Tag Archive for: new jersey divorce

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

Divorce for People in the Public Eye

Are you a celebrity, politician, or play on a professional sports team — and want to get a divorce? With high profile and celebrity divorce news dominating headlines these days, it’s trickier than ever for people in the public eye to keep divorce matters private. Unless, of course, you have the right lawyer on your side.

What makes some attorneys more capable than others at handling the complex needs of high-profile or celebrity clientele? Here are some qualities we think are important: Read more

Top 5 Ways NOT to Ask for a Divorce

Let’s face it, how you ask your spouse for a divorce matters. Going about it the wrong way can cost you in the long run (financially, emotionally, and in Newt Gingrich‘s case, politically), but going about it the “right” way can help to set the tone for a more collaborative — and less contentious — divorce. Getting ready to share the news? Here’s our list of the top 5 techniques to avoid, and some ideas to consider instead: Read more

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!

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.

Military Divorce Rates on the Rise in 2011

Military divorce rates reached a record 12-year high in 2011, with one in every 27 married troops getting divorced this past year, according to a new report from the U.S. Defense Department. The military divorce rate of 3.7 percent now stands slightly higher than national divorce rate of 3.5 percent and officials expect to see this number continue to rise as troops return home from service in Iraq and Afghanistan.

Among the revealing statistics contained in Defense Department data:

  • Members of the Air Force have the highest divorce rate (3.9 percent), up slightly from 3.8 percent in 2010.
  • The U.S. Marine Corps is the only service branch to see a decline in divorces: the 2011 divorce rate stood at 3.8 percent, a slight dip from 3.6 percent in 2010.
  • Among officers, the divorce rate lifted to 2.1 percent in 2011 from 1.9 percent in 2010.
  • Among enlisted service members, the divorce rate remained flat this year at 4.1 percent.
  • Overall, there were approximately 30,000 military divorces in 2011, data shows.

Interestingly, gender also played a significant role in rising military divorce rates, with women in the military demonstrating the most divorces overall. As USA Today reports, close to one in 10 marriages of female service members, or roughly 10 percent, ended in divorce this past year.

Officials also predict that military divorce rates will likely remain high as troops continue to return from the Middle East and reunite with families and spouses from whom they have been apart.

“As the wars in Iraq and Afghanistan draw down, we’re going to put more families together who haven’t been used to being together,” a spokesman for the Army Office of the Chief of Chaplains said at a press conference this week.

Weinberger Divorce & Family Law Group, LLC has extensive experience helping our servicemen and women through their divorce matters, whether or not they remain on active duty. We understand the intricacies unique to each branch of the armed forces and appreciate the need to obtain resolution with honor and dignity.

For more information specific to the military divorce process in New Jersey, please read our “New Jersey Out-of-State, International, Military Divorce” page and contact us with any questions specific to your marital situation.

Sources:
USA Today News – Military Divorce Rate Increases: http://www.usatoday.com/news/military/story/2011-12-13/military-divorce-rate-increases/51888872/1