Family law disputes, from divorce to child custody cases, can be costly endeavors. However, in certain circumstances, you may be able to recover attorney’s fees from your spouse. Let’s delve into the situations where this might occur in New Jersey. Understanding the Basis for Awarding Attorney’s Fees Under Rule 5:3-5(c) of the New Jersey Court…
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What Happens to Your Child Support if You or Your Spouse Move to a Different State?
We live in mobile society where individuals often move across state lines for many reasons. One may relocate to pursue a degree, find a new job, or be closer to family. Considering the commonality of this experience, you may be wondering if relocating makes a difference for your child support order. Answer: States across the…
Read More »Do You Get to Keep Your Inheritance in a Divorce?
Under New Jersey law, inherited assets are exempt from equitable distribution and remain the separate property of the spouse that inherited the property. This means that they cannot be distributed to the other spouse in the event of a divorce. However, there are exceptions to this general rule. If you have a particular question about…
Read More »Discovery and Divorce
What is Discovery? During the divorce process, there is a period known as the discovery period. The length of this period can be decided by the attorneys involved or the judge in the case depending on the circumstances. The standard discovery length is 120 days from service of the divorce complaint. This period is a time…
Read More »Spying on Spouses in New Jersey
We live in a world surrounded by technology. Every day, more and more of our lives and interactions are recorded on social media, text messages, emails, and photos. Individuals in the process of divorce increasingly want to use this type of documentation as proof of their claims. For example, an individual may be concerned that…
Read More »Parental Rights and Child Support
Question: I want to sign over my parental rights and stop paying child support. The woman who had my baby agreed not to keep it, but then changed her mind after we stopped seeing each other. By the time I found out, she was already close to her due date. She put me on child…
Read More »The Case Information Statement in New Jersey
I’m often asked by my clients, “Why do we need to fill out one of these Case Information Statements?” The answer is fairly simple. The Case Information Statement (CIS) is a snapshot of your financial situation during the marriage. This financial picture is important because future financial support and equitable distribution of marital assets depend…
Read More »Documents Needed to File for Divorce in New Jersey
If you are considering filing for divorce in New Jersey, it may beneficial for you to speak with an attorney about the legal issues involved. However, I can tell you from personal experience that the very first step once you have made the decision to file for divorce is to gather the documents you need…
Read More »College Expenses and Divorce in New Jersey
Higher education affords many opportunities and the New Jersey Superior Courts consider it a necessity, despite the high cost of college expenses. To understand why the Court orders divorced parents to pay for their children to attend college, one must look to the leading case of Newburgh v. Arrigo, 88 N.J. 529 (1982). The…
Read More »Custody and Parenting Time
When I talk to clients, I hear many reasons that going through a divorce induces stress from financial concerns to emotional dilemmas. A divorce becomes especially complicated when decisions need to be made regarding custody and parenting time for the children involved. Parents should consider both legal and residential considerations when it comes to custody and…
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