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May 28, 2019
College Contributions in New Jersey Divorce Law
Divorced parents in New Jersey have an obligation to contribute to their children’s college expenses. On the other hand, married parents in New Jersey do not have the same obligation. The case of Newburgh v. Arrigo provides a list of factors for a court to consider in assessing the obligation of the parents. This case…
File Under: Child Support, College Expenses, Divorce, Family Law, Matrimonial & Family Law
May 27, 2019
Burkert Limits the Definition of Harassment
Many domestic violence cases center around allegations of harassment. The definition of harassment is when somebody intends to alarm or seriously annoy another person. To successfully obtain a final restraining order, the alleged victim must prove a predicate act of domestic violence. Harassment is one example of such an act. They must also prove that…
File Under: Domestic Violence, Family Law, Matrimonial & Family Law
May 26, 2019
Grounds for Divorce in New Jersey
A client may want a divorce, but may be unsure on what basis a court would grant them a divorce. In New Jersey, there are several grounds for divorce. The legal term for grounds for divorce is “cause of action.” In every divorce, a party has to allege a specific cause of action that warrants…
File Under: Divorce, Irreconcilable Differences, Matrimonial & Family Law
May 25, 2019
What is a Marital Settlement Agreement?
The main goal of every divorce case is to reach an agreement with your spouse. A Marital Settlement Agreement, written and signed by both spouses, is a contract that defines the terms of their divorce. Depending on the issues in your case, the Marital Settlement Agreement must address a variety of issues. First, custody…
File Under: Alimony, Custody, Family Law, Marital Settlement Agreement, Parenting Time
May 25, 2019
Child Support Guidelines in New Jersey
In New Jersey, child support is an issue in cases including children. The tool used to calculate the child support awards are Child Support Guidelines. The Guidelines must be used as a rebuttable presumption to establish and modify all child support orders. A rebuttable presumption means that an award pursuant to a guidelines calculation…
File Under: Child Support, Divorce, Family Law, Matrimonial & Family Law
May 25, 2019
Equitable Distribution of Negative Equity
The factors that must be considered by the court for purposes of determining equitable distribution of assets and debts acquired during marriage are identified in N.J.S.A. 2A:34-23.1. Items included for purposes of equitable distribution are: marital properties vehicles bank accounts stock options retirement accounts mortgages credit card debts automobile loans any other assets and…
File Under: Divorce, Equitable Distribution, Family Law, Matrimonial & Family Law