Collaborative Divorce in New Jersey
When a couple is considering divorce, there are many avenues they can take. Whether they choose arbitration, mediation or collaborative divorce, they will have to sit with an attorney to discuss which option is best for them, because every case is different. Collaborative divorce is an alternative to divorce litigation. It is a process where the […]
When Collaborative Divorce Doesn’t Work
Unfortunately, when people agree to decide their divorce collaboratively, they enter into a participation agreement where they agree not to go to court. If the process breaks down and it becomes apparent that there is no chance that a resolution can be obtained through this process, the parties are then free to file for a […]
What is The Difference Between Legal Custody & Residential Custody?
There are two types of custody. Legal custody speaks of who makes the major decisions regarding the health and welfare of the child. In some circumstances, you will have shared legal custody where both parents participate in the decision making. In some circumstances, one parent will have sole custody in making these decisions that depend […]
Grounds For Divorce In New Jersey
Historically, in order to get divorced in New Jersey you would have to prove some type of fault grounds such as extreme cruelty or adultery. Since the enactment of the no-fault statute in New Jersey, a spouse has to simply cite irreconcilable differences as ground for divorce. You no longer get along, there’s no chance […]
Benefits of a Collaborative Divorce
The main benefit of a collaborative divorce is that it reduces the conflict and opens the door for the parties to enter a friendly arena. The parties work with a team to resolve their issues on their own with the help of professionals rather than having the outcome dictated by the court or judge. In […]
Physical Separation During Divorce
Many people ask me, “Should I move out of the marital home while our divorce is pending?” Generally, I suggest that you remain in the home with your spouse during this time. First of all, once you leave the marital home, you lose the right of occupancy. Your spouse can change the locks to the […]
Divorce Laws and Gay Marriage
Now that gay marriage is legal, many people want to know, “Do the same divorce laws apply?” Yes, all divorce laws apply to same-sex couples that want a divorce. They will have to satisfy the same requirements to establish jurisdiction, cite applicable grounds for divorce, resolve the same issues, and end their marriage with a […]
Substance Abuse and Child Visitation
If your spouse suffers from substance abuse or alcoholism, they still have the right to see the children. Of course, this is a stressful situation for the children and the other parent, but legally the parent with addiction issues still has rights despite their struggles. It is understandable that one parent wants to protect their […]
Taking Action Against Abusive Spouses
If your spouse has become abusive and you fear for your safety, you can go to your local police department and obtain a temporary restraining order. This is an order of protection that will prohibit any contact between you and your spouse. In fact, your spouse will be removed from the marital home. In ten […]
Does Adultery Impact A Divorce?
Many people come into my office very hurt and very angry with stories of how their spouse has been unfaithful. The main thing they want to know is, “Can I punish my spouse? Can I get more from the court knowing that my spouse has done something wrong?” Unfortunately, the court does not take fault […]