Articles Posted in Divorce

If my former spouse agrees, can I stay on his or her employer-provided health insurance plan?

No. Once you are divorced, you are no longer “family” for the purposes of the family health insurance plan. Regardless of whether your spouse agrees, the health insurance company will not cover you on your former spouse’s family plan once the divorce is final.

I want to keep the same health insurance plan, but it was through my former spouse’s employer. Can I keep the same plan and pay the cost myself?

Yes. COBRA is a federal program that allows certain people to continue receiving health insurance when it might otherwise be lost due to a job loss or divorce. COBRA will allow you to keep the same plan you had before, but you should be aware that the premiums they charge will be much higher than the employer-provided plan. Additionally, COBRA is meant to be temporary, and only lasts up to 36 months. To take advantage of COBRA you must sign up within 60 days of your divorce.

If I can’t stay on my spouse’s family insurance plan, how will I get health insurance?

There are a few ways to obtain health insurance on your own. Usually the best way is to enroll in a plan through your employer, if possible. The plans available through an employer are usually more affordable. Another option is to purchase your own health insurance policy. Additionally, COBRA (discussed above) is an option for continuing health coverage. Continue Reading →

Over half of the adult population in the United States has been through at least one divorce. Many divorced individuals move on and remarry and find themselves in a more successful relationship, but some people get divorced and lose confidence in their ability to have a happy healthy relationship. If you are someone that is ready to build a happy and lasting relationship, there are a few factors you can take into consideration to lower your odds of divorce. Here are the top five causes of divorce.

1. You married for the wrong reasons.

It seems like common sense that getting married for status or money can lead to an unhappy union that ends up getting cut short by divorce. However, there are other reasons you should avoid saying “I do”, many couples marry due to unplanned pregnancy or to cope with their own feelings of loneliness. One way to avoid this pitfall is by truly examining your motives for marriage before you set the date, determine if you truly love the person you are with or if you are simply afraid of being by yourself.

2. You lose your individuality.

Compromise is a healthy part of every relationship. Every couple should expect to make sacrifices occasionally to build a strong and happy marriage. Unfortunately, many couples make the mistake of hyper-focusing on their relationship to the point that they lose any sense of personal identity. This kind of co-dependency can lead to misunderstandings, arguments and hurt feelings. It is important that each person in a relationship maintains their own interests and provides their spouse with enough room to do the same. Continue Reading →

There are so many factors involved in a divorce, it is wisest to have a “game plan” in place from the beginning. Though part of that is certainly hiring an experienced and competent attorney, there are things that you can, and will have to, do on your own to provide your attorney with everything they will need to best protect your interests.

Looking Ahead to Distribution of Assets

Because part of your divorce involves the distribution of assets, you need to put yourself in a position of knowing those assets, documenting them and obtaining as much of the relevant documentation that you can.

• Financial Accounts: Begin making copies of all documents involving financial accounts such as all bank accounts, retirement accounts, investment accounts, trust agreements, stock records, stock options and life and other insurance policies. Copy statements, ledgers, anything that provides information as to deposits, withdrawals and activity on such accounts. These accounts will be divided, so you want the documents to show the value of these accounts.
• Other Personal Property: This includes assets such as your cars, boats, trailers, cash, furniture and furnishings in your home or homes. It is a good idea to photograph the larger items and take a video around each room in your home(s).
• Real Property: Make copies of deeds, tax bills, if income property copy leases, rent receipts, expense receipts, mortgage statements and any documents that support value of the property. Occasionally people have current appraisals. If that is the case, make a copy.
• Debt: Make copies of any and all bills and loan documents such as auto loans, charge statements, medical bills, tuition statements, all with records of payment.

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Divorce that occurs later in life, sometimes referred to as “Grey Divorce” or “Mature Divorce” carries with it special considerations than those divorce cases that occur earlier in life. While child custody and support are often less of a concern; things like retirement accounts, social security, and health issues tend to become the focus of the divorce process when the parties are age 60 and over.

DIVISION OF ASSETS

Marital Home

Who keeps the house is one the biggest questions in most divorce cases, regardless of the age of the couple. Earlier in life it is often important because it is the most expensive asset and it is important to maintain a stable home for children. Later in life, however, it may not be the most expensive asset, and the children probably have moved out. Then why is the home still so important? There are several factors to consider.

Taxes

Owning a home comes with special tax treatment that can be very valuable to a senior. Real property taxes, mortgage payment deductions, and exclusions from the sale of the home are all factors you should talk to your attorney and tax professional about when determining whether to keep the marital home. Continue Reading →

Lawyers aren’t one-size-fits-all. They don’t all excel at the same things, so asking a bankruptcy attorney to handle your divorce is a little like asking a plumber to rewire your house. If your marriage is headed for the brink and you feel that you’re going to need the help of an attorney, giving some thought to the interview process before you meet with him for the first time can benefit both of you. You’re entrusting him with your family and finances – things that are really important to you — so you’ll want the right fit.

When you meet with prospective attorneys, you won’t be the only one who has questions.Let the lawyer ask questions first. He won’t know if and how he can help you until he understands the intimate details of your problem — your finances, your family and your marriage. He’ll be able to give you more accurate answers to your own questions when he understands the finer points of what you’re facing.

Find out how his office operates so you’ll know what to expect if you hire him. He’s ethically obligated to act in your best interests, but this doesn’t mean he’ll be able to return every one of your phone calls within five minutes. In fact, you probably won’t want him to. If he has that kind of free time on his hands, he may not be busy with a thriving practice. If you retain him, you’re bound to call at a time when he’s with another client, in court or prepping for trial, so he can’t drop everything to get on the phone with you.  Ask how his office handles these situations. Divorce litigation is rife with unexpected emergencies, but what seems like an emergency to you is often something his staff has handled numerous times before. Continue Reading →

ISSUES CONSIDERED FOR TEMPORARY RELIEF IN NEW JERSEY

Regular Bills and Expenses

Child support, spousal support (alimony), payment of specific bills such as a mortgage or rent, additional housing costs such as insurance and utilities; health insurance, car payments, and school costs are the most common finances accounted for in pendente lite support. These are the regular costs that the parties incurred before the divorce and that should continue while it proceeds.

Divorce-Specific Considerations

In addition to the financial support that can be awarded, certain pending divorce issues can be temporarily decided upon while the divorce is ongoing. The questions of child custody, who gets to stay in the marital home, and who gets to use other assets such as cars, may be handled by the temporary relief process. The court may also prohibit the spouses from selling or otherwise disposing of marital assets during the divorce.

MOTION FOR TEMPORARY RELIEF

There are two ways in which temporary relief can be accomplished. The first method is by the divorcing spouses coming to an agreement. The second is by judicial order. Continue Reading →

A New Jersey Divorce from Bed and Board, also referred to as a ‘limited divorce’, is a legal process that is similar to the better-known concept of a legal separation. Though there is no such thing has a legal separation in the state of New Jersey, a Divorce from Bed and Board allows a married couple to legally separate themselves from one another financially and live separately without undergoing a full divorce.

What is a Divorce from Bed and Board?

The ‘divorce’ part of the term ‘Divorce from Bed and Board’ is somewhat misleading. A Divorce from Bed and Board is not an absolute ‘divorce’ as we typically think of the term. An absolute divorce is called a ‘Divorce from the Bonds of Matrimony’ in New Jersey. Instead, a Divorce from Bed and Board is a limited form of divorce that is better thought of as a legal status somewhere between married and divorced. The spouses remain technically married and are therefore not free to remarry, but for some financial purposes they are treated as separate. Often, as the name suggests, the couple will live separately.

Why Consider a Divorce from Bed and Board?

There are several reasons a married couple may consider a Divorce from Bed and Board. Religious or moral reasons are very common. Since a Divorce from Bed and Board does not completely sever the marital relationship, it is a better option for those who either cannot or wish to not be fully divorced. The possibility of reconciliation is another popular reason. Continue Reading →

There are two types of divorces in New Jersey, what is often called a “no-fault” divorce and divorces that are based on fault which is a specialized wrong doing of one or both parties. For both types, there are certain requirements such as your being a resident of New Jersey for a year prior to filing, unless your grounds for divorce are adultery.

NJ DIVORCE LAWS: IRRECONCILABLE DIFFERENCES, OFTEN CALLED “NO-FAULT” DIVORCE

In legal terms, no-fault divorce is quite new, having been enacted in New Jersey in 2007. No-fault is the kinder and gentler way of divorcing because it eliminates the need to make accusations against one another or blame each other for the disintegration of the marriage.

Do not confuse “no-fault divorce” with an uncontested divorce where all issues on all matters are settled before a divorce action begins. No-fault only eliminates a “fight” over obtaining the divorce itself. It does not change anything with regard to child support, child custody, alimony or distributing property and debt in the divorce action. As to those issues, there is no difference between fault and no-fault divorce.

In order to obtain a no-fault divorce, you must allege that:

• There are irreconcilable differences that have caused a breakdown of the marriage for six months;
• It appears that the marriage should be dissolved, and
• There is no reasonable chance for reconciliation between the spouses.

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Do I have to be separated from my spouse for a certain period of time to file for a divorce in New Jersey?

No. New Jersey in 2007 enacted a no-fault divorce statute. Under said statue you do not need cause or to be separated to file for a divorce in New Jersey.

What is a New Jersey no-fault divorce is based on?

New Jersey no-fault divorce is based on irreconcilable differences. The requirements for a divorce based on irreconcilable differences are as follows:

-Irreconcilable differences existed for at least six months (you do not have to be separated for six months) which caused a breakdown of the marriage.

-No reasonable chance of reconciliation exists and it appears the marriage should be dissolved.divorce

How is a New Jersey divorce started?

A spouse files a complaint in New Jersey Superior Court for . The filing spouse is called the plaintiff. The plaintiff then has the complaint with a summons served upon the other spouse who is called the defendant. The defendant has 35 days to file an Answer, Answer with Counterclaim or Notice of Appearance.

What happens if I do not answer the NJ divorce complaint after service?

The plaintiff then can file to put you in default. Once you are in default your participation in the divorce process is very limited. Your spouse might get everything they want and your rights might not be protected. Continue Reading →

Under New Jersey law parents have a duty to support their children financially. At the time of divorce, if the couple has children, a judge will most likely grant one spouse child support. The amount of New Jersey child support decided upon at the time of divorce may not be a realistic amount in the future.

Income changes, illnesses, and growing families are just a few examples of circumstances that may make a child support amount unfeasible for a supporting parent. Additionally, changes in the amount of financial support that a child needs may also necessitate a modification of child support. If a married couple divorces when a child is young, the support that child needs may be very different when the child is a teenager.

Typical New Jersey Child Support Modifications

In an ideal world parents would be able to agree upon the amount of support required for their child and be willing and able to pay that amount. In reality, it can be difficult to determine how much support the child needs, and it can also be difficult to determine how much a parent can afford to pay.

Therefore, parents may wish to modify their NJ child support agreements from time to time. In doing so, the parent wishing to modify the child support order must show “changed circumstances” that merit a change. Common examples of situations meriting a modification of child support include a change in the either parent’s income or financial situation, an increase in the cost of living, or an illness or disability. The parent that wishes to modify the order has the burden to prove to the court’s satisfaction that the change in circumstance warrants a modification to the child support payments, and in determining if a modification is appropriate, a judge may order financial disclosures of both parents.  Courts typically do not approve modifications where the change in circumstance is temporary. Continue Reading →