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Family Law Archives

“Will the Court Let Me Sell the Marital Home Before the Divorce is Final?”

If financial problems did not occur before divorce, they frequently happen during the divorce process. The expenses of one household can double when a couple no longer lives together. Trying to meet mortgage payments while one party is also paying rent, along with all other living expenses, may simply be too much to ask. It’s

“How Will a Divorce Impact Ownership of Our Timeshare?”

If you are getting divorced and the two of you can’t come to an agreement over who will get what property, that decision will be up to a judge. In most cases, the couple will agree on how their marital assets and debts will be divided, or they will attend mediation, arbitration, or collaborative law

For Child Support and Alimony Calculations, Can NJ Divorce Courts Impute More Income than Both Parties Actually Earn?

Calculations of child support and alimony payments are among the most frequently contested parts of any divorce. In simple cases, the lawyers and judges will look each spouse’s income and set support amounts based on current earnings, needs, and overnights with children. However, what happens if one or both of the parties may claim the

Does Your Video of the Ex Violate Final Restraining Order’s “No Communications” Provision?

The New Jersey Appellate Division has clarified the meaning of “no communications” orders in prevention of domestic violence final restraining orders (“FRO’s”).  In State v. D.G.M. , the trial court found the defendant violated his FRO by using a cellphone to record videos and photos of his ex, “Joan”, while attending their son’s soccer game.

Who Decides Who Makes Major Medical Decisions for Children of NJ Divorced Parents?

In a recent custody dispute before the New Jersey Family Court, the trial judge decided that when divorced parents with joint custody cannot agree on a course of medical treatment for their child, the court may appoint one of them the “temporary medical custodian” with the authority to make important health decisions for the child.

Second Jersey Nuptials in the Catholic Church: “How do I Get an Annulment?”

The winds of recent change in the Catholic Church have stirred congregants’ faith about remarrying in the church. Remarriage after divorce has long been considered a sin under traditional Catholicism, unless one of the spouses has died or the marriage has been annulled. An annulment is effected through a court procedure that dissolves the marriage

Do Supplemental Security Income or Social Security Disability Payments Affect NJ Child Support Obligations?

New Jersey law requires both parents to provide child support, which is calculated under the New Jersey Child Support Guidelines (CSG). Child support obligations for most middle income couples are generally based on the income of each party, the alimony one party may pay to the other, and the amount of overnights each party spends

NJ Courts Balance Parental Rights Against Children’s Needs for Defense Against Parental Wrongs

In the past 40 years and increasingly, both federal and state court decisions have recognized fundamental constitutional rights of parents to see, spend time with, and raise their children, without undue governmental interference. There are limits to that doctrine. New Jersey, as do many states, will assert a right of parens patriae — the government

“Why do I Need a College Support Agreement in NJ?”

Divorcing parents have many things to consider, and sometimes immediate needs take precedence over future planning. One area that should not be overlooked during a divorce is planning for college tuition, student fees, and all related expenses. While the couple is hammering out the terms of the divorce settlement, they are well advised to include

“What should I bring to the first meeting with my prospective NJ divorce lawyer?”

There is no one way to prepare for your first meeting with a prospective divorce lawyer.  Things may go well, but they will never be perfect.  Here are some things you can do, in advance, to assure that your first meeting goes as smoothly and efficiently as possible: First, come with an attitude of openness

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