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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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Can I Pay Child Support Directly To My Child?

One of the most important aspects of any divorce settlement is the component of child support. Child support is determined in New Jersey using very specific formulas based on the financial status of both parents, and the needs of the child or children in question. One very commonly asked question of Ocean County child support attorneys is whether or not child support can be paid directly to the child, rather than the custodial parent. Such requests are made due to a number of reasons, for instance: The money that was given for child support was not being used for the intended purpose. ...

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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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Your Divorce Attorney Needs to Know

Every divorce is different, but one thing they all have in common is that individuals involved in a divorce want to keep their family's matters private. While that is certainly an understandable emotion, the fact of the matter is that there are certain things your Ocean County divorce attorney absolutely needs to know, no matter how private those details are, or embarrassing it may be to share them with another person. Things like affairs and abuse are extremely difficult to talk about, but it is important to remember that anything you tell your Toms River divorce attorney is protected under attorney-client...

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Retirement and Alimony Modifications

If you are currently paying alimony, and thinking about retiring, you probably understand the difficult position you are in. Your alimony payments are at least partially based on your current income, and if you retire and that income changes, making your regular alimony payments may become difficult. Many people make the mistake of assuming that they can just modify their alimony payments once they have retired. The problem with this line of thinking is that you will be expected to pay your current alimony payments throughout the course of the modification process, and it is always possible that in the end,...

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Can I Get a Divorce in NJ even if my Spouse Doesn’t Want One?

Many of our Ocean County clients are unsure of their rights in New Jersey when they want to divorce but their spouse doesn't. The simple answer is that anytime you have an "irreconcilable difference" with your spouse, you can file for a no-fault divorce in New Jersey. An irreconcilable difference can include the fact that you wish to divorce and your spouse does not. So while your spouse cannot stop you from filing for and obtaining a divorce in New Jersey, they can contest the terms of your divorce settlement which includes child custody, child support, division of assets, and alimony....

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Child Support – What Constitutes a Material Changed Circumstance?

Child support orders can be modified. When entering a child support order as part of a divorce or paternity action, courts fully expect that the order will need to be modified in the future. As the circumstances of the parents and/or the child changes, what was originally considered to be an appropriate child support order may no longer be so considered. The court may review the original order in light of the parties' current situation and modify the order as appropriate....

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