Whose Last Name Does the Child Carry Post-Divorce?

In New Jersey as in other states discussing children and parenting legal issues, the tradition of a child taking his or her father’s last name was once the standard. In recent years, however, the courts have set a new standard for names, this one is based on what the best interests of the child might be. The court is quite firm that this standard has no relationship to gender-based traditions: that is, it’s not automatic that children should carry their father’s name, if it can be shown that this isn’t in the child’s best interest.

When might it be in the best interest of the child to change names? The Superior Court has listed 4 key factors to be considered in applying this best-interests standard: Read more

No Child Left Behind: Moving with Your Children Post-Divorce

Children, Relocating and Divorce
Your boss tells you they’re closing down the branch office you work for and moving your job to a city 200 miles away. He’s hoping you’ll be willing to relocate — even offers you a pay raise and financial help with the moving and house-hunting. The school systems in the new location are world-class, so there are many good reasons to move. But what does moving mean for you legally with regard to your children and your ex spouse? Read more

Take These 5 Steps Before Filing For Divorce

There is plenty of step-by-step advice out there on how to file for divorce. But in our experience, there’s almost no discussion of the preparations you need to do before filing. Filing for divorce is like skydiving: there’s an awful lot of logistical planning to do in the weeks and months prior to the jump.

So before you start filling out forms, consider these five steps: Read more

4 Key Traits for Finding the Best Divorce Lawyer & Questions to Ask

How to Find the Best
You’ve come to the end of the road: your marriage isn’t working, and you want out. But you don’t know the first thing about how to begin the divorce process, or what the steps are between filing and finalization. So the obvious move is to find a divorce lawyer… but how do decide who would be best for you and your situation? How do you select one who will help you get what you want without emptying your wallet? Read more

Pet Peeves in Divorce Court: Deciding Custody of Animal Companions

Pet Custody and Divorce
For many of us, our pets are just like children. In recent decades, the question of “pet custody” has become a very real issue in divorce courts around the nation, especially when the break-up isn’t amicable. Court battles over pets can get just as nasty as child custody battles — or sometimes nastier. And it’s not an issue that’s likely to go away any time soon, particularly since courts (and legislatures) are starting to address the issue. Read more

Divorce After 50 — What’s Different About It?

New Jersey Legal Relationship Agreements

The Wall Street Journal recently reported on a divorce boom among the over-50 crowd. “Gray divorce” is on the increase in spite of an overall trend of lower divorce rates. Although the WSJ’s article was exploring why this trend is happening, we’d like to point out that there are some unique factors in later-life divorce that might make a difference in how you go about a post-50 split. Read more

Alimony Reform Close, But What Can You Do Now to Reduce Spousal Support?

Alimony reform is in the air in New Jersey. Following the lead of Massachusetts and Florida, legislation is being introduced to overhaul the state’s current rules for awarding spousal support, which many say are outdated for today’s economic conditions. Read more

Domestic Violence & Restraining Orders: What to Worry About With the New Jersey Process

The horrifying case of a New Jersey women stabbed 27 times by her ex-boyfriend who ignored a restraining order is a powerful reminder of how important it is for every victim of domestic violence to be backed up by the legal system. In our work with clients affected by domestic violence, we know that understanding the process of obtaining a restraining order and what is needed to make a TRO (temporary restraining order) permanent and “final” are critical steps to staying safe.

If you are preparing to file for an order of protection, we offer (below) further tips and helpful information that you can use along with the more in-depth information we have put together on How to File Forms & Find Help with The Restraining Order Process in a Domestic Violence Case. You will also find visual aides, worksheets and PDFs to print out to help you with getting a restraining order in a domestic violence situation and the legal process it entails in New Jersey:
Read more

Divorce Tax Mistakes to Avoid

Financial Information

Ending a marriage is difficult enough. But if you’re recently separated or divorced, you have the added burden of figuring out a new and more complicated tax situation. In our founding partner’s most recent Huffington Post piece (see below for the link), Bari Weinberger gave us answers to the top four tax questions she gets asked by clients who are in the process of divorce. We’re following up with three more common mistakes divorced taxpayers make on their taxes and how to avoid them. Read more

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