actress. It’s Academy Awards season. What better time to see how movies have handled divorce through the years? A popular topic since the advent of silent movies, A Bill of Divorcement (1922) was one of the first. Ten years later the remake starred John Barrymore and Katherine Hepburn and sound. The movie made Hepburn an instant star. Divorce movies-comedies, dramas, foreign filmshave been made by the dozens in the decades since. [...]

By Peter Paras|2017-03-03T21:27:50+00:00March 3rd, 2014|Divorce, Equitable Distribution|Comments Off