Tag Archives: New Jersey law
May 26, 2023
Divorce and executive compensation
How Executive Compensation Complicates Divorce Settlements During a recent survey, more than 35% of divorcees cited finances as the primary friction point in the marriage. The American Academy of Matrimonial Lawyers further found that divorce rates are higher among high earners than the average American and that divorce rates actually rise during periods of economic…
File Under: Divorce
May 25, 2023
Jeralyn Lawrence Quoted in the Reuters Article “‘A profession in crisis.’ NJ report latest to highlight lawyer mental health problems.”
Jeralyn Lawrence was quoted in the Reuters Article ‘A profession in crisis.’ NJ report latest to highlight attorney mental health problems. “We are a profession in crisis,” said New Jersey State Bar Immediate Past President Jeralyn Lawrence. Read the full article here.
File Under: Jeralyn Lawrence
September 5, 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
July 10, 2019
Special Needs Child Support in New Jersey
I often hear attorneys say calculating child support is the easiest part of their job. In New Jersey, we have Child Support Guidelines. As such, the New Jersey guidelines will be presumably accepted by both the parties and the Court. Child support is based on the parties’ respective combined available net income. The support is…
File Under: Child Support, Divorce, Family Law
July 2, 2019
Prolonged Separation = Divorce Complications
The New Jersey Appellate Division case of Milcarsky v. Milcarsky, confirmed the trial court’s decisions about thorny issues resulting from prolonged separation. In this case, the parties separated after nine years of marriage. However, neither filed for divorce until 2015, 11 years later. The court treated this marriage as one of 20 years’ duration. The…
File Under: Divorce, Family Law, Matrimonial & Family Law, Separation
May 29, 2019
Collaborative Divorce in New Jersey, say what?
Generally speaking, 97% – 98% of all divorce cases settle. Judges often tell divorcing parties that it is not a matter of “if” a case will settle, it is a matter of “when”. Some cases settle in days, some weeks and others may linger for years. There are many factors that affect the time in…
File Under: Collaborative Law, Divorce, Family Law, Matrimonial & Family Law, Mediation
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
April 30, 2019
In a New Jersey Divorce, Who Gets the Pets?
In New Jersey, there is limited case law addressing who keeps the family pets after a divorce. Just because there is limited case law, does not mean there are not disputes and issues when it comes to Poochie. As of now, New Jersey courts view and treat pets as personal property and not a custodial…
File Under: Custody, Divorce, Family Law, Matrimonial & Family Law, Visitation