Articles Posted in Divorce & Family Law

A recent article from the Wall Street Journal illustrates a declining divorce rate in the United States. Since, 1979, the United States divorce rate has fallen 29% from 22.6 out of each 1,000 marriages, to 16.1 out of each 1,000 marriages. Many researchers attribute this decline to delayed marriages. For example, the median age of marriage for woman has increased from 20 years old in 1963 to 27 in 2017.

Interestingly, the divorce rates among age-categorized groups was not as uniform. The divorcer rate for couples under 54 years old consistently dropped, though the trend was reversed as individuals neared 55 and above. This category of “gray divorces” experienced a nearly doubled rate since 1979. Many researchers note that the rate of divorce is particularly high for this age group – which consists of baby boomers – since this group is more likely to be on their second marriage, which has a statistically higher rate of divorce.

If divorce is something going through your mind, there are some steps to take to ensure that you pursue it in a way that is ideal for you and your family. Primarily, understand your objectives of the divorce. If you and your spouse agree on all of the most important matters, then an uncontested divorce may be possible. These issues include child support and parenting arrangements; spousal support, better known as alimony; and distribution of marital property.

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Divorce lawyer near me

Finding the right divorce attorney for your matter can be a challenging and difficult process. From your perspective, you may want a “negotiator” rather than a “pit bull”, or vice versa.  That is why you are encouraged to research the reputation of several different divorce lawyers and schedule in person meetings with each of them.  Many divorce lawyers offer free initial consultations.

As reported by CNBC there are many factors to consider prior to retaining a divorce lawyer.  Below are some of the most important factors to consider:

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

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