Posts Tagged divorce

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?

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.

11 Tips for Getting a Divorce

Divorce 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.

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.

BAD BEHAVIOR AND ALIMONY

Your spouse has been unfaithful to you, has been physically and/or mentally abusive, or has been involved with illegal or immoral activities, and you want to file for divorce. Is the court going to take this bad behavior into consideration when deciding whether or not you have to pay alimony? The answer is possibly, but not necessarily.

In a case entitled Mani v. Mani, 183 N.J. 70 (2005), the New Jersey Supreme Court described alimony as an economic right that arises out of the marital relationship. It is intended to provide the dependent spouse with a level of support and standard of living comparable to the quality of life that he or she enjoyed during the marriage. If bad behavior by the party who is otherwise eligible for alimony has negatively affected the economic status of the marital parties, fault may be considered in calculating alimony. But if the marital misconduct does not affect the economic status quo of the parties, generally, it is not to be considered in an award of alimony. The only exceptions to this rule are cases where the potential alimony recipient is guilty of egregious fault. In the Mani case, the New Jersey Supreme Court referred to a California statute which barred alimony payments to a dependent spouse who attempted to murder the supporting spouse. Deliberately infecting the spouse with a loathsome disease was also cited by the Mani court as an example of egregious fault. In the case of Clark v. Clark, 429 N.J. Super. 61 (App. Div. 2012), the Appellate Division of the Superior Court of New Jersey further defined “egregious fault.” This lawsuit involved a situation in which the wife conceived and carried out a long-term scheme to embezzle the cash receipts from the parties’ pharmacy business. The wife’s actions were criminal in nature and demonstrated a willful and serious violation of societal norms. This type of conduct is willfully, wrong, fraudulent and purposely intended to deprive the other spouse of the economic benefits of the marital partnership, and it may serve to lessen or abolish alimony.

In the case of Puchalsky v. Puchalsky, 2014 WL 9913174 (App. Div. 2015), an unpublished opinion, the Appellate Division affirmed the trial judge’s alimony ruling. Both husband and wife were involved in income-tax evasion and healthcare fraud in the course of running a dental practice. Since both parties were involved in illicit activities, and neither party would be able to replicate their martial lifestyle irrespective of how much or how little alimony was awarded, the appellate court let stand the trial judge’s alimony award.

As unfair as it may seem to the aggrieved party, in a no-fault state such as New Jersey, the court does not generally take into consideration your spouse’s infidelity or the behavior you had to endure during your marriage, when deciding on the amount and term of alimony. Bringing these types of behavior to the judge’s attention can be valuable, however, with respect to other decisions the court must make such as custody and parenting time, for example.

So, before concluding that you may be “off the hook” in terms of paying alimony to your spouse in light of his/her bad conduct, unless that conduct causes measurable financial harm, it likely will be a negligible factor at best in considering the amount and length of alimony to be awarded.

Top Benefits of Premarital Agreements

To ensure financial solvency and to protect assets, some individuals may choose to sign a prenuptial agreement. The decision to get a prenup, however, should not be based on wealth. No matter your financial situation, a prenup could add a layer of protection to your finances and benefit your relationship.

Business Protection

First and foremost, prenups are an essential tool for business owners. In the event of a breakup, this agreement protects small businesses by keeping commercial assets with the owner. Divorce lawyers may try to claim partial or full ownership for their client, even if the client was not involved in the day-to-day operations of the business. A prenup ensures one party maintains legal ownership. Building a small business is a monumental task, and business owners can help ensure the integrity of their life’s work by seeking counsel from an attorney before tying the knot.

Debt Protection

Prenups are not just an arrangement reserved for the wealthy. If one spouse enters a marriage with a significant amount of debt, a prenup may protect the other spouse from these debt obligations. In some instances, one party may have to relocate or quit a job for the marriage. Upon divorce, it may be challenging to find employment. A prenup could make this person financially whole by providing support.

Defining a Relationship

While it’s not romantic, the process of sitting down and discussing finances and goals can strengthen a relationship. Couples need to have an open dialogue and a shared vision of proper money management. Disagreements over money can dissolve a marriage. A prenup is a preventative measure that removes all ambiguity. It gives couples a solid foundation to build a long-lasting marriage.

A divorce lawyer can prepare a prenup. During a consultation, this attorney should cover these benefits as well as other logistical information to help you make an informed decision. Remember, a prenup can strengthen the bond between two people all while providing invaluable asset protection.

Thanks to Andrew Bird on flickr for the image used in this post.

How Is New Jersey Child Custody Decided and When May It Be Modified?

For many people, child custody determination is one of the more stressful aspects of divorce. Understanding how judges analyze child custody and parenting time in New Jersey can allay fears and prepare parents for often-emotional child custody proceedings. In addition, when a parent’s life dramatically changes after a child custody arrangement is finalized, knowing whether custody modification is possible also can be helpful.

When parents with minor children get divorced, they may create their own child custody arrangement and include it in a marital settlement agreement. If the parents are unable or unwilling to resolve the child custody issue, a judge will make a child custody determination that is in the best interest of the child.

CHILD CUSTODY FACTORS

When analyzing which custody arrangement would be in the best interest of the child, judges in New Jersey must consider the following factors listed in N.J.S.A. 9:2-4:

The parent’s ability to agree, communicate and cooperate regarding the child;
The parent’s willingness to accept custody and share custody with the other parent;
Any history of domestic violence;
The child’s and either parent’s safety from physical abuse by the other parent;
The child’s needs;
The age and number of the children;
The preference of the child if he or she is capable of forming an intelligent decision;
The quality and continuity of the child’s education;
The distance between the parents’ homes;
The stability of each parent’s home environment;
The amount and quality of time spent with the child before the divorce;
The parent’s employment responsibilities; and
The fitness of the parents to raise the child.

According to New Jersey statute, a person is not deemed unfit to parent unless his or her conduct has a substantial adverse impact upon the child. Also, there is no presumption that either parent is preferred for custody solely because of his or her gender.

The New Jersey Legislature has declared that the state’s public policy is to assure minor children frequent and continuing contact with both their parents, if appropriate considering the children’s best interest. After divorce, New Jersey laws also encourage both parents to share the rights and responsibilities of raising children. Therefore, the most common types of child custody in New Jersey is joint legal and shared physical custody.

TYPES OF CHILD CUSTODY

When joint custody is awarded, the child frequently alternates between the parents’ two residences. The child custody order will declare the physical custody and residential arrangements for the child and designate the Parent of Primary Residence (PPR) and the Parent of Alternate Residence (PAR). It also will contain provisions for communication between the parents on major life decisions for the child such as healthcare, religion and education.

Otherwise, if joint custody is not in the best interest of the child, a judge may award sole custody to one parent. Moreover, New Jersey law also allows judges to order any other custody arrangement that they determine is in the best interest of the child. Joint custody is most frequently ordered, however, and deviations from this norm are unusual.

CHILD CUSTODY MODIFICATION

Once a child custody arrangement is ordered, modification of its terms occurs only by agreement or a substantial change in circumstances.

Because the primary consideration in child custody determinations is the best interest of the child, a parent seeking to alter custody must establish a prima facie case for modification by showing that a substantial change in circumstances affects the welfare of the child such that his or her best interest would be better served by modifying the custody arrangement.

If the petitioner is able to establish a prima facie case for modification, a judge then must consider whether information gathering through discovery is necessary. If so, the judge will order discovery and define its scope. Oftentimes, the judge will hold a plenary hearing at which each parent presents his or her testimony, arguments and evidence. The children may be interviewed by the judge depending upon their ages.

A substantial change in circumstances is a difficult standard to meet. Job loss is not a probative factor unless the parent’s situation is so desperate that he or she is unable to care for the child; however, evidence of substance abuse or physical abuse by a parent is generally sufficient to warrant a change in child custody. Judges also consider the age of the child and his or her preferences, if old enough, as well as the child’s schooling and the lifestyle of the parent.

If you are considering divorce, are wondering what might happen with your children after divorce or would like to modify an existing child support order,contact a family law attorney with experience in child custody cases to discuss your legal rights and options.

Keeping Health Insurance After a Divorce in New Jersey

Federal health insurance reform did pass. But it has not fully taken effect yet, and the problem of being left without insurance after a divorce still exists in New Jersey and other states.

This article is an introduction to some of the options that a divorcing spouse has when his or her health insurance is affected by the marital breakup. For detailed advice customized to your specific circumstances, contact a New Jersey family law attorney.

EX-SPOUSE’S POLICY NO LONGER AVAILABLE

If your medical insurance was through your spouse’s policy, you need to consider your options for staying insured after a divorce. This is especially a concern for people with pre-existing conditions, who could easily be turned down by cost-conscious insurers in the private market.

If you get divorced, you cannot be on your spouse’s policy anymore. There is employment right to coverage for a very brief period of time under the federal COBRA law. You may then apply for individual healthcare insurance with the same company that insured you under COBRA, and you will not have to reapply for approval or undergo a physical examination. But COBRA premiums can be very expensive, and the COBRA exception may not be available indefinitely due to the healthcare reform law.

In New Jersey, for companies with fewer than 20 employees, it is possible that protections for divorced spouses similar to COBRA may be available. But again, those premiums are very expensive. You want to stay insured without breaking the bank.

So what do you do?

This is where the nuances of New Jersey divorce law really come into play. It’s important to understand the differences among a few different ways that your divorce can be structured.

LIMITED DIVORCE FROM BED AND BOARD

Under a judgment of limited divorce from bed and board, it may be possible to remain insured under your spouse’s policy. In New Jersey, a judgment of limited divorce from bed and board is just like a divorce, except that the marriage is not legally dissolved. Marital assets are divided like in a full divorce and issues involving children are resolved as in a plenary divorce proceeding. It is possible to file a motion at a later date to have it converted into a full divorce.

Until such a motion is filed, however, it may be possible to remain on your spouse’s insurance. This type of occurrence has become more common in recent months, perhaps due to the down economy.

Insurance companies have started to object to the practice, claiming that it is a way of circumventing divorce laws to keep someone on another party’s insurance. Although this is a legal gray area, involving the definition of an “insured” under a given policy, it is worth discussing with your family law lawyer.

OTHER OPTIONS TO MAINTAIN INSURANCE

Another option worth considering is to resolve the question of insurance as part of a separate maintenance agreement between the spouses. There is no formal dissolution of marriage, and thus no equitable division of property. But the spouse who needs insurance could receive it through a maintenance agreement that can accompany a legal separation.

A marital settlement agreement, by contrast, is premised on equitable distribution of property and allocation of debt. Here too, however, the agreement between the spouses could be structured to make sure that health insurance is covered.

Other alternatives may be possible as well. For example, one party could voluntarily dismiss a divorce complaint and remain on the other spouse’s health insurance for a certain period of time while making other insurance arrangements.

Talk these options over with a New Jersey family law attorney and decide what works best for you in your situation. Doing that will help you put your mind at rest and move forward with your life – with proper health insurance.

Posts Tagged divorce

1. Discuss Vacation Plans Early

2. Encourage Communication With Your Child

3. Fill Your Time When Your Child is Away

4. Learn to Compromise

5. Make a Checklist

6. Maintain Open Communication

Plan Ahead With Lots of Communication

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

Considering the Timing of the Divorce

General Rule

Examples of Marital property

Exemptions to Personal Injury Awards as Individual Property

What is Community Property?

Questions About Dividing Assets?

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

Always Work with a Divorce Lawyer

Don’t Move Around Assets

Don’t Settle Until Your Lawyer Looks Everything Over

Protect Your Image

Keep Your Kids in Mind During This Time

Never Ignore the Judge’s Orders

Try to Be Realistic

Practice Self-Care

Learn What to Expect

Take Inventory of Your Assets as Soon as Possible

Know What You Want

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

Valentine’s Day Leads Many to Consider Divorce

How To Navigate This Stressful Holiday

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

CHILD CUSTODY FACTORS

TYPES OF CHILD CUSTODY

CHILD CUSTODY MODIFICATION

EX-SPOUSE’S POLICY NO LONGER AVAILABLE

LIMITED DIVORCE FROM BED AND BOARD

OTHER OPTIONS TO MAINTAIN INSURANCE

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