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Modernizing Prenuptial Agreements

Since their inception, prenuptial agreements have allowed soon-to-be married couples to clearly define how their marriage will affect their individual and joint financial responsibilities for years to come. Prenuptial agreements can allow these couples to define which of the assets that each party brings to a marriage or financially co-mingled relationship will remain individually owned, which will become jointly-owned assets, and how these assets should be divided in the event that the marriage or relationship should end. However, while prenuptial agreements and other marital agreements have traditionally handled more material assets such as homes and real-estate properties, investment accounts, retirement accounts,...

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Settling Your Divorce: Understanding the Fine Print

When a person begins the divorce process, one of the first things that they can (and probably should) do is speak with an experienced divorce attorney. Barring a spouse's complete lack of willingness to negotiate or some other extreme circumstance, most divorce attorneys will advise their client to attempt to settle their divorce through pre-trial negotiations, rather than relying on the final rulings of a judge who has no knowledge of the unique lives, circumstances, and needs of the divorcing parties and their family as a whole. Of course, settling a divorce rather than relying on courtroom litigation has the benefit...

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Drastic Changes Coming to Alimony Taxation in 2019

Coming in 2019, there will be drastic changes to the way alimony payments are taxed thanks to the release of the "Tax Cuts and Jobs Act". While these changes will only apply to alimony agreements signed after December 31st, 2018 (meaning existing alimony agreements and taxation will remain unchanged), these changes are significant, and may cause you to either wish to finalize your divorce in 2018, or wait until 2019 depending on whether or plan to make alimony payments, or receive them. So what exactly are the changes coming to how alimony is taxed, and how might these changes affect you? Let's...

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What Is a “Contested” Divorce?

Many times, our Ocean County divorce clients will mistake the idea of a "contested divorce" with that of an "acrimonious divorce". While it is true that some divorces, when contested, are done so in an extremely contentious or acrimonious manner, that doesn't actually mean that every contested divorce has to be this way. In fact, many contested divorces are resolved amicably and efficiently through negotiations before ever actually needing to be sent to trial. So what does the term "contested divorce" actually mean, and how can a contested divorce be resolved without relying on a judge's final judgements? Let's take a look. Contested...

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Questions to Ask When Hiring a Divorce Attorney

When you are beginning the divorce process, one of the first things that you should most likely do is to hire a divorce attorney. This process can often involve meeting with several different attorneys until you find one that you feel comfortable with, and whom you believe can best represent your unique needs and concerns in the key divorce areas of child custody, child support, alimony, and marital asset division. However, rather than simply meeting with a prospective divorce attorney and seeing what happens, it is often much better if you can be prepared with several questions to ask your potential...

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Unpaid Child Support, What Are My Options?

When it comes to child support in New Jersey, the New Jersey Child Support Guidelines have helped to standardize what parents should expect to pay, and receive, in terms of child support for their children. These guidelines take into account a number of different factors, including the income and earning capacity of both parents, the needs of the children, and the amount of time each parent is expected to spend with the children based on the existing child custody and parenting time agreement. In a perfect world, these carefully examined child support guidelines would always result in parents being expected to...

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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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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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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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How Old Does a Child Need to Be to Speak to a Judge in a NJ Custody Case?

When it comes to child custody and visitation, it can often be difficult for divorcing parents to reach an agreement regarding both legal and physical custody of their children. Often, a judge is asked to intervene. One factor a judge may consider when making their decision is the preference of the child or children involved, should they "be of sufficient age and show strong capacity to reasonably understand the impact of their decisions". Judges are also allowed to consider the child's preference when ruling on a child custody and visitation modification. Unfortunately, New Jersey law provides no clear definition of exactly...

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