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Navigating a New Jersey divorce can be emotionally challenging and even financially draining. With this duly noted, you must be vigilant to avoid giving away your power during the marital dissolution process. Unnecessarily (even dangerously) relinquishing your power in a New Jersey divorce can have dire and long-lasting consequences. These include everything from agreeing to unfair asset and debt division to losing child custody. There are a number of time-tested tactics you should consider employing to better ensure that you stay empowered and protect your rights during a New Jersey marriage dissolution case.

Understand New Jersey’s Divorce Laws and Recognize What You Don’t Know

Knowledge is your first line of defense in a divorce. For example, New Jersey utilizes what is known as equitable distribution or division standard when it comes to marital assets and debts (and who gets what). Under the equitable division of property standard, assets and debts are divided in a manner that is deemed just and equitable under the facts and circumstances of a particular case. You need to bear in mind that ​equitable does not mean equally. Courts consider a variety of factors that include:

  • The marriage’s duration
  • Each spouse’s earning capacity
  • Contributions to the ​marriage

Child custody decisions hinge on another judicial standard used in a New Jersey marriage dissolution case. This is the best interests of the child standard. In basic terms, the best interests of the child standard keeps the focus on the child’s well being above other issues when it comes to matters like custody, parenting time, and support.   Continue Reading →

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A New Jersey child custody case has the potential to be among the most complicated legal proceedings in a court in the Garden State. Navigating a New Jersey child custody case typically is an emotionally charged and legally complex process. While the idea of self-representation might seem appealing to avoid attorney fees or to maintain personal control, that is not necessarily the best approach to take this type of proceeding. Self-representation oftentimes leads to unfavorable outcomes for a party to child custody proceedings. There are a number of significant, key reasons why you should not represent yourself in a New Jersey child custody proceeding.

 Lack of Legal Knowledge Can Hurt Your Case

At the outset, it is important to understand that New Jersey family law is intricate and continually evolving. Custody decisions hinge on the “best interests of the child.” This is a legal standard that requires a detailed understanding of legal statutes, case law, and judicial discretion. The bottom line is that without a legal background, you may misinterpret rules, miss deadlines, or fail to present essential information. Making these mistakes can have a devastating impact or effect on your position in a child custody proceeding.

Courtroom Procedure Is Not “User-Friendly”

New Jersey family courts operate under what are considered strict procedural guidelines. Family court judges expect all parties to follow court rules and protocols, submit the correct documentation, and meet filing requirements. This is required whether or not a person appearing before the court is an experienced attorney or an inexperienced party to a divorce case. The reality is that missing a single procedural detail, such as a required form or deadline, can result in your case being delayed or even dismissed. Attorneys are trained to navigate these procedures seamlessly. A layperson simply is not. Continue Reading →

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When a marriage ends, the period of separation and divorce can be tumultuous, emotional, and legally complex. One key decision that can significantly influence both the legal outcome and emotional well-being of those involved in a New Jersey marriage dissolution case is whether to live with a significant other during this time. There are a number of facts and factors to bear in mind when it comes to living with ​a significant other during divorce.

Negative Impact on Custody and Parenting Time

In a New Jersey divorce proceeding, the best interest of the child is the paramount consideration when determining custody and parenting time arrangements. Introducing a new partner into the household, especially during an ongoing divorce, can raise red flags in the eyes of the court. Judges may question the stability of the child’s living environment, the character of the new partner, or whether the cohabitation is confusing or even potentially emotionally harmful to the children.

In some cases, the presence of a new partner can be used by the other parent to argue for limited custody or supervised parenting time. This particularly is the case if the romantic partner has a questionable background or if the transition for the children has not been handled with care. Continue Reading →

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Spousal financial abuse is a form of domestic violence where one partner controls or exploits the other partner’s financial resources. This form of abuse can manifest in various ways, making it difficult for the victim to achieve financial independence or feel secure. Some common tactics include controlling access to bank accounts, where the abuser might not allow the victim to have their own bank account or insist on monitoring all transactions.

The overarching goal of spousal financial abuse is to gain power and control over the victim, making it extremely challenging for them to leave the relationship or achieve financial independence. Financial abuse can have long-lasting impacts, not only on the victim’s financial stability but also on their mental and emotional well-being. Continue Reading →

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In a majority of New Jersey marital dissolution proceedings, the parties to the cases have in-laws that may be orbiting around and about. With this in mind, there are strategies to bear in mind when it comes to dealing with in-laws during the course of a New Jersey divorce.

Stay Calm

A divorce is an emotionally taxing experience, and interactions with in-laws can sometimes add to this strain. Despite the heightened pressure and potential for conflict, it’s imperative to keep calm and composed during any discussions or confrontations. Maintaining a cool demeanor can not only prevent the situation from spiraling out of control but also pave the way for more constructive conversations. It might seem challenging at times, but striving for serenity and calm during these interactions can prove immensely beneficial.

Set Boundaries

Amid the tumult of New Jersey divorce proceedings, it’s crucial to establish clear boundaries about what topics are permissible for discussion. These boundaries can encompass a variety of areas, from your personal relationship with your ex-spouse to financial matters or plans for the future. It’s essential to communicate gently but firmly to your in-laws what you’re comfortable discussing and what topics you’d prefer to avoid. By doing so, you can guide conversations in a direction that’s more comfortable for you and potentially sidestep unnecessary conflict. Continue Reading →

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If you are a noncustodial parent, you undoubtedly want to make the most out of parenting time with your child or children. With that in mind, there are a number of important steps to take to best prepare for enjoyable parenting time with your child. We take a look at nine key steps to prepare for enjoyable parenting time:

  • Plan activities
  • Establish routine
  • Prepare meals
  • Discuss expectations
  • Be patient
  • Stay positive
  • Listen to your child
  • Be flexible
  • Enjoy your parenting time

Plan Activities

One of the first steps you can take to prepare for quality parenting time with your child is to plan engaging activities. Brainstorm and create a list of activities that both you and your child can enjoy together. This could range from playing an interactive board game, taking a scenic trip to the local park, indulging in a creative craft project, or reading an enriching book together. Having a variety of activities planned can not only keep your child entertained but also build their excitement about spending time with you.

Establish Routine

Children tend to thrive in structured environments. Therefore, making an effort to establish a routine for the time you spend with your child can be incredibly beneficial. This routine can encompass regular mealtimes, nap times, and bedtimes. A routine provides a sense of security and predictability, helping children understand what to expect during their day and making them feel more secure and comfortable. Continue Reading →

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If you are one of many people in the Garden State who might be thinking of divorce at this time, you may have a feeling of being alone, isolated. When it comes to divorce in New Jersey, perspective can be helpful. With this in mind, we provide you with some key statistics about divorce in New Jersey.

New Jersey Divorce Rate

The divorce rate in New Jersey currently stands at approximately 2.7 divorces per 1,000 population. This significant figure provides a reliable insight into the prevalence of divorce within the state, indicating a fairly high frequency of marital dissolution.

Interestingly, New Jersey’s divorce rate is lower than the national average in the United States, which is approximately 3.2 divorces per 1,000 population. This implies that marriages in New Jersey tend to be slightly more resilient and enduring compared to the national average.

Remarkably, New Jersey boasts the lowest divorce rate in the Northeast region of the United States. This suggests that, compared to its regional counterparts, New Jersey fosters a relatively stable environment for marriages, possibly due to a combination of socio-economic factors and state policies. Continue Reading →

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A variety of persistent New Jersey divorce myths and misconceptions exist. We take a moment to dispel some of these commonplace mistaken beliefs about New Jersey marriage dissolution cases.

Divorce Always Leads to a Bitter Court Battle

Many people believe that divorce automatically results in a hostile and contentious court battle. While some divorces do involve disputes, it’s important to note that many couples are able to reach amicable agreements through mediation or collaborative divorce. These alternative methods of dispute resolution can help minimize conflict and promote a more positive outcome for both parties.

Mothers Nearly Always Get Custody of the Children

Even in 2024, there is a fairly common misconception that mothers always receive custody of the children in a New Jersey divorce case. However, child custody decisions are actually based on the best interests of the child. Factors such as parental involvement, stability, and the child’s needs are taken into account when determining custody arrangements. Both parents have an equal opportunity to demonstrate their ability to provide a nurturing and supportive environment for their children.

Divorce Nearly Always Involves Infidelity

Infidelity is often cited as an underlying cause of a New Jersey divorce, but it is important to recognize that there are often multiple reasons that contribute to the breakdown of a marriage. Issues such as communication problems, financial difficulties, or incompatible goals can also play a significant role in the decision to divorce. It’s important to avoid assuming that infidelity is the sole cause of all divorces.

A New Jersey Divorce is Easy if Both Parties Agree Continue Reading →

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Divorce can disrupt the stability and routine that individuals rely on, leading to increased anxiety and depression. When a marriage ends, individuals may lose the sense of familiarity and predictability that they once had in their lives. This loss of stability can trigger feelings of uncertainty and insecurity, which can contribute to anxiety and depression. In this article we discuss the possible connection between divorce and anxiety and depression.

Divorce and Stress

In considering the connection between divorce and anxiety and depression, we need to look at the overall level of stress that can be associated with marriage dissolution. The process of divorce often involves high levels of stress, which can contribute to the development or exacerbation of anxiety and depression. From making the decision to separate to navigating the legal proceedings, divorce can be a highly stressful experience. The constant emotional and logistical challenges that arise during this process can take a toll on individuals’ mental well-being and contribute to the onset or worsening of anxiety and depression.

Divorce and Loss, Grief, and Loneliness

Divorce can lead to feelings of loss, grief, and loneliness, which are common triggers for anxiety and depression. The end of a marriage can bring about a profound sense of loss, not only of the relationship itself but also of shared dreams, goals, and future plans. This loss can evoke feelings of grief and sadness, which can contribute to the development of anxiety and depression. Additionally, the loss of a partner can leave individuals feeling lonely and isolated, further impacting their mental health. Continue Reading →

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Separation or divorce is never an easy situation, especially when children are involved. This can particularly be the case when younger children are part of the family. One of the biggest challenges that parents might face after separation or divorce is preparing their child for their first overnight parenting time session. This can be a stressful and emotional experience for both the parents and the child. However, with some planning and preparation, parents can help their child have a positive experience during the first overnight parenting time with the noncustodial parent.

Communicate with Your Child

 Before the overnight visit, talk to your child about what to expect during the visit. Explain that it is a normal part of spending time with both parents and reassure them that you will be back to see them soon. Acknowledge that your child may have some concerns or questions about the planned parenting time and encourage them to express themselves openly.

Visit the Location Beforehand

 If the overnight parenting time is taking place in a new location, try to visit beforehand so your child can become familiar with the surroundings. This will help your child feel more comfortable and confident when they arrive for the overnight visit. If it is not possible to visit the location beforehand, consider sharing pictures or videos of the place with your child. Continue Reading →

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