Weinberg & Cooper, LLCHackensack Family Law & Divorce Attorney | Weinberg & Cooper, LLC2024-03-13T09:50:04Zhttps://www.weinbergcooper.com/feed/atom/WordPressOn Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474892024-03-08T10:50:31Z2024-03-13T09:50:04ZSometimes, parents may go against the parenting time order, leading to violations. One or two missteps could be reasonable, but in New Jersey, the court may take them seriously if they become repetitive and habitual. In these scenarios, the court can remedy these incidents by enforcing the following consequences:
Making up for parenting time missed by the parent
Fines for failing to appear at visits and other costs the other parent shouldered because of the violation
Adjustments involving logistics, such as transportation
Formal counseling, if needed by the child or the parents, with costs covered by the violating parent
Community service based on the details of the parent's violation
These penalties can help deter parents from violating the order, but some cases involve complications surrounding the arrangement. If so, the court can consider modifying the child custody and parenting time setup to encourage compliance, depending on the circumstances.
Knowing how to address parenting time violations
Adopting child custody and parenting time arrangements can be challenging, mainly if certain factors affect the family's schedule and situation. Still, fulfilling these obligations can be crucial because these orders are legal documents with significant bearing. If these obstacles are unavoidable, it may be time to amend the order to accommodate the family's needs overall. Before deciding to take this route, it can be helpful to seek legal guidance first. Valuable advice and insight can help parents understand what options are appropriate and what legal implications may accompany the changes.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474882024-03-01T05:09:33Z2024-03-07T05:09:18ZA divorce can range from less costly to quite expensive. It largely depends on the nature of the divorce you’re about to go through, whether that’s contested or uncontested. Regardless of the type of divorce you’re about to face, it’s important to plan ahead. Given its significant impact on your life, it’s crucial to take steps to lessen its potential effect on your finances.
To prepare yourself, here’s how you can do that.
Get familiar with your financial standing
You might find it less stressful if you clearly understand your financial standing when preparing for divorce. This preparation could involve compiling an inventory of your assets, liabilities, income, and expenses. Gathering documents like bank statements, property deeds, and investment portfolios could be part of this process.When you analyze these documents carefully, you can gain a clear understanding of your financial situation. This insight can inform your decisions as you financially prepare for divorce.
Prepare for potential changes in asset ownership
It’s important to understand how asset ownership can change when a marriage ends. New Jersey operates under an ‘equitable distribution’ principle for dividing marital property, which isn’t an even split of all your assets and liabilities. Instead, this means the state courts aim to distribute these assets and debts in a manner that is fair to both parties, which might not always be equal.Consider how this could potentially impact your financial situation and prepare for the possible reallocation of assets like your:
Home
Vehicles
Retirement funds
Businesses
Other investments
Knowing how your assets will be divided can help you avoid financial shocks and enable you to plan your next steps more effectively.
Consider seeking the right professional
Divorce can often be complex and likely financially draining. So, consulting with an attorney experienced in New Jersey family law might be worth considering. A legal professional can help paint a clearer picture of what divorce could mean for your finances, how state laws could come into play when managing your assets and assist in planning for your future financial health.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474872024-02-14T05:22:49Z2024-02-20T05:22:37ZMost of the time, these cases can be too sensitive for mediation. But in New Jersey, there is a mediation program that can be applicable despite having an active restraining order between the involved parties. A case can enter the domestic violence economic mediation program if the protected party permits it.
The protected party must initiate the process, which could require them to modify their active restraining order.
The protected party must complete the requirements for the program, including sessions with certified court officers and filing certifications for the mediation.
The mediation only involves economic aspects of the divorce, including financial concerns.
The mediation prohibits settling issues involving child custody and parenting time.
Additionally, the protected party can decide whether to end the mediation at any time. If they proceed with this option, the mediator and courthouse will take specific measures to separate the parties while conducting the session.
Approaching the case appropriately
Mediation can be a desirable option because it can be less costly than going to court. Still, it can be inappropriate in specific scenarios with safety risks. Some states, like New Jersey, could make it available even in cases that involve domestic violence. Still, it can be beneficial to tread carefully and seek legal counsel before considering it.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474862024-02-01T06:03:10Z2024-02-06T06:02:24ZChoose an alternative dispute resolution method
Litigation is a public process, and the details of a court case can often become a matter of public record. To avoid this exposure, consider alternative dispute resolution (ADR) methods. These private and confidential methods often lead to a more amicable settlement. You would also have more control over the outcome of your divorce.
Request to seal records
If your case goes to court, your attorney can file a motion to seal the divorce records. While the decision is at the discretion of the court, if granted, it can prevent sensitive information from becoming publicly accessible.
Engage discreet professionals
Work with attorneys, accountants and other professionals who value discretion and have experience handling high-profile cases. They will know how to manage sensitive situations discreetly.
Keep settlement discussions private
During the negotiation of your divorce settlement, be careful about where and how you discuss the details. Private meeting spaces and secure communication channels are essential to make sure that information does not leak to parties outside of the negotiations.
Educate your inner circle
It would be best to let friends, family, employees and close business associates know and understand the importance of maintaining your privacy. The people closest to you can unintentionally become sources of leaks if you do not make them aware of your privacy needs.
Divorce is never easy, and for business owners in New Jersey, protecting privacy is a significant part of the process. With the right team and appropriate strategies in place, you could keep important matters private even when problems and conflicts arise during the divorce process.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474832024-01-22T07:32:43Z2024-01-25T19:31:53Zthey believe is in your child’s best interest.
One of these factors is the child’s wishes. Sometimes parents interpret this to mean that their child can choose which parent they want to live with.
New Jersey has several custody factors that go into making decisions
However, it is important to remember that the child’s wishes are one of several factors that a court examines. Each factor is given a different amount of weight.
Therefore, although your child might clearly state a desire to live with you, other factors might show that is not in their best interest.
For example, a home environment that provides stability and routine is another factor used in child custody decisions. A child may say they want to live with their father, and upon further investigation, evidence may show that there are no rules surrounding homework or bedtime at the father’s home.
In this case, the court could conclude that the reason the child wants to live with their father is because the lack of rules makes the home more fun. Nevertheless, this type of home environment generally does not provide stability and routine and the court would give this factor more weight than the child’s preferences.
Another common misconception is that a child can choose which parent they want to live with after they reach a certain age.
How your child’s age impacts a custody decision
What is true is that the older a child is, the more seriously a judge is likely to take their preference of living arrangements.
There is no set age at which a child can simply choose. You may hear that the age is around age 14, and although this is generally an age where a child’s wishes might be given more weight, it remains only one factor out of many.
There is also no set age that a judge must listen to what the child wants. In addition to age, the child’s maturity is considered, as well as any surrounding circumstances, such as if there is evidence that one parent was coaching the child on what to say.
You should never attempt to influence your child when it comes to which parent they want to live with. You could end up losing the custody you already have if a judge determines you have improperly influenced your child.
Evidence that you have threatened or coerced your child into saying they want something they don’t could result in an accusation of parental alienation syndrome. This is an extremely difficult accusation to overcome.
Overall, the answer is no, your child can generally not decide where they want to live. Although your child may express a sincere desire to live with only one parent and provide valid reasons, that alone is usually not enough to obtain a custody decision in your favor.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474842024-01-19T09:32:56Z2024-01-24T09:32:13ZIt does not automatically relieve you from personal responsibility for debt you took with your former spouse during your marriage. Even if the divorce assigned the debt to one party, both of you can still be liable if you never updated the agreement with your creditors.
This scenario often happens with debt named under you and your former spouse, such as mortgages, auto loans, joint accounts, credit cards, utilities and medical bills. Even if you send your creditors the divorce paperwork, it may not end your liability for the debt.
How to end liability for your former spouse's debt
You can end your responsibility for these overdue payments by removing your name from the agreement or refinancing the debt. You and your former spouse can expedite these changes during or after the divorce. Unfortunately, these options may only be possible depending on the circumstances.
Navigating tricky financial issues with a former spouse
Sometimes, you can encounter vagueness concerning financial issues, especially if you remain a debt cosigner with your former spouse long after the divorce. Staying with the old setup could be essential, especially if your former spouse cannot shoulder the loan alone. However, you may need legal counsel once a collector goes after you for your former spouse's overdue payments. Doing so can help you navigate how to deal with the creditors and what to do about your setup with your former spouse.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474802024-01-10T08:50:50Z2024-01-15T08:50:10ZA clearer distinction
It can be easy to mistake separation for divorce because both signify a shift away from a shared marital life. However, the critical difference lies in the permanence and legal recognition of the status change. Separation is in some way a reversible step or a pause in the marriage, allowing couples to take time off from each other to assess their relationship without the finality of divorce.
It is a sort of intermediary phase where spouses may live apart and even draft a separation agreement that outlines the terms of this period, but they remain legally married. You can only marry another person once you finalize your divorce.
Separation as grounds for no-fault divorce in New Jersey
In New Jersey, couples can pursue a no-fault divorce based on two grounds: irreconcilable differences and separation. A divorce in the Garden State refers to the dissolution of marriage. It is a more permanent separation. For a divorce on the grounds of separation, you and your spouse must have lived separately and apart for at least 18 consecutive months, and there is no reasonable prospect of reconciliation.
Separation can be a step toward divorce or an alternative to it. Couples who are unsure if they want to permanently end their marriage might choose separation as a less drastic measure. Those who are sure they want to move on with their lives independently may opt for divorce to remarry or simply have a clean break. Understanding the legal and emotional distinctions between separation and divorce is essential for making life-defining decisions and planning your future.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474762023-12-26T06:00:03Z2023-12-30T05:59:27ZSometimes, a family has unique circumstances that may call for a third party to be present during visitation. A court may consider it necessary based on the situation, including the following factors:
Allegations of child neglect or abuse
Mental health conditions
Substance abuse or addiction
Suspicions of parent alienation
Any incidents or facts that make it reasonable to believe the non-custodial parent might flee with the child
Additionally, the court can consider other case details when deciding if supervised visitation is necessary. It can significantly hinge on whether the arrangement prioritizes the child's best interests.
Often, the supervisor for this type of visitation is a social worker or child development professional. They can have varying tasks during the sessions, such as monitoring parent-child interactions or guiding the visit as needed.
Until when is supervision required?
There are no exact standards for determining until when the arrangement requires a supervisor. A third party is usually necessary unless the parent and child resolve the issue they had, warranting supervision. Still, it can depend on the progress of visitations, documented through the supervisor's notes. The court can decide whether supervision should continue based on the feedback.
If the non-custodial parent wants to change any details about the arrangement, they can file a petition for a modification. In any case, the court remains the final decision maker regarding visitation concerns, allowing them to make a fair and reasonable setup that considers the child's needs.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474742023-12-15T04:42:33Z2023-12-21T04:41:58ZBecause of the emotional strain and legal complexities that accompany going to court, couples may choose to settle issues separately. There are many ways to do so, with diverse levels of formality based on the divorcing couple's circumstances. Regardless of which method they take, finalizing divorce matters out of court can have the following benefits:
The process can be quicker and more efficient - The court will still sign off on the divorce details before issuing the decree. Still, the judge may only need to make minimal or no adjustments if the parties already have an agreement.
Parties have control over who to involve based on their needs - The divorcing couple can have lawyers represent them even if the discussions are out of court. They can also consult financial, legal and mental health professionals to provide insight during sessions.
Settling out of court allows parties to collaborate - Whether undergoing the collaborative process, mediation or other out-of-court options, both parties can learn to work together and reach an agreement. This dynamic could help in life after divorce when co-parenting their children.
These options might only be applicable if the situation allows it. Other cases involve sensitive issues that require a judge's intervention.
Deciding to settle divorce issues appropriately
Finalizing matters out of court could be ideal for some divorcing couples, but it is not always appropriate. There can be severe disputes that require the formalities of a court to resolve. In these situations, it is best to seek legal counsel to help determine suitable options, depending on the circumstances.]]>On Behalf of Weinberg & Cooper, LLChttps://www.weinbergcooper.com/?p=474732023-12-01T09:12:22Z2023-12-06T09:12:05Zjudges will split marital property in a manner that is equitable and fair. An equitable distribution can be more challenging to achieve than an equal one, particularly when you have significant assets on the line.
What makes dividing marital property so hard?
First, you need to determine which of your properties are separate and which are marital. It may seem easy. However, distinguishing between the two can pose a problem when you have merged your assets and when one spouse contributed more to the property's value. The property subject to an equitable marital distribution can include:
The money you and your spouse earned during your marriage
Joint bank accounts
Real estate purchased during the marriage, regardless of whose name is on the title
Cars, furniture, jewelry and artwork
Contributions to retirement plans either spouse made during the marriage
Appreciation of those contributions during the marriage
Gifts either spouse gave to the other
A percentage of a business that either spouse started during the marriage
Anything you purchased or acquired during your marriage is up for grabs, except for those you received as a gift or through inheritance. You also will not be able to divide the assets immediately. You must obtain the fair value of the marital property before calculating an equitable division. Imagine if some of the assets you own have the potential to increase in value while others present immediate and future tax liabilities.
How professionals can help you
The assets you own have financial and sentimental value. An asset may be worth much more than you realize. Therefore, you may want to hire a professional appraiser to help you find the value of your home, real estate, art collections and jewelry. A divorce may trigger your spouse to hide assets, in which case an experienced attorney can help you obtain full financial disclosure. They can also help you negotiate your settlement agreement after the discovery process.
The true worth of an asset is not always based on their face value. You need all the help you can get to receive your fair share of your marital property.]]>