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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 | December 1st, 2014|Divorce|Comments Off on More FAQ’s

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 | July 1st, 2014|Divorce|Comments Off on FAQ’s

College Costs

The ever increasing cost of post high school education, whether college, vocational school or something else, isa serious concern for many parents today. It is an extraordinary cost that many divorcing parents of teenagers must give seriousconsideration. College costs include the more obvious expenses – tuition, room and board, books and required fees. Nowadays, however, the list of often included expenses also encompasses SAT/ACT review courses and registration fees, transportation to and from college several times per year, trips to visit colleges the student is considering applyingto and application fees. Sometimes [...]

By | June 1st, 2014|College Costs|Comments Off on College Costs

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 | May 1st, 2014|Divorce|Comments Off on Changed Circumstances – Part II

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 | April 1st, 2014|Divorce|Comments Off on Changed Circumstances

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 | March 3rd, 2014|Divorce, Equitable Distribution|Comments Off on At The Movies

The Internet – Friend Or Foe?

The internet has spawned many positive changes for modern living.  Communication is easier and instantaneous.  Email and social media have dramatically altered the way our society communicates.  Telephone calls and interpersonal conversations make up a steadily decreasing percentage of human contact.People simply don’t talk to each other as much as they used to.  They, more often, put what they have to say in writing.  The good news is:  there is a record of what was said.  The bad news is:  there is a record of what was said.  Depending on [...]

By | February 3rd, 2014|Internet|Comments Off on The Internet – Friend Or Foe?

Alimony Reform – An Update

Several months ago I wrote about permanent alimony and how that concept, entrenched in New Jersey law for well over a hundred years, might change if proposed legislation became law.  Since then, the debate has been heating up.Anti-alimony groups have been lobbying for passage of a bill that would abolish permanent alimony (in most cases), create a formula for determining the amount and duration of alimony payments, and provide for an automatic end to alimony when certain events occur (such as when the payor reaches the age at which he/ [...]

By | January 3rd, 2014|Alimony|Comments Off on Alimony Reform – An Update

Holiday Parenting Time

As the holidays approach, most people’s stress levels increase. When you’re going through a divorce, the holidays add immeasurably to the nearly constant stress you’ve been experiencing. And, when you have children, stress can increase geometrically.This is the time when parents must summon every bit of self-control and rationality possible from deep within. Children look forward to holidays. They also love their parents. It is, therefore, essential that both parents put aside their anger and hurt so that the holidays will be as happy and fulfilling for the children as [...]

By | December 3rd, 2013|Holidays|Comments Off on Holiday Parenting Time

The Family Court

People often wonder what the Family Court does and why divorces seem to take so long.  That is a complicated question, but it has mostly to do with the several types of cases the Family Court must hear, the proliferation of cases of each type, and a shortage of resources to address each case.In New Jersey, trial Courts are called the Superior Court.  The Superior Court consists of the Civil Part, the Criminal Part and the Chancery Division.  The Family Part (or Family Court) is part of the Chancery Division.The [...]

By | November 3rd, 2013|Family Court|Comments Off on The Family Court