Divorce

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
News & Analysis as of

Divorce, property settlements, and bankruptcy. Oh my!

There's nothing simple about divorce and bankruptcy. We'll peel off one leaf of that very large subject and see what can happen if someone files bankruptcy after a divorce with a property settlement....more

Divorce from Bed and Board Prolongs Name Change Process

In Leggio v. Leggio, a New Jersey court determined that in a judgment of divorce from bed and board, a person seeking a name change must submit their application under the requirements of the general name change statute...more

Requirements for Alimony – Can it be a good thing?

Divorce is messy, divorce is costly – and it should be avoided wherever possible. Spouses should always attempt to mitigate their losses and one way to do this is to consider designing the divorce settlement to include...more

The Minefield of Appellate Practice: Notices of Appeal

The Illinois Appellate Court’s recent opinion in In re Marriage of Micheli, 2014 IL App (2d) 121245 (filed July 31, 2014), illustrates the necessity of retaining appellate specialists to handle all post-trial and appellate...more

Father’s Rights to Custody

Our attorneys believe in standing up for both mothers and fathers who are embattled in a litigated custody battle. We have vast experience helping parents understand New Jersey laws governing custody and how to effectively...more

NJ Judge Clarifies the Role of Power of Attorney in Divorce Proceedings

In a published decision, Ocean County Superior Court Judge Lawrence Jones declared that a spouse involved in a divorce action must personally participate in the proceeding where the spouse is found to be mentally...more

Unintended consequences: After divorce, review your estate plan to avoid surprises

The recently divorced have likely had their fill of legal documents and proceedings, but it’s important that they review their estate plan as soon as possible to ensure they’re protected against unintended consequences. This...more

Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

You’re Divorced. Now What?

In the divorce process, love is indeed a battlefield. But, at some point, that battlefield clears, usually when you and your soon-to-be former spouse finally sign on the dotted line, officially announcing yourselves as...more

Family Lawyer Reveals: Divorce Is Much More Than The Division Of Assets

When I tell people that I practice family law, I’m prepared for their response. It is typically a grimace followed by a comment like, “I could never do that.” “Divorce attorneys,” are viewed by some as the bottom...more

File for Divorce Now—or Wait?

Many people struggle emotionally with the decision to file a divorce complaint. Divorce is not something that anyone pursues lightly. Most people want to be sure that they have exhausted every effort to work issues out with...more

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

Social Media Clauses in Prenuptial Agreements

In earlier blog posts, we discussed how social media can often be used against a party in a divorce action. Social media posts have the potential to be used as evidence in domestic violence matters, in custody matters, in...more

Obamacare May Increase Health Coverage After Divorce #DivorceAttorney

Arizona law prohibits either spouse in a divorce proceeding from removing the other spouse from health insurance plans. This allows continuity of coverage during the proceeding, but once the divorce is finalized, it is...more

MN Supreme Court: Creditors May Void Fraudulent Transfers of Assets in Uncontested Divorces

On July 9, 2014, in Citizens State Bank Norwood Young America v. Gordon Brown, et al., the Minnesota Supreme Court held that Minnesota's Uniform Fraudulent Transfer Act ("MUFTA") may be applied to transfers of assets made as...more

Divorcing Parents – Avoid Alcohol Abuse, Illegal Drugs, or Excessive Prescription Drug Use #DivorceAttorney

If you as a parent have filed for divorce or are seeking sole or equal decision making of your minor children, the court must decide what is in the child’s best interests, if you and your spouse cannot agree....more

Can I Remove My Spouse From Our Home During the Divorce Litigation?

We know how difficult it is to remain under the same roof with your spouse during a divorce. Generally, during an initial consultation, clients always ask us what is the quickest way to remove his/her spouse from the marital...more

But What About The Company?

For many married couples in California and other community property states, a closely-held business is the most valuable community asset. And whether or not they’re in a community property state, both spouses may be active...more

Your Child’s College Education – How a New Jersey Judge Has Clarified Divorced Parents’ Financial Obligations

College costs have continued to climb at an alarming rate. A New Jersey Judge, however, has established parameters for how much a divorced parent is required to contribute to the cost of his or her child’s college education....more

CFPB Clarifies Heirs, Divorcees and Estate Planning Transferees Are Not Subject to Ability-to-Repay Rules

The CFPB issued an interpretive rule to clarify that when a borrower dies, the name of the borrower’s heir generally may be added to the mortgage without triggering the Bureau’s Ability-to-Repay rule. This clarification will...more

What Complications Do You Encounter When Filing for Bankruptcy and Divorce at the Same Time?

The saying "Timing is everything" certainly holds true when filing for bankruptcy. Sometimes, bankruptcy and divorce proceedings collide. Each legal proceeding can complicate the other and cause delays....more

The Right Way to Communicate With the Children About Divorce

I sat in the judge’s chambers along with the other attorney listening to a child testify about how she just wanted her mom to pay attention to her. In another case, children who used to have a loving relationship with their...more

NJ Alimony Bill Making Major Changes in System

On Monday, June 30, 2014, the NJ Senate Judiciary Committee passed legislation that would drastically change alimony awards in future divorce cases and is currently awaiting a signature by Governor Christie. The bill,...more

Who pays attorney fees in a divorce proceeding?  [Video]

Phoenix law firm Jaburg Wilk's Family Law Specialist Mervyn Braude talks about whose responsibility it is to pay attorney fees in a divorce proceeding. He also explains what unreasonable behavior is. For more information...more

Collaborative Divorce Act Passes Senate

In a follow up story to one of our earlier blogs, New Jersey’s Collaborative Law Act passed the Senate unanimously on June 26, 2014. New Jersey will be the eighth state to have enacted collaborative divorce legislation once...more

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