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Category Archive
Divorce
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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

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IS 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

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Consequences 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

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Impacts 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

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Spousal 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

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Divorced 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

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Marriage/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

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Mediating the Divorce

The New Jersey Court Rules require that parties to a divorce be advised of the option to use mediation to resolve their divorce. Mediation can be done with both parties acting pro se or being unrepresented by counsel with the mediator assisting the participants to discuss their concerns and arrive at an agreement. Divorcing couples Read More

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The Alimony Debate

Alimony is financial support paid to a spouse when there is a divorce. It is not paid in all divorce cases. The general economic purpose of alimony is to prevent dependence on welfare benefits and to ensure that a spouse with significantly less income can maintain a reasonable standard of living. When a marriage ends Read More

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When one spouse has debt and the other spouse doesn’t want to file for bankruptcy

At Helfand & Associates, in addition to family law, we have been handling individual and small business bankruptcy cases for over 15 years. If a couple is married, they can file together and the cost is just modestly more than an individual bankruptcy although it includes the debts of both parties. Frequently, a couple even Read More

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