Articles Posted in Divorce & Family Law

If you are involved in a New Jersey divorce, about to file for divorce, or believe that your spouse is contemplating divorce, you should be aware that social media can be used both for and against you. While it is always wise to think twice before emailing, texting, or posting, it is especially important to do so when divorce is an issue. Remember, messages that take an instant to transmit cannot be taken back once you hit that “send” button.

The use of all types of social media by New Jersey divorce attorneys has increased steadily over the past several years. What you say, text, email, or post can be used against you as your divorce proceeds. On the other hand, an experienced New Jersey divorce lawyer can also use your spouse’s posts to support your allegations.

Social media postings, etc., can be used…

Do-It-Yourself Divorces in New Jersey Are Legally Dangerous

Requirements for Filing for a New Jersey Divorce

If you and your spouse have decided to divorce and have a reasonably amicable relationship, you might be tempted to get a “do-it-yourself (DIY) divorce.” Maybe you’ve seen the internet packages that offer the possibility of a quick, inexpensive way to end your marriage. The prospect of proceeding without attorney fees are enticing, but in most cases, a DIY divorce is not recommended. The main reason is this: You don’t know what you don’t know!

Our New Jersey Divorce Lawyer Discusses the Issue of Parental Alienation

Divorce is often contentious. When one of the parties harbors feelings of anger and betrayal, then it can lead to some degree of parental alienation. When that behavior becomes obsessive, true parental alienation occurs and can endanger the relationship with your child. If you suspect that your child is intentionally being driven away from you, then you need the assistance of a New Jersey parental alienation lawyer.

While New Jersey judges vary in the way they treat parental alienation, they do all agree that it is usually in a child’s best interests to maintain a positive relationship with both parents. Your Aretsky Law Group, P.C., parental alienation attorney will do all that is necessary to protect your child custody and parenting time rights.

Your Spouse Does Not Respond to Divorce Papers: Can You Still Get Your New Jersey Divorce?

After months of careful consideration—and procrastination—you decide that divorce is really what you want. You meet with an experienced New Jersey divorce lawyer. After confirming that you have lived in the state for more than 12 months, your attorney then asks you if you have thought about what ground you want to use as your cause of action. When you seem unsure, he explains your options.

Grounds for Divorce in New Jersey

If you and your spouse have decided to divorce, your instinct might be to move. Maybe you want to avoid the arguing and bickering that contributed to the breakup of your marriage. If you were the one who initiated the divorce, you might want to alleviate your spouse’s discomfort of having you remain in the house. However, leaving your family home before your divorce is final may not be in your best interests.

Can a Spouse Force the Other to Leave the Family Home?

In a New Jersey divorce, neither spouse has the right to force the other to move out before the divorce is final. Once you are married, both spouses have equal rights to reside in the house until the marriage is dissolved.

Creating a workable parenting plan when your marriage is about to end is crucial. A detailed, viable plan can ensure that your parenting rights are protected and that the needs of your children are met.

By law, all New Jersey child custody and parenting plans must be in the best interests of the child. A qualified NJ child custody lawyer who understands the laws involved can help you create a document that achieves this goal.

What Is a Parenting Plan?

Is your child gifted or talented? If so, you are likely very proud! What you might not know, however, is that your child’s special abilities might lead to higher child support payments.

In a recent ruling Judge Jones of the Ocean County Superior Court affirmed that under certain circumstances the Court can deviate from New Jersey’s Child Support Guidelines when calculating child support. Among the reasons for deviation allowed by the Guidelines is a child’s giftedness in a particular area.

The case in question was P.S. v. J.S., with P.S. being the father-plaintiff and J.S. being the mother-defendant. They had joint legal custody of their 13-year-old daughter, to whom the judge gave the pseudonym Julie. The mother had primary physical custody, but the father enjoyed liberal parenting time.

How will divorce affect your income taxes? That is a question many recently divorced or soon-to-be divorced couples have on their minds with the approach of Tax Day! A knowledgeable New Jersey divorce lawyer who works with tax specialists can help you understand how recent tax laws will impact your particular situation. Call the New Jersey divorce attorneys at Aretsky Law Group, P. C., to better understand how your new status will impact your tax obligations.

The following questions are similar to those often posed by our clients.

Divorce and Income Tax: Frequently Asked Questions

For many couples, retirement accounts represent a major portion of their marital assets. Most depend upon the availability of these funds in order to meet their needs in their later years. When a New Jersey couple divorces, the laws governing how retirement assets are treated can be complicated. A New Jersey divorce attorney with experience in high-asset issues can help you understand which part of your or your spouse’s retirement assets are subject to equitable distribution and what is necessary in order to protect your share of those assets.

Retirement Assets

New Jersey is an equitable distribution state. That means that when a couple divorces, marital property is divided equitably, or fairly, but not necessarily equally. In general, retirement assets are subject to equitable distribution. However, contributions made before the marriage took place or after a divorce complaint is filed may be excluded. This also applies to any interest earned on these contributions.

On June 15, 2016, Ocean County Superior Court Judge Laurence Jones addressed intentional economic abuse as a form of domestic violence in an unpublished decision.

C.G. v. E.G.

C.G., the plaintiff, petitioned the court to serve her estranged husband, E.G., with a final restraining order.

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