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10 Tips for Averting Disaster During Your Divorce

Do not leave the marital residence before speaking to an attorney. Do not sign mortgages, notes or loan documents if you believe your marriage may end. If your spouse talks about going bankrupt advise your divorce lawyer and speak to a bankruptcy lawyer immediately. Do not communicate with your attorney from any email accounts for which your spouse knows or could easily figure out your password(s). Change your internet passwords so that they are not your birthday, old address, pet’s name or any other combination that could be easily [...]

By | 2017-03-06T21:09:41+00:00 March 4th, 2016|Divorce|Comments Off on 10 Tips for Averting Disaster During Your Divorce

Should I Get Divorced?

IN THE MID – 1990S I had an initial consultation with an eighty four year old man who wanted a divorce. One of my first questions was, “When were you married?” His answer was, “1941.” I then asked, “When did you first realize you were unhappy in your marriage?” His answer? “1942”! Our conversation took place more than fifty years after he realized he was unhappy. “Why now?”, I inquired. He replied, “I woke up one morning and realized, I don’t have much time left. I want to see [...]

By | 2017-05-19T20:06:10+00:00 February 27th, 2016|Divorce|Comments Off on Should I Get Divorced?

Can I Keep The House

A QUESTION I OFTEN GET from people going through divorce is, “Can I keep the house?”  This seemingly simple question is actually a multifaceted one fraught with complicated facts and emotions.  Years ago a man literally divided the house in half  by using a chainsaw to cut through the roof and the walls.  That triumph of emotion over intellect is not the preferred way of answering the question. Generally, there are two main areas with many sub-parts to explore.  First, does the income and asset picture allow you to buy your [...]

By | 2017-02-27T22:30:48+00:00 January 27th, 2016|Divorce|Comments Off on Can I Keep The House

The Science of Paternity

A CHILD BORN - when the mother is married or within 300 days of the end of the marriage (either by death or divorce) is presumed to be the child of the husband. The presumption can be challenged, but the challenger must prove that he is not the father by clear and convincing evidence. A child born to an unmarried woman enjoys no such presumption. In those cases any man who hadsexual intercourse with the mother within 300 days of the child’s birth may find himself in a paternityaction. In [...]

By | 2017-02-25T17:15:03+00:00 December 25th, 2015|Paternity|Comments Off on The Science of Paternity

Buyer’s Remorse

In other words people tend to second guess themselves after making a difficult decision. This often occurs after a person going through a divorce settles his case. Did I make the right decision? Could I have made a better deal? Why did she/he agree (seemingly) so easily? Would she/he have given more? In this context, buyer’s remorse can be all-consuming – even paralyzing. There are, however, several important concepts to keep in mind. First, settlements are compromises. You have to give to get. In fact, your spouse is undoubtedly having [...]

By | 2017-02-25T17:22:48+00:00 November 25th, 2015|Buyer's Remorse|Comments Off on Buyer’s Remorse

Property FAQ’s

Q: What property is subject to division in a divorce? A: New Jersey law requires an equitable distribution of all assets, whether real or personal, acquired during the marriage. In other words, assets acquired between the date of the marriage and the date on which the complaint for divorce was filed are generally subject to division. Q: Are there exceptions? A: The statutory exceptions are gifts from third parties  (i.e., someone not your spouse) and inheritances. The legislature reasoned that dividing these assets would (1) bestow a windfall on the [...]

By | 2017-02-25T17:34:10+00:00 October 25th, 2015|Property|Comments Off on Property FAQ’s

Discovery

When you’re going through a divorce, discovery is a word you see and hear a lot.  What is discovery? Generically, discovery is the term for gathering the information you need to intelligently settle your case or failing that, presenting your case to the family court judge at trial.  Discovery takes many forms and the form and extent of discovery should be tailored to the facts and claims unique to each case.  Discovery can be expensive, so it’s doubly important to make sure that you engage in only the discovery [...]

By | 2017-02-27T22:05:26+00:00 September 27th, 2015|Discovery, Divorce|Comments Off on Discovery

Discovery: It’s Time to Turn the Tables

The rules have always been different for family lawyers. We can't take mortgages.1 We can't pay referral fees.2 There are page limitations on our Certifications.3 Our billings and requests for counsel fees pendente lite must be scrupulously specific. Even so, we often collect far less than the value of our services and are compelled to carry large receivables. We are treated differently than other litigators since the funds spent on the litigation process reduce the income and assets available to help family members meet necessary expenses, both before and [...]

By | 2017-05-17T22:02:18+00:00 September 6th, 2015|Articles for Lawyers|Comments Off on Discovery: It’s Time to Turn the Tables

More Expectations

Many years ago I represented a very nice woman. She made a nice appearance, spoke well and was polite. As mightily as we tried, we just couldn’t settle her case and wound up going to trial. I prepared her for her testimony, counselled her about how to act, and told her what to expect when we got to court. We agreed that she would wear a skirt and blouse or a dress.We were ready, I thought. She arrived at court wearing a very nice knee length dress and a cardigan [...]

By | 2017-02-27T22:13:46+00:00 August 27th, 2015|Divorce|Comments Off on More Expectations

Expectations

For most people going through a divorce, it is their first experience with the legal system and with a lawyer. So, what can you expect? Indeed, what should you expect?CANDORYou should expect to be candid with your lawyer. Your lawyer can only help you and protect your legal rights if you tell him everything. Holding back puts him at a disadvantage, which puts you at a disadvantage. The last place your lawyer wants to learn something about you is from your spouse’s lawyer.Conversely, you should expect candor from your lawyer. [...]

By | 2017-02-27T22:40:31+00:00 July 27th, 2015|Divorce, Professionalism|Comments Off on Expectations