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What Happens to Debt in My Divorce?

As more and more Americans use debt to pay for their expenses both large and small, the question of "what happens to debt during divorce?" becomes more and more relevant to anyone going through a divorce in New Jersey. While debt is treated much the same way by the courts as other marital assets when it comes to the equitable distribution process, credit card companies and certain other lenders are not bound by court orders regarding the division of debt. This makes it that much more important that you speak with your Ocean County divorce attorney regarding how to best divide...

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Leaving the Family Home During Divorce

Living with a spouse whom you are in the process of divorcing can be extremely difficult for many reasons, even in the most amicable of situations. In more contested divorces, leaving the home you share with your spouse and possibly your children may be the best thing for every party involved. However, unless you are concerned about incidents of domestic violence or abuse, it is highly recommended that you speak with an experienced Ocean County divorce lawyer before actually leaving your home during a divorce, as this decision may have ramifications down the line in terms of your final child custody...

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How Much Will My Divorce Cost?

One of the most commonly asked question by our Ocean and Monmouth County divorce clients is how much we think their divorce will cost. Understandably, this is a very real concern for many people beginning the divorce process, but unfortunately there is no easy answer to this question. Unlike personal injury law, in which attorneys frequently work on a "contingency fee" basis, NJ Court Rules prevent divorce attorneys from doing the same. This means that your Ocean County divorce lawyer will instead need to charge you based on the time they spend helping you to resolve your divorce. Since time is the...

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How Is Custody of a Pet Decided During Divorce?

Considering the close relationship that many people develop with their pet, it is no surprise that pet custody is quickly becoming one of the most contentious issues to be decided during a divorce. Part of this difficulty stems from the fact that often times, both parties of a marriage develop close relationships with a pet, and are concerned about maintaining this relationship after their divorce. The other part of this difficulty arises from how the law views pets, and how this viewpoint affects how a judge will rule when it comes to determining custody of a dog, cat, or any other...

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The Five Types of Alimony and Spousal Support

Alimony, sometimes referred to as spousal support, is often one of the most important, and contentious, issues that will need to be decided during any Ocean County divorce. In general, alimony is designed to help one spouse who has traditionally been financially dependent on the other to maintain their standard of living after their divorce, and in many cases help them achieve financial independence. While there are specific factors which any family law court will consider when determining an alimony settlement, these factors offer a rough guideline at best, and your alimony settlement will often depend upon the evidence and arguments...

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NJ Supreme Court Changes Child Relocation Laws

On August 6th, 2017, the New Jersey Supreme Court ruled on the case of Bisbing v Bisbing. As an outcome of their ruling, the NJ Supreme Court has overturned 20 years of prior case law regarding how child relocation requests and hearings are handled. This ruling is extremely important for any parent who is considering an out-of-state relocation with their children, or a parent facing a pending relocation of a former spouse and their children. Let's take a closer look at the ruling, and how exactly NJ relocation laws have changed as a result.   The Case of Bisbing v Bisbing Ocean County Relocation...

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Bird’s Nest Child Custody Arrangements

One of the most difficult issues to decide during any Ocean County divorce or legal relationship dissolution is that of child custody and parenting time. Often, both parents want to play an active role in the lives of their children, and while a shared custody 50/50 arrangement may be the fairest thing for the parents, it can often be difficult for the children involved to constantly move back and forth between the homes of their parents. However, there is a type of child custody arrangement that has been growing in popularity which addresses this issue specifically. Known as "nesting arrangements" or...

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Will I Lose my House in the Divorce?

One of the most common questions our Ocean County divorce clients ask of us is "Will I lose my house in the divorce?". Sadly, there is no easy answer to this question. Homes are treated the same as other assets such as family owned businesses and real estate properties during a divorce, and in order to answer this question, you and your Ocean County divorce attorney will have to discuss several key factors. Spring Lake NJ Attorney Considers Prenuptial Agreements The first and most important factor to consider in any divorce is whether or not a signed prenuptial agreement exists between the...

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Why You Should Sign a Prenuptial Agreement

Many people are hesitant to bring up the idea of a prenuptial agreement with their fiancee or spouse. They fear that by bringing up the idea of protecting themselves in the possibility of divorce, their partner will think they plan to divorce. Having a prenuptial agreement in place, however, does not mean that either party plans to divorce, merely that they are taking prudent steps to protect both of their futures against every possibility. In addition, couples who create a prenuptial agreement demonstrate that they are capable of having important discussions about important matters in an intelligent, and adult manner,...

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Divorcing an Abusive or Violent Spouse

Many victims of domestic violence and abuse fear that, should they file for divorce, they may only antagonize their abuser, and risk the safety of themselves and potentially their children. The good news is that New Jersey domestic violence laws provide many protections for victims of abuse, and there are a great deal of different resources available to parties seeking to separate themselves from abusive relationships. Domestic Violence Ocean County Attorney Domestic Violence can not only be physical abuse, but emotional and financial as well. The 1990 Prevention of Domestic Violence Act states that the following actions are considered to be a form...

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