Who Gets the House in a Divorce?

Marital Assets and Property

You’ve lived there for 20 years. Now one of you has to leave. And a central question in divorce is: Who gets the house?

It may seem like getting the family home in the divorce settlement is a victory. But is it? Think it through: along with the property come property taxes. And there’s usually a mortgage (which in many cases is too much for one person to afford easily). If you’re like most couples, you and your spouse have precious little equity to show for your home ownership right now—but trying to sell is going to be a lengthy affair. You may even lose money. So is it a blessing to get the house — or a burden? Read more

Who Gets Custody of the Family Business in a Divorce?

When Jennifer Lopez went on the Today Show last month, she brought up an interesting subject: What happens when the guy you’re divorcing is the same guy you’re in business with? In J-Lo’s case, Lopez is co-producing a new TV series, “Q’Viva — The Chosen,” with her ex-husband, Marc Anthony. The project has been in the works since long before the couple decided to split and — surprisingly — the business venture will survive their split. As Jennifer explained to Today Show host Matt Lauer, the passion and commitment both she and Marc feel towards the show outweighs their personal differences, so they have agreed to keep working together, despite any leftover emotional baggage. Read more

Spike in Smartphone Usage Notes a Spike in Evidence for Divorce Cases Too

Not surprising, new research from Google shows that smartphone usage is surging globally. People use their mobile devices for just about everything these days and the trail of texts, calls, emails, and photos is not just spanning worldwide use, but is now following them into divorce court. According to a new survey conducted by the American Academy of Matrimonial Lawyers (AAML), more than 90% of the nation’s top divorce lawyers report a recent spike in divorce cases that use evidence taken from smartphones, including Androids, BlackBerrys and iPhones.

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Divorcing? Consider a Lifestyle Analysis

As part of the New Jersey divorce process, you will need to complete a Case Information Statement – essentially what amounts to a listing of a couple’s financial assets and liabilities as well as income and family expenses. The courts then use this document, in part, to determine such critical financial matters as division of assets, alimony, and child support.

In a perfect world, the information written down on the Case Information Statement would be 100% accurate and complete. But what if you don’t have access to old bank accounts, are unsure how much you owe on your mortgage, and have no idea how much money it takes to pay the bills each month – and on top of this have an uncooperative spouse only willing to supply minimal information? Instead of guessing or estimating – and possibly suffering the consequences of an inaccurate financial record — your lawyer may recommend a process called lifestyle analysis.

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New Jersey Officially Amends Outdated Alimony Laws

A New Jersey Senate Judiciary Committee has passed amendments to New Jersey’s currently outdated and oppressive alimony laws. As reported by Marketwatch the effort was headed by Democratic Senator Nicholas Scutari with support from the New Jersey Alimony Reform and its director, Tom Leustek–whose efforts toward this end were previously reported in our blog post about Ending Lifetime Alimony. Read more

Ending “Lifetime Alimony”

Imagine this: your divorce ends with you being told that you have to pay alimony to your ex. You don’t like it, but you do it. Then you lose your job. You can’t afford anything for yourself, let alone payment of anything to someone else. The only way you can get your alimony payments lowered or suspended is to go to court, where you now have to prove that your financial situation has seriously changed. You’re told that you haven’t been unemployed long enough to show that your circumstances have changed. Now you’re forced to wait around and prove that you’re unemployed, racking up more and more debt every month. Additionally, you’ve also had to spend money on a lawyer to try to prove that you have no money.

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Name Game: Can Your Ex Change Your Child’s Name?

What’s in a name? That which we call a rose by any other name would smell as sweet.

That was a very lovely thing for Juliet to say to Romeo, but the truth is that a name is a big deal–especially when it’s your child’s name and your ex wants to change it.

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Bari Weinberger – The Voice of Central Jersey WCTCAM Radio Exclusive Interview

Central New Jersey’s 1450 WCTC AM Talk Radio Bert Baron talks to Bari Weinberger with this EXCLUSIVE interview aired yesterday, Tuesday, January 17, 2012.

Hear this on-air on-demand podcast radio interview and learn more about family law attorney Bari Weinberger. Included in the interview is a discussion about our vitally-important webinar: The 5 Critical Risks of Divorce!

Talking About Marriage & Divorce…

Which celebrity power couple announced their divorce after being married for just over a year–and which celeb is on tap to make a huge payout to a former spouse? What happened to make an Italian couple the oldest divorcees in the world? And what new details were revealed this week about a prominent politician’s divorce? After scouring the web for the latest news, views, and tweets from the world of marriage & divorce, here’s the scoop on this week’s headline-grabbing stories:

Celebrity Divorces:

 

Katy Perry and Russell Brand won’t be ringing in the New Year with their wedding rings on, after Russell filed for divorce in California on December 30, 2011, citing irreconcilable differences. Divorce rumors began to swirl around the comedian and Teenage Dream singer when it was reported that they had spent this year’s holiday season living apart.

According to TMZ,  Russell indicated the couple have “community property assets”, a sign the star couple did not sign a prenuptial agreement, or the one they did sign doesn’t cover all of the earnings and other assets they accumulated since their October 2010 wedding.

In other Hollywood news, Mel Gibson officially became single again this week, but not before paying out half of his estimated $850 million fortune to ex-wife Robyn Moore in what is being called one of the largest divorce settlements in history.

Because the couple didn’t have a prenuptial agreement, Robyn, 55, was legally entitled to half of everything he earned during their marriage and she is also entitled to 50 per cent of Mel’s future film earnings. According to the OC Register, Mel now joins such fellow celebs as Paul McCartney and Tiger Woods when it comes to high payout divorce settlements. In 2006, Paul McCartney paid former wife Heather Mills a sum of $50 million after arguing with the judge that his assets were not as great as Heather claimed. In 2010, Tiger Woods paid Elin Nordegren $100 million after their five-year marriage ended in scandal.

Sources & Resources  this week for Celebrity News:
http://www.tmz.com/2011/12/30/katy-perry-divorce-russell-brand/
http://www.ocregister.com/articles/divorce-333206-gibson-fortune.html

In Political News:

 

Newt Gingrich’s campaign still denies that it was the former Speaker of the House who sought a divorce in 1980 from first wife Jackie Battley Gingrich, an issue that has been the basis of personal attacks in the lead up to the Republican primary race. But as CNN reports, recently unearthed court documents show that not only did Newt file for divorce, citing the marriage as “irretrievably broken” but Jackie Gingrich responded to the complaint by asking the judge to reject her husband’s filing, stating, “Defendant shows that she has adequate and ample grounds for divorce, but that she does not desire one at this time.”

Newt Gingrich maintains that his wife requested the divorce, with daughter Jackie Gingrich Cushman bolstering this account in an op-ed she wrote last year. Until they were located last week, the Gingrich divorce court documents had been hidden in an undisclosed location due to security concerns, says the Clerk of Court for the Carroll County Superior Court in Carrollton, Georgia.

Sources & Resources this week for Political News:
http://www.cnn.com/2011/12/26/politics/gingrich-divorce-file/index.html

Worldwide:

Are we about to set a new record for the world’s oldest divorce couple? A few days before Christmas, a 99-year old Italian man, identified by lawyers only as Antonio C, was rummaging though some papers when he discovered a set of love letters from the 1940s written by his wife of 77 years, Rosa C, 96, to the man she had a secret affair with all those decades ago. Though Rosa came clean about her past indiscretions, Antonio immediately filed for divorce. The couple have five children, a dozen grandchildren and one great-grand child. If the divorce does go through, Rosa and Antonio will become the world’s oldest divorcees, displacing current record holders,  Bertie and Jessie Wood, both aged 98, from the UK.

Sources & Resources this week for Worldwide News:
http://www.telegraph.co.uk/news/newstopics/howaboutthat/8982958/99-year-old-divorces-wife-after-he-discovered-1940s-affair.html

Marriage in Tweets:

As seen in Twitter this week:
Marriage isn’t until dislike do us part; It is until death do us part. Choose your spouse wisely #Marriage — via @marriage4

Some wise words to consider as we welcome 2012.

Happy New Year!

New Year, New Life: Grounds for Divorce in New Jersey

Free Video - 5 Risks of DivorceResolved to move forward with your divorce in 2015? It’s not uncommon to consider the new year a time for a new life. January 1st has many taking first steps towards much needed changes in their lives. The first step typically taken when dissolution of marriage is desired is to file a Complaint for Divorce, essentially one spouse’s request for the court to grant a judgment of divorce. In the Complaint for Divorce in New Jersey, the filing party must provide the ground for divorce, or the reason (or reasons) why the marriage needs to end.

There are a number of acceptable grounds for divorce in New Jersey. New Jersey divorce law does include both fault and no-fault grounds, however, the terms of a final settlement are not necessarily determined based on fault or no-fault in a divorce (find additional information in our articles about contested divorce and uncontested divorce in New Jersey).

As you start to think seriously about filing for divorce, you should consider which of the following grounds apply in your situation, such as:

– Irreconcilable Differences: Because this is one of New Jersey’s “no-fault divorce” grounds, irreconcilable differences simply mean that there has been a breakdown of the marriage that has lasted at least six months and there is no reasonable prospect of reconciliation. Without specific accusations, or laying blame on one spouse, citing irreconcilable differences may help to make the divorce process less contentious.

– 18 Month Separation: If you and your spouse have lived in different houses for 18 consecutive months or more, you may be eligible to file for divorce on the basis of separation. Because this is New Jersey’s other no-fault ground for divorce, you do not need to detail why you separated, but at the end of 18 months you will need to file a sworn statement that you and your spouse have been living separate and apart, in different houses, for 18 months or more and that you do not expect to reconcile. Be aware that living in the same house in different bedrooms does not fulfill this requirement.

– Extreme Cruelty: Prior to the implementation of Irreconcilable Differences, this was by far the most common ground for divorce in New Jersey, partly because extreme cruelty (despite the harshness of the wording) is subjective enough to cover both mild and severe forms of cruelty. For instance, extreme cruelty can describe a situation in which domestic violence is present, but it can also apply if one spouse simply feels that he or she has not received adequate emotional support for the past several months. When cited as a ground for divorce, extreme cruelty may be as expressive or understated as one would like it to be. However, it must offer enough detail to convince the judge that it would be unreasonable to expect the filing party to continue to live with and remain married to their current spouse.

– Adultery: If this ground for divorce applies, New Jersey requires that the complainant in an adultery divorce case state the name of the person with whom the extramarital affair was conducted. This person becomes known as “the correspondent” and will be sent a copy of the Complaint, which he or she can then dispute. If the correspondent’s name is not known, the person who files must give as much information as possible to describe this person. Evidence of adultery includes receipts for hotels and gifts, eye-witness accounts, photos, love notes and cards, and private investigator reports.

– Desertion: According to New Jersey divorce law, Desertion is different from Separation in that Separation requires “separate and apart” living conditions. Grounds on Desertion do not have to be separate and apart living conditions. This ground tends to arise when there is “willful cessation of sexual relations”.  Note the emphasis on the word  “willful” under this ground for divorce, which also can include “willful departure.” Desertion has a reduced time period too, requiring at least 12 months under its guidelines.

– Voluntary Addiction to Narcotic Drugs: Addiction is defined as a dependence on narcotics for a period of 12 or more consecutive months immediately preceding the divorce filing. If you choose this ground, you may need to provide evidence of the addiction.

– Habitual Drunkenness: As with drug addiction, drunkenness and alcohol abuse may be used as grounds for divorce. Evidence of alcoholism may also be part of your pleadings.

– Mental Illness: According to New Jersey statutes concerning divorce, this ground applies when one spouse has been institutionalized for mental illness preceding the filing of the Complaint.

– Imprisonment: If your spouse has been in a prison after marriage, this ground for divorce may apply in your situation. You can file a Complaint while your spouse is still in prison. If you wait until after he or she is released, you can still file using this ground, provided the two of you are no longer living together with the intent to reconcile.

– Deviant Sexual Conduct: This ground refers to sexual conduct engaged in by one spouse without the other’s permission or consent. The exact nature of the deviant sexual conduct is undefined under current New Jersey divorce law.

Which grounds for divorce best applies in your case? Every divorce case is unique, so it is vital for anyone filing for divorce in New Jersey to be represented by an accomplished New Jersey Family Law attorney who can offer professional guidance on the advantages and disadvantages of using certain grounds for divorce.

To learn more about starting the divorce process, which grounds to state in your Complaint for Divorce, or for general questions about divorce in New Jersey, please contact us.