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January 15, 2021
What Happens When an Ex-Spouse Breaks the Marital Settlement Agreement?
In 2020, it was estimated that 39% of marriages ended in divorce. If you are someone who went through divorce, you may be struggling with a spouse who fails to abide by your marital settlement agreement. They may fail to make payments for alimony, for example, or they may fail to pay their part of…
File Under: Divorce, Marital Settlement Agreement, Matrimonial & Family Law
January 8, 2021
The Enforceability of Postnuptial Agreements
When Postnuptial Agreements May Be Unenforceable A 2015 survey from the American Academy of Matrimonial Lawyers found that postnuptial agreements are increasing in popularity. However, this does not always tell the whole story. Even when a couple has a signed postnuptial agreement, it may not always be enforceable by the court if certain circumstances apply….
File Under: Post-Nuptials
January 2, 2021
The Dangers of Being Too Nice in a Divorce
You Can Be Too Nice in a Divorce Ninety-five plus percent of all divorce cases will settle without a trial. However, that does not necessarily mean that each spouse ends up with a deal that gives them everything they want. There is such a thing as being too nice when you settle your case and…
File Under: Divorce, Equitable Distribution
December 28, 2020
Divorce Mediation and Arbitration Explained
The Differences Between Divorce Mediation and Arbitration In the United States, only about 5% or less of divorce cases will ultimately go to a hearing. Most divorcing couples will find some way to settle their case with an agreement. Mediation and arbitration are two ways to resolve a divorce, and they are different in nature….
File Under: Arbitration, Mediation
December 22, 2020
What is Cohabitation in New Jersey?
In the context family law, cohabitation in New Jersey may not be as clear as it may seem to one. Cohabitation is defined as a mutually supportive, intimate relationship wherein a couple engages in acts akin to marriage. Post-divorce, one party may claim that his or her spouse or former spouse in cohabitating with somebody…
File Under: Uncategorized
December 21, 2020
How the Best Interests Test Works
The Best Interests of the Child Test in New Jersey The concept of best interests of the children actually comes from a United Nations Convention, and it’s applied in all states. Beyond that, many people don’t know what it means. Below is an explanation of the test and how it is used in New Jersey…
File Under: Custody, Family Law
December 14, 2020
Are Divorces Actually Becoming More Civil Because of the Pandemic?
Is the Pandemic Changing the Way That People Divorce? Only about 2-3 % of divorce cases end up going to trial. However, even among the 92-98% that avoid a court hearing, there is often rancor and bitterness that plague the relationship between the spouses. However, the COVID-19 pandemic has caused at least some change that…
File Under: Divorce, Family Law, Matrimonial & Family Law
December 10, 2020
Main Dispute in a Divorce is Often Custody and Parenting Time
Custody and Parenting Time Often in a divorce, the main area in dispute is custody and parenting time of a child. Litigants can spend months of their lives and thousands of dollars fighting over their child. There are two different types of custody - legal custody and residential custody. With regard to legal custody, there...File Under: Custody, Divorce, Matrimonial & Family Law, Parenting Time
