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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 theĀ "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 an “Uncontested Divorce”?

Following up on our article from last week regarding contested divorces, today we will discuss when your divorce may be considered "uncontested", what exactly that means for you, and how the uncontested divorce process works. Uncontested Divorce in Ocean County, NJ When a spouse files the initial divorce complaint, the other spouse is given thirty-five (35) days to respond to the initial complaint. Should they choose to respond to the divorce complaint, their divorce will become "contested", meaning the two parties and their Ocean County divorce attorneys will need to negotiate and decide final terms for their divorce settlement agreement, including child...

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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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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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