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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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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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Fathers’ Rights in New Jersey

We represent both mother and father zealously in custody/parenting situations. The law in New Jersey is extremely favorable to dads – not a single aspect of the law is gender biased. The goal in a custody case is to achieve what is in the best interest of the child or children in the particular family. 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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What Happens to Gifts or Loans if the Couple Does Not Get Married?

Traditionally, when a man proposes marriage, he gives his fiancé an engagement ring. This ring is a gift in contemplation of marriage. It is not the same as other jewelry which are gifts that may be given in a dating relationship but does not carry with it the commitment to marry. If the couple breaks Read More

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My spouse and I own a business together. How will a judge split the business?

Businesses have value and are considered assets for division pursuant to the equitable distribution law. Typically, in a divorce, an accountant values the business. The accountant, among other things, reviews the tax returns, books and records of the business for several years, obtains information from the business owners, and accountant of the business and researches Read More

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Working to Resolve Custody

Many divorce cases involve minor children with parents who struggle to get along. The tension between parents may leave them unable to make joint decisions for the best interests of the children. Throughout the divorce process, parents have the opportunity to achieve child custody, child visitation, and parenting plans that are workable for them and Read More

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