Category: Divorce

As Family Law attorneys, we are familiar with the importance of discretion—especially involving sensitive subject matters. We listen to very personal and/or sensitive information from clients regularly, it is part of our jobs. We fully understand that we owe a duty of confidentiality to all of our clients and take that very seriously.

However, this may be the first time you are looking for a divorce attorney. Most people find their divorce attorneys by either word of mouth referrals or online. If you searched for a divorce attorney on a shared computer, you might find yourself lying awake at night wondering if these ads may appear the next time your spouse is logged on. What does not have discretion or a duty of confidentiality is the software that allows the ads to appear online by remembering/recording your recent online searches. Here are a few simple steps you can take to prevent an unfortunate situation of your spouse seeing an ad for a divorce attorney or law firm while shopping online.

Read More about Tips for Searching For a Divorce Attorney Online Without Your Spouse Knowing

One of the most often asked questions about equitable distribution of marital assets is how a retirement asset is divided between spouses. The answer depends in large part on what type of retirement account is being divided, and what rules are associated with the retirement account.

All retirement accounts are not alike. The first question that must be asked is what type of retirement account are you dealing with? Generally, retirement plans are one of two types: a defined contribution plan, or a defined benefit plan.

Read More about Dividing Retirement Benefits in a Divorce

The past year has been difficult for many, and with deaths surpassing 400,000 in the United States due to COVID-19, many people in the midst of a divorce want to know what happens in the event their spouse becomes incapacitated, or worse, dies while a divorce is proceeding.

Read More about What Happens to My Divorce if My Spouse Passes Away or Is Incapacitated?

They say that the devil is in the details, and one of those details in a divorce is life insurance. Once all terms of an agreement are reached, the issue of life insurance has to be addressed. When cases do not settle, and a judge has to decide the issues of alimony and child support, the law governing support allows the judge to order life insurance to secure the obligation.

Read More about Life Insurance in a Divorce, Why You Need It and How Much You Need

Judges don’t always get it right, so what happens when a party of a matter believes the decision of the judge was wrong? This answer is a bit complicated in Family law cases, and often depends on what stage the case is in.

Read More about The Judge Got It Wrong- Now What Do I Do?

Courts are asked to review electronic evidence more than ever, particularly in the age of the pandemic. You never know when or where the next video camera or recording device is going to show up. Particularly, when you’re in the middle of a contested divorce, if there are custody issues, caution is key. In addition to the obvious cell phone recordings, evidence in family law matters often comes from “nanny cams”, doorbell cameras, recordings of Zoom and FaceTime meetings, apps on cell phones to track locations, and other electronic marvels.

Read More about Videos, Recordings, and Other Electronic Evidence in Family Law Cases

With divorce rates spiking, some couples want to know their options for separating in 2020.

All relationships involve a degree of conflict—and it’s normal to argue more during stressful times. From worrying about your health and the health of your loved ones to facing increased financial uncertainty, all of the classic marital stressors have been amplified by the events of 2020.

Read More about Divorce Rates and COVID-19

Several months into the COVID-19 pandemic, the daily lives of most people have changed in many ways. With many people still desiring to find companionship, dating websites and mobile applications have provided somewhat of a substitute for traditional in-person dates, which are no longer feasible during the pandemic.

What happens if the relationship you’ve developed in these virtual settings goes awry, and the continued virtual contact becomes unwanted, threatening, malicious, and/or harassing? Can you obtain a restraining order to prevent further contact?

Read More about Domestic Violence: What is a Dating Relationship?

In recent weeks, the Administrative Office of the Courts has released its statistics, and the news is not surprising. The courts in New Jersey are facing an unprecedented backlogs, and the Family Court has been hit particularly hard.

For those facing divorce, custody issues, post judgment issues, or any family matter, there are alternatives to consider.

Read More about The Pandemic Has Hit the Family Courts – What Should I Do Now?

An individual’s child support obligation is calculated utilizing several factors, the most important of which is the income that the individual earns. Usually a person’s income is calculated by looking at the salary and any appropriate deductions, including taxes, health insurance premiums, mandatory retirement or union dues. Some people have the opportunity to work overtime, which adds to their yearly income. The New Jersey Child Support Guidelines contains a provision that states if a person has sporadic income as a result of overtime or a second job, an average will be calculated for purposes of child support. The guidelines further provide that the court is able to exclude sporadic income if the party can demonstrate that it would not be available in an equivalent amount in the future. Read More about If You Refuse Overtime, Are You Underemployed?