A Legal presumption of exactly equal shared physical custody; even when the parties disagree?
Society has advanced tremendously so that both mothers and fathers can be caretakers and financially contributing to the children. Courts in New Jersey also really do consider both mothers and fathers equally capable and entitled to have physical custody of children. Legal custody, i.e. decisions regarding health, education, and welfare of the children, is almost Read More
Read MoreIS YOUR STOCK OPTION WHICH VESTS AFTER THE COMPLAINT FOR DIVORCE IN OR OUT OF THE MARITAL POT FOR EQUITABLE DISTRIBUTION?
STOCK OPTION – A benefit in the form of an option given by a company to an employee to buy stock in the company at a discount or stated fixed price. Stock options are an important part of compensation for many individuals. They are issued by an employer to either show appreciation for work done Read More
Read MoreConsequences for Violating Court Orders
What happens if a party fails to follow provisions of a court order or Judgement of Divorce? An order, be it a consent order, a Judgment of Divorce incorporating a Property Settlement Agreement, or any order issued by a judge are all enforceable by law. Violation of an order can result in serious penalties. A Read More
Read MoreExpungements – Changes to the Law Effective October 2018
Recent changes to the Expungement Statutes are designed to shorten waiting periods and expand eligibility for expungements. Disorderly person’s offenses are those which had been handled in Municipal Court. Crimes are those addressed in Superior Court. Before an expungement complaint is filed, it is necessary to have an official Criminal Case History. This will identify Read More
Read MoreImpacts of Divorce in Immigration and Naturalization
Divorce & Conditional Resident Status When an immigrant applies for permanent residence “green card” based on their marriage to a U.S. citizen, the immigrant is first granted a “conditional permanent residence” until the couple has been married for two years. Conditional permanent resident status lasts for a period of two years. Within ninety (90) days Read More
Read MoreMUNICIPAL COURT DEFENSE – REFUSAL TO TAKE ALCOTEST
A driver in New Jersey who refuses to take an Alcotest will receive a Summons for this refusal, and a Summons for Driving While Intoxicated. Another Summons for a driving violation that identifies the probable cause to stop the driver will also be issued. Any person who operates a motor vehicle in New Jersey is Read More
Read MoreSpousal Support/Alimony
In New Jersey the law governing spousal support changed in 2014 with the Amendment of the Alimony Act. A shift in the law and subsequent cases more nearly equalizes the rights of divorcing spouses to both be able to live the former marital lifestyle and if it is not possible, both spouses will have to Read More
Read MoreDivorced Parents’ Obligation To Pay For College Costs And Support For Their Children
In the State of New Jersey, divorced parents can be responsible for the costs of their children’s college. In addition to college costs, such as tuition, books, and application fees, child support may still be ordered for other items that are not directly college costs. Once a child goes away to college, the New Jersey Read More
Read MoreMarriage/Domestic Partnerships/Civil Unions/Cohabitation/Palimony
ENFORCEABLE AGREEMENTS FOR COUPLES Solemnizing a relationship ensures legal rights for the parties. It offers protections and privileges that a committed couple can provide for each other. On June 26, 2015, the U.S. Supreme Court ruled that same sex marriage bans are unconstitutional and same sex couples can legally marry anywhere in the United States Read More
Read MoreThe Law Concerning Fathers Rights When the Child is Not Yet Born
A FATHERS INFLUENCE HAS LIFELONG EFFECTS ON HIS CHILDREN. FATHERS ARE CONCERNED CAPABLE PARENTS AND MUST HAVE ADEQUATE CUSTODY AND PARENTING TIME. It is the father’s right to enjoy his children and it is his responsibility to provide guidance and attention to them. Child support is more than money payments, which alone do not meet Read More
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