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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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What Is a Cost of Living Adjustment?

If your child support agreement is such that you are paying or receiving support through the Probation Division, then your child support agreement will be subject to what is known a "Cost of Living Adjustment (COLA)". Following Court Rule 5:6B, all child support payments which are made through the Probation Division will automatically increase every two years in accordance with the assumed increase to the cost of living. But how are Cost of Living Adjustments calculated, and can a COLA be contested? Let's take a look. Calculating an Ocean County Cost of Living Adjustment Cost of Living Adjustments are based upon the estimated increase in the...

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Child Support and Paying for College

One of the most commonly asked questions of our Ocean County child support law firm is "Can my child support agreement include support for my child's college education?". Considering the importance a college education has on the career opportunities available to anyone in New Jersey, as well as the expense of securing any post-secondary education, it is clear why parents would be concerned with this issue. However, while there is now a number of precedent setting cases which establish the legal belief that a child's education is a necessary expense for the child's parents, that doesn't necessarily mean that your child...

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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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What is the Child Support Probation Division?

The New Jersey Child Support Probation Division is a part of New Jersey's Department of Human Services. It is designed to act as a third party which monitors, records, and enforces child support payments. During a divorce involving parents of children, one critical part of your divorce settlement agreement will be that of child support. While the amount of child support the obligor will be expected to pay is determined using a strict set of guidelines found here, one important aspect of your child support settlement you will have to decide is exactly how those payments are made. Unless you and your Ocean...

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