Articles Posted in Divorce

Those receiving child support or alimony payments rely on that money to pay for their living expenses. Even if the person who pays those support payments (called the payor) always pays on time, a question arises of what will happen to the recipient of those funds in the event of the untimely death of the payor. Life insurance policies are useful in this situation, and are often required, to ensure that the support recipient will continue to receive adequate compensation if the payor dies.

Life Insurance and Alimony

In New Jersey, alimony payments are often secured so that there is a mechanism in place to cover the payments if the payor alimony dies. The rationale is that alimony is awarded because the recipient needs it, and the untimely death of the payor should not unduly affect the financial life of the support recipient.

Amount of Life Insurance Needed to Cover Alimony Payments

The amount of life insurance needed to secure alimony payments can be calculated by multiplying the payment amount by the duration of the alimony payments. Alimony is often ordered to be paid for a limited time rather the indefinitely, either for a set number of years or until a specific event occurs (remarriage of the supported spouse, for example). Since alimony is taxable, you need to deduct the amount of tax to determine the appropriate amount. Continue Reading →

Arbitration is increasing in popularity in New Jersey divorce cases due to its ability to significantly reduce the cost and length of the legal process. New rules that were adopted in 2015 ensure that New Jersey courts are able to review and enforce arbitration awards in divorce cases.

COURT RULE 5:1-5 ARBITRATION

The New Jersey Supreme Court enacted a new rule, Court Rule 5:1-5 which provides rules for the arbitration of divorce matters. Adopted on September 1, 2015, Rule 5:1-5 applies to all agreements to arbitrate and consent orders to arbitrate any family law matter, with the following exceptions:

(a) the final judgment of annulment or dissolution of relationship;

(b) actions involving the Division of Child Protection and Permanency;

(c) domestic violence actions;

(d) juvenile delinquency actions;

(e) family crisis actions; and

(f) adoption actions.

SOURCE OF RULE 5:1-5 – FAWZY V. FAWZY
Continue Reading →

Early settlement is an alternative dispute resolution program for married couples going through a divorce. The goal of the program is to allow the parties to reach a settlement on the issues in dispute early on in the divorce process to avoid the lengthy and expensive litigation process. As is the case with many legal issues, divorce is a much easier process if the parties can at least try to compromise and resolve their issues without going to court.

WHO ARE THE PANELISTS?

The early settlement panel (ESP) is comprised of experienced matrimonial attorneys. Each attorney must have at least 5 years experience in matrimonial law. The panel is usually made up of two to three panelists.

WHAT ISSUES DOES THE ESP ADDRESS?

Matrimonial issues related to finances and property are addressed by the early settlement program. More sensitive issues such as child custody and visitation require a more in depth process and thus are not decided on in the early settlement process. Continue Reading →

The term “legal separation” is used nationwide, but the process can be different depending on your state — and sometimes even within the same state. Technically, New Jersey doesn’t recognize legal separation, at least by that name. You don’t have to file a complaint with the court if you and your spouse want to live apart. You can do so, however, if you want to.

The most common way of separating in New Jersey involves negotiating and signing a settlement agreement. The agreement can resolve issues of custody, parenting time, child support, and spousal support, setting the terms under which you and your spouse will live apart. The agreement becomes an enforceable contract when signed by both spouses. If you eventually decide to divorce, and if the agreement also provides for issues of property and debt distribution, you can ask the court to incorporate its terms in a divorce judgment as a property settlement agreement. You can have an easy, uncontested divorce. Otherwise, there’s no need to file the agreement with the court if your separation is open-ended.

New Jersey also recognizes another form of legal separation called a Divorce from Bed and Board. This option does involve filing a complaint with the court, and you must cite one of the same grounds for divorce that you would use if you were to file for an absolute divorce instead. You can then ask the court to decide custody, visitation, and support issues for you. You can still reach an agreement on these things and submit it to the court without actually ending your marriage. Both you and your spouse must both agree to this option. If you later decide to divorce entirely, you can ask the court to convert your judgment into one of absolute divorce. Continue Reading →

Oftentimes when a divorce case is filed, a party desires a restoration of their maiden name or even a prior surname that may not be the last name she or he had at the time of her birth. There are a number of considerations to keep in mind when it comes to how to change a surname in a divorce case.

Prayer for Relief in Complaint for Divorce

If a party files for divorce, he or she needs to include a prayer for relief requesting a restoration of a prior name in the complaint for divorce. A prayer for relief is a legal request asking a court to take certain action. A party usually is entitled to have not only a maiden name restored but a prior surname that was lawfully used prior to the marriage at issue in the divorce proceedings as long as the party is not attempting to avoid creditors or criminal prosecution. . For example, if the party had been married previously, she theoretically could have restored the surname she used during that time. The same process applies to cases in which a partner in a same-sex marriage desires a name change. Same-sex divorce cases have only recently begun to work their way through the legal system. If a party is the respondent in a divorce case, i.e., the person being sued for divorce, she will request a name change in the response filed to the petition or complaint. Continue Reading →

A question divorce attorneys are often asked is whether their former spouse will have to pay for their legal fees. The reasons why a client may ask this range from the client being of a lower income level than the former spouse and simply needing assistance paying their legal fees, to a contentious divorce case where there are allegations of misconduct against the former spouse that lead to the legal fees in the first place. In both instances the award of legal fees are possible.

DIFFERENT FINANCIAL POSITIONS OF THE FORMER SPOUSES

In some instances the court may require one former spouse to pay the legal fees for the other spouse. The payment of the opposing party’s legal fees may be awarded if one spouse has a low income and the other spouse has a high income. As you may imagine, this scenario is common when one spouse worked outside the home and the other took care of the home or children during the marriage. In those cases, the lower-earning spouse may be unable to pay his or her legal fees. Continue Reading →

My Divorce Was Just Finalized, What Is The Most Important Thing I Do Next?

One of the best things you can do after your divorce is finalized is to read through your divorce judgment and property settlement. You want to make sure that you understand what these documents say, and that they reflect your understanding of what the outcome of the divorce would be. If you find any omissions, errors, or have questions about what anything in these documents means, you should ask your attorney for help.

Do I Need To Do With My Bank Accounts?

By the time your divorce is final you have likely closed your joint bank accounts. If any remain open, you should contact the bank and instruct them to divide the account according to the terms of your divorce judgment.

How Do I Handle Joint Credit Card Accounts?

If a card does not have balance, simply close the account. If the card has a balance, it has probably been assigned to one spouse in the divorce settlement. If your former spouse has to pay the debt, it is important that you stay up to date on whether or not the payments are being made, because if your ex does not pay on time, it will affect your credit as well as his or hers. Continue Reading →

In a divorce you might expect to assign certain items like dining room sets, pots and pans, and even cars to one spouse or another. What most divorcing couples do not contemplate, however, is having to assign the family pet to one spouse.

Under New Jersey law, pets and other animals are treated as personal property, not unlike a kitchen table. But pets have more intrinsic value than a kitchen table, how can their custody possibly be treated as other household goods? In New Jersey there is not a statute in place or established case law contemplating the custody of pets in a divorce case. Questions have arisen more and more frequently about the question of how to handle pets in a divorce, however, and courts have given some guidance on how to best to handle the ownership of pets in a New Jersey divorce.

FACTORS CONSIDERED FOR PETS IN A NEW JERSEY DIVORCE

The court may take into account any of the following factors in determining who to award ownership of the pet to: Continue Reading →

The holiday season often conjures up images of cozy romance around the fireplace, gift exchanges, and delicious family meals. Unfortunately, when you are recently divorced the holidays may prove to be sad reminders of what’s missing in your life. Surviving the holidays after divorce is a common struggle many people face, but with a little planning, you can learn to cope with those feelings of loneliness. Here are five ways to handle the holidays after your divorce.

1. Make plans.

Don’t leave your weekends or holidays empty. If you receive an invitation to someone’s holiday celebration, accept it. It may feel strange to be with friends on the holidays when you are used to spending that time with an ex-spouse, but spending excessive amounts of time at home alone is not a good option. When you are alone it is easier for feelings of sadness to creep in.

2. Create new traditions.

Annual holiday traditions are standard in most marriages, maybe you always used to take a ski vacation together or go to the ballet. It can be tempting to stick with what is familiar and make plans to keep up old traditions on your own. Unfortunately, that walk down memory lane that can be difficult to digest after a recent divorce. Seek opportunities to create new traditions. Instead of ice skating at the park, make plans to volunteer at a local soup kitchen or homeless shelter. Creating new traditions can help you solidify your independence in a fulfilling and memorable way. Continue Reading →