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QUESTION AND ANSWER TO SAVE FEES

Q.     How much will a divorce cost in New Jersey? A.     It is impossible to give an estimate for a litigated divorce. People have different issues: Domestic violence, custody, valuations of business, income and tax problems.  Some just can’t settle. Some attorneys and parties know how to work on settlement, others just know Read More

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Getting an Annulment in New Jersey – McCormack v. Xie

Annulment is an alternative to divorce in which a court concludes that a marriage is invalid. Unlike an actual divorce, in which a court legally terminates a marriage, an annulment determines that the marriage never existed in the first place. An annulment may be granted on only very limited grounds, including that one spouse was Read More

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The Importance of Carefully Drafting Settlement Agreements in New Jersey Divorce Cases – Gilmore v. Salem

Settlement agreements often offer divorcing spouses an opportunity to resolve many or all of the issues related to their split in an effective and mutually agreeable way. It is important to remember that these are legal documents, however, and that they should be carefully crafted by an experienced family law attorney. A recent case out Read More

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Alimony on a Fixed Income in New Jersey – Brown v. Brown

When a person who is paying or receiving alimony wants to change the arrangement – whether it’s to increase, decrease, or stop the payments altogether – he or she usually has to show a court that there’s been a change in circumstances to justify the request. As a recent case out of New Jersey’s Superior Read More

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Impact of Retirement on Alimony

One of the many questions that often come up in spousal support or alimony cases is whether the support payments continue after the ex-spouse making those payments retires. Alimony may be terminated or modified upon the prospective or actual retirement of the obligor.  An Act concerning alimony was passed in 2014 which applies to divorce Read More

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Paying Spousal Support after Retirement in New Jersey – Healing v. Healing

New Jersey law generally presumes that spousal support or alimony payments should be terminated when the person making the payments retires. This general presumption is rebuttable, however. As the state’s Superior Court recently explained, courts will not use the presumption to undo or modify an agreement between former spouses about how they will handle alimony. Read More

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Want to Get Away? Why You Should Think About Child Custody Before You Move out of Town – Dwyer v. Dwyer

Child custody and support matters involve complicated legal issues that require the counsel of an experienced attorney. There are specific types of custody which have legal significance affecting each parents’ rights, responsibilities and the status of the children.  In any proceeding involving the custody of a minor child, the rights of both parents are equal. Read More

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Cohabitation Issues in New Jersey Divorce Cases: Robitzski v. Robitzski

Former spouses eventually move on with their lives after a divorce, including by starting new relationships. Those relationships can raise some tricky legal issues in cases in which one former spouse is paying the other alimony. New Jersey law allows a court to terminate or suspend alimony payments when a spouse receiving those payments “cohabitates” with Read More

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How New Jersey Courts Decide Relocation Requests – Bisbing v. Bisbing

A number of tricky legal questions can come up when a couple with kids decides to divorce. These include how to handle a situation in which the parents split custody and one decides that he or she wants to move out of state. New Jersey’s Superior Court recently gave us a quick glimpse at how judges Read More

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Calculating Income for Child Support Purposes – Gomez v. Gomez

One of the factors that courts look at in setting a child support award is each parent’s income. As New Jersey’s Superior Court explained in a recent ruling, a judge has the right to consider both what a parent is actually making and what he or she could be making. Husband and Wife were married Read More

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