New Jersey Divorce and Family Law Attorney

Child Custody Scheduling Tips During the Holidays

Child Custody Scheduling Tips During the Holidays

The holiday season is one of the busiest times of the year. Between holiday shopping, decorating, planning parties, and baking, it may feel like there are not enough hours in the day. The hustle and bustle of the holiday season can be even more difficult when you share child custody with another parent. We have compiled a list of tips to help with your child custody schedule during the holidays.

Plan Ahead

Planning ahead ensures that both parents get sufficient time with their children during the holiday season. This also ensures that each parent knows what to expect, including when they have custody of the child and when they may need to drop them off or pick them up from visits with the other parent.

Be Flexible

Being flexible can help you and your family adjust to any last-minute changes. Holiday plans may cut into normal child custody schedules. Be willing to change your schedule so that your child can spend time with their other family. In return, your ex-spouse is likely more willing to accommodate you when it comes to any last-minute changes.

Maintain Old Traditions

Adjusting to the first couple of holiday seasons after a divorce can be difficult for each member of the family. Try to maintain some old traditions for the sake of your child. This may include both parents being present while a child is opening their Christmas presents. It may also include the family attending holiday parties together.

Set New Traditions

It’s also important to begin setting new traditions, so your child has new things to look forward to during the holiday season. Create new traditions that involve just you and your child, so they can learn to adjust to the new family dynamics. You can even involve your child in choosing the new traditions, helping everyone find something that they’ll enjoy most.

Swap Holidays

Sometimes, sharing custody of a child on the big holidays may not be possible. If this is the case, consider swapping holidays. If one parent gets custody of the child on Christmas Eve, plan for the child to spend Christmas day with the other family. If you live close to each other, you may even split Christmas day.

Make Time for Yourself

Don’t forget to make time for yourself. A divorce is a big adjustment for everyone in the family, including you. Be patient with yourself during this time. Fill any time you may have during the holiday season without your children with friends and family so you don’t have to spend the day by yourself.

The ‘firsts’ can be one of the most difficult parts of a divorce. You may be reminded of family memories before the family split. Planning ahead, and finding ways to replace previous memories with new ones, can help you and your family enjoy the holidays again. Paying a little extra attention to your child can ensure that they have a good holiday season despite the many changes. If you and your ex-spouse find it difficult to agree on holiday schedules, it may be worth talking with a family lawyer.

Contact a VoorheesFamily Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter, such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Pennsauken, Voorhees, Lindenwold, and Haddon Township. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd # 207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

When Can Parents Stop Paying Child Support in New Jersey?

When Can Parents Stop Paying Child Support in New Jersey?

Typically, parents pay child support for the full childhood of a child. The age at which a child no longer relies on the support of their parent is debatable to some. Child support can take up a significant portion of your income, so you may be wondering when parents can stop paying child support in New Jersey.

What is the Age of Emancipation?

The age of emancipation refers to when a child is no longer legally dependent on their parents, and this may vary depending on the state. In New Jersey, the legal age of emancipation is 19 years old. This isn’t a hard stopping age for child support, though. The New Jersey courts recognize that each family is different.

The courts typically listen to a plea to stop paying child support on a case-by-case basis. One family may require child support beyond 19 years, while another may stop child support payments before 19 years.

Factors that Affect the Age of Emancipation

Some factors that may affect the age of emancipation include:

  • A child who is attending college
  • A child who is independent and moves away from home
  • A child who is earning a salary
  • A child who is married or with their own child

These are just a few of the factors that a family court may consider when determining a child’s need for child support. Some children may be capable of providing for themselves before the legal age of emancipation. New Jersey also allows children under 18 years who have moved out on their own or are supporting themselves to file for their own emancipation.

How to Emancipate Child Support in New Jersey

You can file a motion to emancipate a child to end child support payments. This is done through the New Jersey family court where you live. Working with a family lawyer can be beneficial to ensure you meet all the state’s filing requirements. It’s important to note that even if an emancipation request is approved, it doesn’t clear out any previously missed payments. Parents will still be responsible for all back pay child support payments they may have missed.

How is Child Support Calculated?

New Jersey uses a percentage model when calculating child support. The non-custodial parent is responsible for paying a set percentage of their income each month to the custodial parent. Even families with a shared parenting agreement may be required to pay child support, depending on the agreement.

If the inability to make child support payments is why you want to stop making them, other options may be available. If your income has changed, you can file a motion with the court to lower your monthly payments. Keep in mind, though, that the court could increase your monthly payments if your income has increased. New Jersey allows you to modify your child support payments once every three years. The court requires that you show proof that there has been a significant change in circumstances.

If you have questions about child support, including when you can stop paying or how to adjust your amount, reach out to a family law lawyer.

Contact a Camden Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter, such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Camden, Cherry Hill, Gloucester Township, and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd # 207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Summer Visitation Tips for Divorced Parents

Summer Visitation Tips for Divorced Parents

Learning to adjust after a divorce can be a big task for many families. Furthermore, the change in everyone’s schedule during the summer months can make it difficult for divorced parents to plan. Follow these summer visitation tips to keep everyone on track and ensure both parents get equal rights to visitation schedules.

1. Discuss Vacation Plans Early

Vacations can disrupt summer schedules. If you have plans to go on vacation this summer, with or without your child, be sure to discuss your plans with your ex-spouse early.

2. Encourage Communication With Your Child

If your child is old enough to express their desires, involve them in summer plans. Find out if they want to visit your ex-spouse who lives in another state and for how long.

3. Fill Your Time When Your Child is Away

If you plan on sending your child to stay with their other parent for an extended period of time, know that it can take some time to adjust. Find activities and hobbies to fill your time.

4. Learn to Compromise

Compromise skills will become extremely important as you and your ex-spouse learn to navigate the first few years of divorce. Learn to give a little, and hopefully, your spouse will too.

5. Make a Checklist

Before sending your child off with their other parent, making a checklist of their daily needs can give you peace of mind. This includes things like allergies and dietary preferences.

6. Maintain Open Communication

Maintaining open communication throughout the whole summer can help both you and your child adjust. Encourage them to call you if they miss you.

The good thing is that technology connects us better today than ever before. Even if you plan on sending your child for an extended trip with your ex-spouse, you can easily stay in touch with them daily. Providing them with a smartphone, even if just for their trip, can help you keep in touch. It can also provide you with ease of mind that they can contact you if they need anything.

Open communication skills will become especially important over the summer break. Not only will good communication with your ex-spouse help you both plan for summer travels, but it can also help you work through any problems that arise along the way. It’s okay to discuss your hesitancies with your ex-spouse, who may be able to offer reassurance.

Plan Ahead With Lots of Communication

Planning ahead of time can help the whole family prepare for summer vacation. It can also help you and your family cover any needs. For example, if your child will be visiting a different state or country, it may be a good idea to send a letter to them. In this letter, include your signed permission allowing them to travel with your ex-spouse.

If you plan on traveling with your child without your ex-spouse, have them also provide you with a letter of approval. Go over medication and dietary lists to confirm everyone’s on the same page. Ask for a copy of the travel itinerary, even if your child is just going to visit your ex-spouse in another city. Find out how they’ll be spending their days and where.

Contact a Cherry Hill Family Law Attorney for a Consultation About Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Camden, Cherry Hill, Gloucester Township, and Voorhees. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd # 207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Are Personal Injury Awards Part of Marital Property in a NJ Divorce? 

Are Personal Injury Awards Part of Marital Property in a NJ Divorce? 

When you and your spouse decide to divorce, you’ll have to calculate and evenly divide your assets. The most common assets included in a divorce are homes, vehicles, retirement funds, and savings accounts. Some couples may have unique assets that are harder to place ownership and evenly divide, including funds awarded through a personal injury lawsuit.

Considering the Timing of the Divorce

Whether personal injury awards are included depends on where you and your spouse are at in the divorce process. For example, if you have yet to file, and have already collected the funds, it’s possible for the compensation to be included as marital property. However, if you already initiated the divorce process, and then received compensation, any funds you collect should be separate from marital property.

General Rule

As a general rule, compensation from a personal injury lawsuit is not typically included as marital property. This is because the funds are paid to recover damages of the individual, not the couple.

Examples of Marital property

A few examples of funds that may be marital property include:

  • Property that has one or both names on the deed
  • Shared bank accounts
  • Shared retirement accounts
  • Vehicles that both people use

Marital property is different from individual property. Individual property refers to funds that belong to one person, rather than the couple. Trust funds are an example of individual property given to one spouse.

Exemptions to Personal Injury Awards as Individual Property

While personal injury compensation is typically individual property, there are some situations in which funds given to one spouse are actually marital property. When the funds collected from a personal injury lawsuit are co-mingled in the marriage, such as to buy a house or start a business together, it’s possible that they’ll also be included in the divorce.

If there are questions as to what funds are considered individual versus marital property, they are usually handled with a hearing. The judge will review individual assets and funds to decide what should be categorized as marital property. They may consider things like the length of the marriage or who acquired what property.

What is Community Property?

Some states have community property laws, which means assets acquired during the marriage are dividable regardless of how much each person earns within the marriage. This law excludes assets acquired before the marriage. However, New Jersey is not a community property state and instead, follows a system of equitable distribution.

Equitable distribution is different from equal distribution, in that dividing assets in a marriage is not always 50/50. The focus of equitable distribution in New Jersey is on fairness, not an equal balance.

Questions About Dividing Assets?

If you’re planning on or currently going through a divorce, it’s likely that you have a lot of questions related to the equitable distribution of assets. Dividing assets can be one of the most difficult parts of a divorce, so having a divorce lawyer on your side that can protect your best interests is helpful.

Contact a Voorhees Family Law Attorney for a Consultation About Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at the Law Offices of Daniel K. Newman represent clients throughout the state, including Voorhees, Marlton, Medford, and Cherry Hill. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

11 Tips for Getting a Divorce

11 Tips for Getting a DivorceDivorce can be difficult whether you have anticipated it for a while or have just recently received divorce papers. Regardless of where you’re at in the divorce process, we have compiled a list of tips to help navigate divorce in New Jersey:

 

 

 

 

 

Always Work with a Divorce Lawyer

It may be tempting to save a few dollars and represent yourself. However, you’re far more likely to end up losing out financially when you don’t work with someone familiar with New Jersey divorce laws.

Don’t Move Around Assets

Even if you aren’t doing it with bad intentions, moving around assets can look bad when going through a divorce. If you have to move money around, be sure to let your spouse and lawyer know first.

Don’t Settle Until Your Lawyer Looks Everything Over

A settlement isn’t a bad thing, as it can speed up the process. However, have your lawyer do a final evaluation before agreeing and signing any paperwork to best protect your rights.

Protect Your Image

Anything you do during the divorce process can be used against you. Protect your image by avoiding social media during your divorce.

Keep Your Kids in Mind During This Time

Divorce can be difficult for children. Dividing assets can lead to disagreements, which can easily lead to the children being placed in the middle of things.

Never Ignore the Judge’s Orders

The judge doesn’t always rule in your favor. If you don’t agree with a judge’s order, it’s best to work with your lawyer on filing an appeal rather than ignoring the order altogether.

Try to Be Realistic

The negotiations will go faster when both spouses are realistic. Instead of trying to win or get your ex-spouse back one last time, try to shift your focus to the future.

Practice Self-Care

Self-care is important during this stressful time. In addition to taking care of yourself, it can help you clear your mind for upcoming divorce negotiations.

Learn What to Expect

Learning what to expect each step of the way can be relieving. This is another reason why it’s so important to choose the right lawyer, as they will guide you through each step of the process.

Take Inventory of Your Assets as Soon as Possible

As soon as you consider divorce or receive divorce papers, take inventory of all your shared assets as soon as possible. This can help you prioritize and prevent your ex-spouse from hiding assets you may not know about. Track down all bank account numbers and loan documents you may need.

Know What You Want

Going into the divorce process knowing what you want and what’s most important to you can help when it comes time to make decisions. Make a list of the things most important to you.

Divorce is a difficult time for the whole family. Planning and preparation can help you get through the divorce without affecting you or your children too greatly. Go into the divorce knowing that you’re likely to have disagreements with your ex-spouse and that the negotiating skills of our legal representation may be more important than you think.

Contact a Voorhees Family Law Attorney for a Consultation About Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Voorhees, Moorestown, Cherry Hill, and Somerdale. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd # 207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

How to Handle Thoughts of Divorce During Valentine’s Day

How to Handle Your First Valentine's Day After Divorce

Valentine’s Day is right around the corner. For some, it is a day to celebrate your relationship and acts as a reminder to show your significant other that you appreciate and love them. For others, it’s a day that can remind them of the unhappiness that they currently feel in their relationship.

Valentine’s Day Leads Many to Consider Divorce

While some couples are preparing for Valentine’s Day with dinner reservations and ordering gifts, others are researching information about divorce. What is sometimes referred to as the Valentine’s Effect in the legal industry, is an increase in people reaching out to a lawyer to learn more about divorce.

There are a few reasons why divorce is on the mind of many couples around Valentine’s Day, including:

  • High expectations: Valentine’s Day brings with it high expectations. When a significant other doesn’t meet those expectations, it may lead some to wonder if divorce would make them happier.
  • Final consideration: Valentine’s Day follows the busiest holiday season of the year. If a couple is already recovering from the stress of the holidays and things don’t improve by Valentine’s Day, they may begin the process of considering divorce.
  • Extra-marital affairs: Valentine’s Day can also uncover extra-marital affairs as people make plans or buy gifts for other people.
  • Holiday disagreements: Certain milestones throughout the year, including Valentine’s Day, can remind couples how different they are or how much they’ve grown apart. 

These are just a few reasons why Valentine’s Day brings up the consideration of divorce for some couples. For some, it may be a new thought, one that comes after they feel disappointed by their spouse’s way of celebrating. For others, it may be the last of a series of disappointments of previous events or celebrations.

Either way, it’s a perfectly normal thought. There’s nothing wrong with reaching out and learning more about divorce to help you decide if it’s what you want. For some, it may be the behavior that you need to recognize that you and your spouse aren’t happy and that if you want your marriage to work, you’ll need to take action soon. For others, it may be a decision that you have already made but have put off for a while now. Either way, we’re willing to help you talk through this big life decision.

How To Navigate This Stressful Holiday

Valentine’s Day has been publicized and commercialized with commercials of people bringing home extravagant flower bouquets and presents for their loved ones. This can lead even the happiest of couples to feel disappointed when their loved one works late on Valentine’s Day or doesn’t meet their expectations when it comes to giving gifts.

The secret to surviving Valentine’s Day is to manage your expectations and make time for your spouse. What works for one couple may not work for another, so it’s important to consider the needs of your spouse and marriage. If you’re unhappy, this is a good time to bring up the conversation and make the necessary changes for happiness.

Contact a Cherry Hill Family Law Attorney for a Consultation About Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Cherry Hill, Voorhees, Marlton, and Moorestown. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

What to Do When Your Ex Stops Paying Child Support During COVID-19

What to Do When Your Ex Stops Paying Child Support During COVID-19

COVID has affected much of the world, financially and emotionally. When the country shut down for a few weeks, many people lost their jobs. Even people who were able to hold on to their jobs had to learn how to navigate a new world of increasing cases and the challenge of figuring out remote schooling.

If you rely on child support during this time, it can make the situation even worse when your ex stops paying. You may have legal options available to enforce your ex to make their payments. Failing to make court-ordered payments is illegal in New Jersey and is usually enforceable by the local court.

Modifications Can Help to Accommodate a Change in Finances

If your ex loses their job during this time, or their income significantly decreases, they can file for a modification. Filing for a modification requests that the court recalculates their child support payments based on their new income. Without this process, however, your ex can’t just skip payments or reduce them.

What to Do If Your Ex Stops Paying

One of the first things you’ll want to do if your ex has skipped a few payments is to report the missed payments. You can report missed payments to the Office of Child Support Services (OCSS). If your ex intentionally skipped payments and has income, the office may obtain payments using other methods, like garnishing their wages or a tax refund.

Other Potential Consequences of Non-Payment

If your ex skips their child support payments, they may be ordered to pay them through garnishments. If they don’t have a job that allows this, or still don’t pay the full amount of their monthly child support, the court may take other actions for further consequences. A few potential consequences include:

  • Suspend their driver’s license
  • Suspend a professional license
  • Put a lien on a personal property
  • Detain them

There are a few options available for seeking child support. If you find that these methods are still ineffective, it may be worth it to reach out to a child support lawyer. A lawyer can help you file the right paperwork with the right courts and ensure that they have all the information they need to track down payment.

What if My Spouse is Collecting Unemployment?

The year 2020 saw a record number of people collecting unemployment. Even if your ex is collecting unemployment, they are still responsible for making their child support payments. The same goes for other types of government compensation, including workers’ compensation payments or other disability payments.

A divorce or family lawyer can help you navigate child support during this difficult time. It can feel impossible to get answers to your questions, especially with many of the courts closed to the public. This can lead to a longer wait time for court hearings. In the meantime, you’re left trying to cover the costs of being a parent, without the additional payments from your ex that you deserve and rely on. Contact us today to navigate child support during COVID.

Contact a Cherry Hill Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Cherry Hill, Winslow, Collingswood, and Voorhees. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Do I Have to Pay Child Support if I’m Unemployed?

Child support is one of the main factors that plays a role in family law cases. However, when an individual is unemployed, it is not always easy to consider how you will make these payments. The New Jersey courts apply what are known as Child Support Guidelines to help establish and modify child support amongst families. 

The guidelines, as applied through New Jersey law, include the following aspects: 

  • Child support must be furnished by the parents 
  • Children are entitled to be the beneficiaries of the child support proceeds 
  • Children should not become economic victims to a divorce or parental separation 

How Child Support is Determined in Voorhees Township, NJ 

There are many factors that help determine how much child support is owed, including the amount of income the parents make, commissions, work bonuses, Social Security payments, and the overnight parenting time arrangement. What happens when a parent does not have income? The court will help determine how much the party is able to earn based on their prior work history and their earning capacity from past information. Of course, there are factors that help determine if the party will be able to find work in their particular area and how much people in the area typically make from their jobs. 

When a Parent Tries to Avoid Paying Child Support 

It is not unheard of for a parent to try to avoid paying child support. Some parents feel as if they are punishing the other party by choosing unemployment in order to evade child support, such as quitting their job so that they can avoid making payments. The courts will recognize this and will order child support based on the imputed income of the parent, which means that they will have to find employment. Until the child’s needs are met, the court will determine this information based on the best interests of the child. 

If a Parent is Unable to Afford Child Support in New Jersey 

Of course, some parents do not choose to intentionally lose work but their circumstances change, leaving them unable to keep up with their payments. A parent who is not able to keep up with their payments should never stop making them without taking action. 

Instead, a parent is urged to go back to court so that they can have child support modified. If a parent does not return to court to have their support modified to meet their obligations, they will accrue an arrearage, which means that they will owe money and their former spouse will be able to file an enforcement motion or application against them. This could lead to the imposition of counsel fees, litigation costs, and even jail time. Absent extraordinary circumstances, the child support arrearages constitute a lifelong financial obligation which must be dealt with and cannot be discharged. 

Having Legal Help on Your Side if You Are Unemployed 

If you are unemployed and unable to meet your child support demands, it is important that you have a legal advocate on your side who can make you aware of your options. The laws surrounding New Jersey child support can be complex at times, which is why our attorneys at The Law Offices of Daniel K. Newman are here to assist you when it comes to your child support obligations and receiving a potential modification. Contact us at (856) 309-9007 for more information. 

Contact a Voorhees Law Attorney for a Consultation About Child Support Payments in New Jersey Today 

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Voorhees, Camden, Burlington and Gloucester. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, New Jersey 08043. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. 

Bankruptcy and Divorce: Things to Consider

divorce lawyer voorhees nj

There are many things to consider when planning for a divorce. Of course, you will have to come to an agreement on how you will divide owned assets like property and finances. Large debt and financial difficulties might make you consider filing for bankruptcy. However, filing for bankruptcy while in the process of a divorce can be tricky and there are a few important things to consider.

Determining When to File for Divorce

Ideally, the most convenient time to file bankruptcy may be once the divorce is completed. However, waiting to file for bankruptcy until the divorce proceedings are over might not be an available option for everyone. A pending bankruptcy will change a few key components of the divorce process.  Most notably, the New Jersey state divorce court cannot equitably distribute the marital property in the midst of a bankruptcy proceeding. The marital assets are part of the bankrupt estate, and will be administered in the bankruptcy proceeding by the trustee on behalf of the creditors.  

It can be tricky deciding what information to include when a divorce is pending and the answers to these questions can affect your bankruptcy ruling. If you are unsure how to file or have questions about what information to include in the filing, it may be useful to work with a divorce lawyer.

How Bankruptcy Can Affect Divorce

While each bankruptcy and divorce case differ, there are a few general rules to understand.  A pending bankruptcy and any stay under federal statute or federal bankruptcy court order cannot cancel, forestall, discharge or dismiss alimony support or child support obligations.  

Other divorce obligations, however, like property debt or loans, may be forgiven under bankruptcy filing. It is useful to work with a divorce lawyer who is familiar with New Jersey’s divorce laws to better understand your individual options.

New Jersey Automatic Stay Laws

Under federal bankruptcy laws, an automatic stay is initiated after filing of the bankruptcy petition.  An automatic stay essentially means that all creditors and debts are put on hold while the details of the bankruptcy are being determined. But it also prevents initiation of a divorce proceeding or continuation of a pending divorce proceeding.  A motion may be filed in the federal bankruptcy court, however, to lift the federal bankruptcy stay insofar as dissolution of the marriage and support obligations are concerned.  

Discuss Your Divorce Case With a Divorce Lawyer Today

If you are considering, or currently involved in, a divorce case, and you are also considering bankruptcy, it is important to reach out to an experienced lawyer as soon as possible. The assets, debts, and details of each divorce case differs, so it is crucial to work with a legal team that can help you navigate your case.

Going through a divorce or bankruptcy, even at the same time, doesn’t have to feel overwhelming. Let our team of experienced New Jersey lawyers help guide you through the process, ensuring that you know what to expect and when, while protecting your legal rights throughout the legal process.

Contact a Cherry Hill Family Law Attorney for a Consultation About Bankruptcy During Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorney at the Law Offices of Daniel K. Newman represents clients throughout the state, including Camden, Cherry Hill, Gloucester Township, and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

COVID-19 & The Rise In Divorce Rates

Much of the United States has watched other countries and how they are dealing with COVID-19 to better understand what we can expect. We’ve watched case numbers increase and decrease and learned what to do and what not to do while dealing with this unprecedented global pandemic. We’ve also learned a few things from paying attention to the outcome as countries around the world have adapted to this new virus. 

In addition to the direct impact of the virus, COVID-19 has also left countries with long-lasting effects, both financially and socioeconomically. One such trend is that of divorces. China has noticed a significant increase in the rate of divorces following the COVID-19 emergence. There are many factors that are contributing to that increase. 

How Is COVID-19 Affecting Families and Marriages? 

COVID-19 is affecting the majority of the world in one way or another. Even individuals who are never exposed to or never had any symptoms of the virus are affected in other ways. They might lose their job or deal with increased stress levels in an otherwise already struggling relationship or marriage. 

Families are facing the following pressures during COVID-19: 

  • Financial difficulties due to loss of employment 
  • Difficulty planning for the future 
  • Around-the-clock childcare 
  • Social isolation 

The ongoing impact and stress of the virus could leave many people questioning the happiness in their marriage. Financial difficulties and parenting are already top contributors to divorce. 

What to Do If You’re Considering Divorce During COVID-19 

If you’re currently considering divorce, then you will want to follow these steps: 

  • Give yourself time to consider: COVID-19 has been stressful on many families all over the world. Before jumping into a decision that you might regret, it is a good idea to give yourself time to consider it. If possible, find ways to enjoy time apart, even while confined to the same household. 
  • Create a divorce plan: Divorce changes the dynamics of a family. It requires parents to determine a child custody agreement. It might require that you find a new residence, which can be difficult during quarantine. If you have already decided that divorce is the only answer, it can be helpful to consider a plan ahead of time. 
  • Discuss your plans with your spouse: Being open with your spouse when you are considering divorce is important. You will need to work together to determine the best living arrangements for you and your children. You will also need to divide your assets. 
  • Discuss your case with a family lawyer: Discussing your case with a family lawyer offers many benefits. It allows you to think logically about the divorce and provides you with a detailed plan of steps you need to take as you prepare for the divorce. Working with a New Jersey lawyer can also give you answers to how to navigate a divorce during COVID-19. 

You can expect delays if you choose to file during COVID-19, as many courthouses are closed to the public. Fortunately, you can discover your options by discussing your case with a family lawyer remotely. New Jersey courts have also implemented temporary measures, like video/audio court sessions or conference calls with the judge, attorneys and parties. 

It can also be beneficial to discuss your options with a New Jersey family lawyer if children are present in the marriage. Child custody can make the process more difficult. Fortunately, you don’t have to navigate this difficult time on your own. Our legal team is here to help you navigate divorce during COVID-19. 

Contact a Voorhees Family Law Attorney for a Consultation About Divorce in New Jersey Today 

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at the Law Offices of Daniel K. Newman represents clients throughout the state, including Camden, Cherry Hill, Gloucester Township, Voorhees and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd, #207, Voorhees Township, NJ 08043. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. 

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