Emancipation Under New Jersey Law Emancipation occurs when a child is legally released from both the control and the support of his or her parent(s). This means that the parent can no longer make decisions for the child and the child is no longer entitled to financial support from the parent. Child support payments, whatever… Read More
Posts Categorized In: Divorce
The Role of the Child's Home in Child Custody
Leaving the Family’s Home During a Divorce One of the numerous anxiety-producing concerns for a person going through a divorce with a minor child or children is whether the fact that their spouse continues to live in the family home will make it more likely that the spouse will be awarded primary custody of the… Read More
A Court Interview of the Child
Does the Child Determine Which Parent to Live With? If you are getting a divorce in New Jersey, and child custody will be an issue in that divorce, a court may, or may not, choose to interview your child to help the court determine the best custody arrangement for your child. In New Jersey as… Read More
Divorce And A Family Business
What Will Happen To Our Business? The answer to the question of what will happen to the family business depends very much on what you and your spouse wants to happen to your business. In theory, a family business in which both spouses have an ownership interest is just like any other marital asset subject to equitable… Read More
How to Prepare for a New Jersey Divorce
For Every Minute Spent Organizing, An Hour Is Earned Not the least of the unpleasant surprises that await a party to a divorce in New Jersey is the realization that the divorce process will require the production of a great deal of documentation. From tax returns and insurance statements to the family business’ financial books and… Read More
Alimony and Taxation in NJ Divorce Actions
The Tax Implications of Giving and Receiving Alimony Alimony is the payment of funds from one ex-spouse to another, either to maintain the receiving party in a standard of living comparable to that enjoyed during the marriage, or to compensate the receiving spouse for special contributions or other sacrifices made during the course of the… Read More
Difference Between Marital Property And Separate Property
Marital vs. Separate Property With respect to the division of marital property, New Jersey is an ‘equitable distribution’ state. The touchstone of equitable distribution is fairness to the parties, not equality of distribution. Thus, in a New Jersey divorce action, the marital property is not necessarily, or even commonly, divided 50/50. Courts instead look for… Read More
How Long Does It Take To Get A Divorce In New Jersey?
Length of the Divorce Process A divorce is like a snowflake, in that each are unlike any other of their kind. The number of unique factors in each divorce proceeding means that there is no hard and fast answer to the question of how long any particular divorce proceeding will take. Nevertheless, certain broad predictions,… Read More
Can I Take My Child To Live With Me In Another State?
Moving Children of the Divorce To Another State The answer to the question posed above is: it depends. In the first scenario, where the spouse seeking to relocate with the child or children can obtain the consent of his or her ex-spouse, then there is no problem and that person may relocate. In the second scenario,… Read More
The Basics of Modifiable and Non-Modifiable Alimony
Modifiable Alimony vs. Non-Modifiable If you find yourself in a position either to pay or to receive alimony in a proposed New Jersey divorce settlement, you’ll want to understand the difference between a modifiable scheme of payments and a non-modifiable one. Alimony Payment Scheme In very basic terms, an alimony payment scheme that is modifiable… Read More
