LGBT Divorce and Property Division

same-sex divorceAs we mark the 1-year anniversary of marriage equality in the United States, it’s a good time time to take a look at the state of LGBT divorce. Just like straight couples, some LGBT couples may ultimately decide to end their marriage in divorce. Given past difficulties with the law, however, many LGBT couples who plan to file for divorce may find themselves wondering if the well-established family laws apply to them and their marriage just as they have applied to straight marriages for hundreds of years. Read more

4 Steps To Take When Divorce Negotiations Are Stalled

stalled divorce negotiationsMany more people today are wisely attempting to negotiate their family law issues rather than engage in expensive and costly litigation. Couples are assisted in this approach by trained family law mediators and collaborative divorce professionals who guide the parties and make recommendations to both to help facilitate settlement. Other couples attempt to negotiate with their exes without assistance, which can prove to be much more difficult and time consuming. Either way you approach negotiations, what can you do if you are finding that the negotiations are not working? Read more

Lessons Learned From The Johnny Depp And Amber Heard Divorce

Johnny Depp & Amber Heard Divorce

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Making headlines this week has been the celebrity divorce of Amber Heard and Johnny Depp. Heard filed for divorce from Depp last Monday, citing irreconcilable differences and seeking temporary spousal support, which she was denied. On Friday, the divorce took an explosive turn when it emerged that Heard had been granted a temporary restraining order against Depp. In court papers, she claimed Depp had been violent towards her on several occasions during their 15-month marriage, including an incident the weekend before she filed for divorce in which Depp allegedly struck her in the face with a cell phone. Charges in the matter have not been filed. Read more

Negotiating Your Marital Settlement Agreement

Negotiating Your Marital Settlement AgreementMany people have terrible visions in their minds when thinking about divorce. They expect to face a scary judge and a stressful trial. The truth is that, in New Jersey, the vast majority of divorce cases settle and they settle long before a trial begins. In fact, the courts in New Jersey greatly favor people who are divorcing to settle their own issues and work together to come up with an agreement that both husband and wife can live with not only at the time the agreement is signed, but also into the future. Remember, any marital settlement agreement will follow these ex-spouses around for a long time, especially if terms of the agreement discuss children.

So, how do you successfully negotiate a martial settlement agreement? Here are a few tips to help get you to a place where you are ultimately at peace with your marital settlement agreement: Read more

How To Get A Divorce Like Gwyneth: 3 Top Tips For Conscious Uncoupling

Conscious Uncoupling: Divorce Like Gwyneth Paltrow

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When Gwyneth Paltrow and Chris Martin ended their ten-year marriage in March 2014, they announced their intention to protect their children by having a “conscious uncoupling.” Millions scratched their heads at this lofty moniker: what was “Conscious Uncoupling?” Some sort of artisanal divorce, if there could be such a thing?  Or was it something new altogether? As it turns out, Gwyneth borrowed this phrase from therapist Katherine Woodward Thomas, whose book Conscious Uncoupling: 5 Steps To Living Happily Even After provides a blueprint on how to take a more mindful approach to divorce. Read more

Want to Stop Paying Alimony Because Your Ex is Living with Someone? You Better Have Proof

Depositphotos_87970508_originalWhen does dating rise to the level of the legal ground for terminating or suspending alimony known as “cohabitation“? And what kind of evidence can prove that a spouse has entered into this deeper kind of relationship? A new court case takes a look. Read more

Cohabitation and Alimony in New Jersey: The Quinn Case

cohabitation & alimony concernsSince New Jersey enacted the Alimony Reform Act in 2014, an ex-spouse no longer has to be living full-time in the same home with another person to be considered by the court to be “cohabiting” with that person. Prior to the Act, many divorced people would act as though they were married to their new partner, but would stop short of actually moving in with that person full time, in an attempt to keep their alimony. Now, a divorced spouse does not need to be living with a new boyfriend or girlfriend on permanent, full-time basis to have their alimony stopped. Read more

Mediation, Collaborative Divorce or Litigation: What’s Right For Me?

mediation, litigation, or collaborative divorce?Much like how every marriage is different, every divorce in New Jersey is different too. You may have just come to terms with the fact that you are ready to file for divorce. Now what? Should you come to an agreement with your spouse? Are you anticipating a divorce trial? Are you and your soon-to-be ex on amicable terms or are you expecting a fight on each and every issue? Do you have very complex issues that need to be resolved?

Depending on your circumstances, there are several possible ways to resolve your differences and become divorced in New Jersey. Which path is right for you? Let’s take a look. Read more

Weinberger Divorce & Family Law Group, LLC Publishes New Guide To Alimony In New Jersey

alimony in new jersey Deciding alimony in your divorce and what to know how to get the fairest settlement possible? Weinberger Divorce & Family Law Group, LLC is pleased to announced the publication of A Guide to Alimony in New Jersey, the newest title in our Family Law Jersey Style series of consumer-friendly law guides. Available on Amazon in both print book and Kindle ebook formats, A Guide to Alimony in New Jersey provides valuable tips and practical explanations to help you understand the alimony process, whether you are the spouse who will pay or the spouse who will receive support. Read more

My Spouse Gave Me An STD: Can I Sue?

Filing a marital tort claimA long time ago, spouses were not able to sue each other for torts, or certain “wrongs” done to one another because of a doctrine called “spousal immunity.” That doctrine has long since gone by the wayside, opening the door for divorcing spouses to sue each other for various types of civil “wrongs” called marital torts. Read more