I’m a stay-at-home parent, how can I pay for a divorce?
Divorce lawyers charge their clients for their services. This is nothing shocking. In fact, they charge hundreds of dollars an hour. The better the lawyer, generally, the higher the price tag. In a marriage, there can be a disparity in the parties’ income. Sometimes a family makes the determination that it is better for one […]
I’m Getting a Divorce, Should I Change my Will? Yes!
As a general matter, you should update your Last Will & Testament (Will) whenever you have any significant changes in your life. If you get married, have children (or another child), if you inherit money, buy property, win the lottery… update your Will to reflect these changes. You should also consider updating your Will during […]
Cooperating about college: No is not a complete answer.
It’s June and the time to think about paying for college in the Fall for your recent high school graduate is here. Well, it probably should have been here a few months ago when the college selection process was in full swing. In New Jersey parents can be compelled by the family court to contribute […]
Alimony and Retirement: A new way for courts to analyze motions
In the recent published case of Voynick v. Voynick, the appellate court considered the legal standard to be applied in an application for termination or modification of permanent alimony under N.J.S.A. 2A:34-23(j)(3) based on the retirement of a payor when the judgment or order establishing the alimony obligation was entered prior to the 2014 amendment […]
Is posting on Pinterest about my ex, harassment? Maybe not.
In a recent unpublished domestic violence appeal, the defendant posted on Pinterest over the course of several months various posts about himself and the plaintiff. He posted about their relationship and his affection toward her. None of the posts were violent or threatening. None of the posts were directed toward her. Rather, the posts (from […]
The Curious Case of Michael D. Jones, Deceased and the Need to Change Beneficiary Designations Post-Divorce
Savings bonds. Who still has savings bonds anyway? Well, a lot of people, and it is a common issue in divorce cases. Any asset acquired during the marriage is subject to equitable distribution. Even a savings bond, which would be held in the name of one spouse. The resolution of the issue is simple. Either […]
Capacity to Contract and Divorce Settlements
In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement. The defendant signed a settlement agreement and then later claimed that she lacked the mental capacity to understand what she was doing. The trial court held a hearing and enforced the agreement. After […]
How does the Court Equitably Distribution Assets in a Divorce?
Marriage is a shared enterprise and, as a result, when a marriage is dissolved, the assets acquired during the marriage should be fairly divided by the parties. The court is required to conduct a three-part analysis when determining whether to distribute an asset. First, the court must identify which assets, existing at the time the […]
Equitable Distribution of Assets & The Legal Basis for Valuation of Businesses in Divorces
New Jersey is an equitable distribution state. This means, in plain terms, that the assets and liabilities acquired during a marriage are distributed fairly regardless of whose name they are in. One such asset is what we call a closely held business. A closely held business is owned by an individual or small number of […]
Why do we care about goodwill in divorce?
Lately there have been more and more people leaving traditional jobs and taking consulting positions. Is a solo consultant considered a business to be valued in a divorce? Also, more companies have been treating employees as independent contractors asking them to set up an LLC to be paid. Is that LLC considered a business in […]