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Articles Posted in Divorce & Family Law

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.

After months of bickering, you and your ex-spouse finally reached a divorce agreement. You agreed on property division, child support, spousal support, parenting time, and all the other issues that plagued you for so long. Sadly, now that you are ready to go on with your life, your child refuses to spend time with you. You wonder if parental alienation might be the problem.

If your child is showing unwarranted fear, disrespect, or hostility, you might suspect that your ex is turning him or her against you. However, that might not be the cause.

Divorce—especially when there is a lot of conflict—causes a lot of stress. It can be especially difficult for children. They know their lives will change, but they are not sure how. Children react to that uncertainty in different ways.

People from all walks of life—both men and women—can be victims of domestic violence. New Jersey protective orders, commonly known as restraining orders, are court orders designed to protect those victims. The skilled New Jersey lawyers at Aretsky Law Group, P.C., can help victims of domestic violence obtain the protection they need.

NJ Temporary Restraining Orders

The first step one should take if he or she feels like a victim of domestic violence is to file for a temporary restraining order.

When Divorced Parents Cannot Agree on Their Child’s Medical Care:  The Importance of Cooperation in Co-Parenting

A recent case brought before the Ocean County Superior Court demonstrates the importance of communication and cooperation in co-parenting. The case involved the divorced parents of a 16-year-old boy who injured his arm and elbow in a sports accident. The father allegedly scheduled the child’s surgery without obtaining his ex-wife’s prior consent. She wanted and was granted the right to consult another surgeon and get a second opinion. Both parents believed their chosen surgeon was best, and neither would give in. The father filed an emergency application for sole legal custody, maintaining that the boy’s mother was holding up the child’s treatment.

Because the couple was unable to reach an amicable agreement, the boy’s injuries were not being addressed.

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