Category Archives: 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
May 24, 2019
What does imputation of income mean?
In a New Jersey divorce, it is crucial to know the income of both parties. It is equally important to know what each is capable of earning. The income of the parties must be known in order to resolve issues like alimony and child support. In many divorces, however, the income-producing spouse suddenly acquires…
File Under: Alimony, Divorce, Family Law, Matrimonial & Family Law
May 24, 2019
Same-Sex Marriages & Irreconcilable Differences in NJ
On October 18, 2013, the New Jersey Supreme Court recognized same-sex marriages in the State of New Jersey. As part of that decision, the Court said, “[S]ame-sex couples who cannot marry are not treated equally under the law today. The harm to them is real, not abstract or speculative.” The rights couples to…
File Under: Divorce, Family Law, Irreconcilable Differences, Matrimonial & Family Law, Same-sex Marriage
May 24, 2019
Custody & Parenting Time Orders – Sanctions for Violating
It is frustrating when the other parent constantly violates a clear Order governing custody and parenting time for my client. New Jersey court rules and previous cases provide for a host of remedies to enforce a Court Order. For example, a court can award compensatory parenting time in the event an Order is not being…
File Under: Custody, Divorce, Family Law, Matrimonial & Family Law, Parenting Time
May 13, 2019
Divorce Litigation v. Divorce Collaboration
In reality, the vast majority of divorce cases settle. It is a rare case that is tried to conclusion. The damage done to the parties and, more importantly, the children after a divorce trial is severe and pervasive. I would say it is probably so traumatic that one never truly recovers from the wreckage of…
File Under: Collaborative Law, Divorce, Family Law, Matrimonial & Family Law
May 9, 2019
Is technology making it hard to find money in NJ divorces?
In some New Jersey divorce cases, one party may use technology to hide or move money. The good news is that there will almost always be a trail that can be traced. Cyrptocurrency The use of cryptocurrency to conceal assets is a concerning trend. According to Wikipedia, “A cryptocurrency (or crypto currency) is a digital…
File Under: Divorce, Equitable Distribution, Family Law, Matrimonial & Family Law