Tag Archive for: new jersey divorce

Post-Divorce Increase in Income Impacts New Ruling on Spousal Support Calculations in Jersey

Has your spouse received a large raise at work since the two of you split? If you are seeking alimony as part of your divorce settlement, take note of this recent post-complaint ruling in New Jersey: a breadwinner’s increase in income following a marital separation or divorce may be used in spousal support calculations, especially if the spouse seeking support helped to make the earner’s success possible, according to Ocean County Superior Court Judge Lawrence Jones.

The ruling was handed down in Dudas v. Dudas, a divorce case that involved spousal support calculations at the end of the 26-year marriage of James and Pamela Dudas, reports the New Jersey Law Journal. James Dudas, the main breadwinner and an auto parts salesman, earned an average annual income of about $40,000 leading up to the couple’s 2007 split. In 2008, the year Pamela filed for divorce, James suddenly began earning much more money. In 2009, he took home $64,000, in 2010, $76,000; and in 2011, a projected $68,000.

Pamela was a stay-at-home mom for much of the marriage, with occasional jobs that rarely netted more than $18,000 per year. When Pamela requested that spousal support take into consideration her estranged husband’s higher income levels, James argued that alimony should be based on what he was earning when he and Pamela separated. Judge Jones sided with Pamela, finding that Pamela had provided James with a springboard for future success by maintaining a strong and stable household and working outside the home to support James when he tried, unsuccessfully, to start his own business.

“While on the surface there may appear to be logic and an attractive simplicity to defendant’s position, the financial complexities of divorce weigh heavily against completely excluding defendant’s post-complaint income from consideration in the alimony analysis,” Judge Jones wrote.

For Jones, the case boiled down to a question of equity — the goal of which is to enable both parties to enjoy a lifestyle as close as possible to the lifestyle they had during marriage; Jones reached the conclusion that recent successes that occur after a marriage separation and during the divorce process should not be ignored.

Post-divorce matters may warrant changes in your initial divorce agreement related to alimony as was the case in the recent Dudas divorce case or other modifications. To find out more about post-divorce changes for alimony or other New Jersey family law matters, just call us at (973) 520-8822 or consider scheduling a consultation online to discuss your specific situation.

Sources:
New Jersey Law Journal – Spike in Income After Marital Split Can Be Factored Into Alimony Determination:http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202521259101&slreturn=1

A Spooky Time – Take the Fear Out of Divorce and Finding a Divorce Attorney

When you are trying to find the best lawyer for your divorce or family law matter, who wants to play trick or treat? Yes, it’s a spooky time of year, but we don’t think you should ever feel fearful or alone when making decisions that can affect you and your family for years to come. And with our help and expertise, you won’t have to! Our clients find confidence and peace of mind in knowing that Weinberger Divorce & Family Law Group, LLC offers legal leadership in the key areas that matter most in family law matters and divorce. If you’re spending Halloween doing a little lawyer shopping, here’s a quick rundown of the “treats” you can expect from us as well as a few of our tricks for finding the right attorney for you.

— New Jersey Family Law: The trick is to find a law firm that is experienced in all aspects of family law, including: divorce, child custody and support issues, domestic violence, mediation, pre-nuptial and post nuptial agreements. Our treat? We are counted among New Jersey’s leading family law attorneys, hiring any one of our attorneys is like hiring a team of professionals to help you in these family law areas, thanks to the accomplishments of our hard-working law associates. For proof, look no further than Weinberger Divorce & Family Law Group, LLC partner Bari Weinberger, one of only 2% of lawyers in the state to achieve the designation of Certified Matrimonial Attorney by the New Jersey Supreme Court.

— Divorce Law Experts: Contemplating divorce and don’t know where to start? The trick is to find a lawyer who can explain the basics of divorce in New Jersey and address the specifics of your unique situation in helpful terms and language that you can understand. Since our focus at Weinberger Divorce & Family Law Group, LLC is divorce — from uncontested divorces with no custody issues to contested high net worth divorces with complex child custody issues — our treat is that we do our best to make the process less scary, no matter what form your divorce takes.

— Child Support and Child Custody: The trick is to find a law firm that makes it a priority to keep a child’s sense of family intact. Joint, shared, or sole custody? Our treat is to assist you in determining which of these three types of New Jersey child custody arrangements is a match for your family. Unsure about child support calculations? Another treat! We will work with you to help you understand the guidelines imposed by the courts.

— Domestic Violence: When it comes to divorce support in light of domestic violence, the trick is to never let domestic violence frighten or intimidate you from taking those important next steps. Our treat — and our pledge to you? We are well-versed in the New Jersey Prevention of Domestic Violence Act and will aggressively work to protect you in all divorce and family law matters that involve assault, threats, or harassment.

— Experienced Mediators: Fearful of the time and expense divorce can entail? A treat for you right would be to learn more about private divorce mediation, a process in which willing parties come to the negotiating table with a skilled mediator to decide jointly the terms of a divorce, no litigation required. Mediation can address everything from how a couple should divide their assets to child custody and support decisions. Mediation can less costly and time-consuming than a traditional litigation before a judge.

We can’t offer any magic spells, but to find out what Weinberger Divorce & Family Law Group, LLC does offer to those seeking a divorce, residents of New Jersey are invited to schedule an initial consultation to discuss their divorce and family law matters or just call us at (973) 520-8822. We look forward to helping you.

Seven Myths About Divorce Mediation

From Arnold and Maria to your newly divorced neighbor down the street, why does it seem
like everyone these days who is contemplating divorce or separation is also considering divorce
mediation?

When a divorce is privately mediated rather than litigated, you and your soon-to-be former spouse
meet with a neutral third party, the mediator. With the mediator’s help, you will all work through
the issues needed to be addressed in order to end your marriage in an amicable and cost-effective
manner. But does divorce mediation really work for everyone? And what about child custody
agreements–are these addressed during the mediation process?

If you have done any online research for answers to your questions about private (non-court
mandated) divorce mediation, chances are you have come across a great deal of conflicting–and
just plain false–information. So to clear the air, we decided to address the top seven myths about
mediation and give you the facts about what this divorce process really entails.

1 – Myth: Mediation is for Everyone

Fact: In order to move forward with divorce mediation, both parties must agree to participate.
Unlike being served with divorce papers, you cannot be served a summons to show up for a
private mediation session (be aware that the rules for court mandated mediation are different).
If your former spouse asks you to participate in mediation, you and/or your lawyer should strongly
consider the merits of this process if conditions such as the following are present:
• a history of physical/emotional abuse
• substance abuse or mental health issues that lead to impaired judgment
• you suspect that your former spouse is hiding assets

Because mediation requires both parties to actively participate in deciding the terms of their
divorce, the emotional impact of lingering abuse issues, impaired judgment, or a former spouse who
is hiding something are concerns that just do not fit this model of “amicable divorce”.

2 – Myth: Mediation Means I Will Settle For Less Than What I Deserve

Fact: Because divorce mediation can be less expensive in the long-run than a litigated divorce,
you may both be able to hang on to more of your money up front in the form of reduced legal
costs. When it comes to dividing the assets of your marriage, remember that New Jersey is an
equitable distribution state–marital assets, property, and debt that have been accumulated during
the course of a marriage are divided fairly and equitably in a divorce. Whether you work with
a mediator or go before a judge, it is in your best interest to have a lawyer with you to make
your case for what is a “fair and equitable” division of assets. Remember, a mediator only works
with the information you provide; a good lawyer can help you prepare and present the necessary
documents to strengthen your claims.

If your divorce law firm has both qualified mediators and attorneys, as we have at Weinberger
Divorce & Family Law Group, LLC, please be aware that the firm cannot serve you in both capacities. A mediator

acts in a neutral role to help both parties whereas an attorney acts on one person’s behalf in an
independent advocate role.

3 – Myth: Lawyers Want to Litigate Not Mediate

Fact: The American Bar Association has embraced divorce mediation since 1984 when the
ABA put out their own set of standards for attorneys who wished to serve as divorce mediators.
By 2000, the family law section of the American Bar Association collaborated with national
mediation groups to devise the Model Standards of Practice for Family and Divorce Mediation.

You will find that many law firms, including Weinberger Divorce & Family Law Group, LLC , have attorneys on staff
who serve as impartial third party mediators. Divorce mediators do not have to be lawyers, but
we think it is to your benefit to have someone mediate who is trained in family and matrimonial
law.

We also believe that it is still in your best interest to have a lawyer by your side to guide and help
you during the mediation process. The choice to undergo private mediation is up to you and your
spouse. If your lawyer suggests that ligation in your case is a better way to proceed, make sure
you understand the reasoning behind this–and do not be reluctant to begin the process.

4 – Myth: Mediation Will Not Work Because I Cannot Stand to be in the Same Room as My
Former Spouse, Let Alone Negotiate With This Person.

Fact: We get it. You can’t even make eye contact with your former spouse without an argument
breaking out, so how are you supposed to work together on an agreement? Helping you
communicate with each other is at the heart of a mediator’s job. A good mediator keeps your
conversations productive and focused, especially when you find yourselves fighting the same old
fights. As the mediation process steers you toward making rational decisions you both think are
fair, we find this can often, but not always, lead to decreased animosity between parties. In cases
where mediation is desired by both spouses, but being in the same room is just not productive
at this time, it is possible to schedule separate appointments to work with the mediator, with the
goal of eventually being able to meet together.

5 – Myth: The Mediator’s Goal is to Save My Marriage

Fact: Mediators are not family or couples therapists. Their job is not to offer marital counseling
or somehow patch things up. By using mediation, both parties are agreeing that the issues in
a divorce need to be addressed and decided. Mediators are there to focus only on helping you
come up with a way to separate that you both think is fair and workable.

6 – Myth: Mediation Will Not Work If Child Custody Issues Are Involved

Fact: Research supports the notion that when families go through mediation rather than a waged
custody battle in court, children tend to have better long-term relationships with both parents.
What is behind this? As parents hammer out an agreement in mediation, it is often a time when
both parties face the fact that they will have an ongoing relationship as parents. It is also an

opportunity for spouses to realize that when it comes to the kids, they can be on the same side:
putting their children first. This is not to say that all child custody agreements should be handled
by a mediator. In instances where mediation is appropriate, however, we find that when parties
come up with a parenting plan they’ve jointly agreed on and gain tools to communicate with each
other about their children, it benefits the whole family.

7 – Myth: Determining Who is a Good Mediator is Like Finding a Needle in a Haystack

Fact: Currently, no state requires a private mediator to be licensed or certified, including New
Jersey. As a result, there is no shortage of people who have simply hung out their shingle
as a divorce mediator, some with questionable credentials. How do you find a good divorce
mediator? Look for someone with a strong knowledge of the state’s divorce laws (mediators are
not supposed to give legal advice, but can dispense legal information), a graduate degree in law,
at least 60 hours in mediation training/experience, and a commitment to following the ModelStandards of Practice for Family and Divorce Mediation.

At Weinberger Divorce & Family Law Group, LLC, we provide private divorce mediators as well as divorce attorneys
who are experienced in all aspects of the divorce process. For your personal consultation on
whether our services match your needs, please call us at (973) 520-8822 or use our Contact Us
form to schedule your initial consultation.

10 Back to School Tips for Divorced or Separated Parents

The kids are back in school. Lots of things are in transition as we start the new school year. As parents, we have school obligations to help our children stay safe, feel secure and be happy. In the case where parents are divorced or separated, there can be a lot in question.
Who signs the permission slips?
What about parent conferences?
And what happens in case of emergency?
No matter what your child custody arrangements might be, and whether your divorce was years ago or the split just took place over the summer, we know there’s no “easy A” when it comes to co-parenting during the school year. But we do think it can be much less stressful!

How? Here are ten top, tried-and-true tips for making this school year a successful one for your child in the case of divorce or separation of parents and, believe it or not, maybe just maybe a good one for you and your former-spouse, too.

Tip 1: Pre-School Pow Wow

Once you have the coming year’s school calendar (typically available on a school district’s website starting in early summer), schedule a meeting with your former-spouse at some neutral locale and make sure you each BRING A CALENDAR. Map out the school year schedule from September to June, making visitation plans and custody arrangements for school breaks, long weekends, and/or early release days, keeping in mind your child custody agreement. Things may change as the year progresses, but having a basic plan in place is a good starting point.

Tip 2: Keep School Contact Forms Current & Complete

When that huge stack of forms comes home with your child on the first day of school, make sure contact information is filled in for both you and your ex-spouse, including cell phone, work numbers, physical address and email addresses. Again, it might be easy to meet in some neutral place to fill out the forms together, but however you obtain this information, make a photocopy before returning forms to school to make sure you have these numbers too! If things aren’t so amicable with your ex and he/she filled in the forms separately, call the school to request a copy for your own records.

Tip 3: No Panic Pick Ups

While filling in forms, make the following items very clearly understood: the child’s primary physical residence, who is responsible for picking the child up from school on a daily basis, which adults are allowed to pick up children from school, and which parent to call first in case of emergency. Often, there is a box to check off or fill in with this information for divorced or separated parents. Make sure your former-spouse understands and agrees to the responsibility of picking up the child in case of sickness–or if an emergency on your part prevents normal pick up.

On the other hand, there may be custody issues, such as a parent not being allowed visitation with a child, which should be noted. If so, school forms usually provide a space to write in who is NOT allowed to pick up a child, so don’t overlook naming names, even if the person is no longer part of your lives. In the event a parent without child visitation rights shows up at the school, this documentation can be very important.

Tip 4: Keep Child Custody Swaps Away from School

Even if your child’s visitation with her other parent begins on Friday afternoons, avoid making school the spot where the two of you meet. Because seeing your spouse may be filled with tension or outright anger, and mixed emotions from your child, save yourselves the embarrassment and further stress of putting these issues on display for your child’s school. If your former-spouse lives in the same town, it might be possible for your child to ride the school bus to a stop closer to the other parent’s house (provided the other parent is there to see the child home from the bus). If not, pick a neutral spot like the mall or library.

Tip 5: Participate in School Conferences Together

Back-to-school nights, sporting events, concerts, and parent-teacher conferences are important parts of the school year and you should both make every effort to be there. If there’s still animosity with your ex, make sure the school is aware of lingering family difficulties long before it’s conference time or family fun night. A simple meeting or call to the guidance counselor to explain your family’s situation is all that is needed. The school, in turn, may have a guidance counselor present or on-call during parent conferences or have their own suggestions for how to make the situation work for all parities involved, especially your child.

Tip 7: Non-Involved Parents

If a parent has moved away or is no longer involved in a child’s life, make sure to let your child’s new teachers know this. This avoids embarrassment both for your child and the school when it comes to a “Dad’s Day” type of event and your child has no one to attend. Trust us, your son or daughter won’t be alone in this. If possible, line up a grandpa or uncle to step in at moments like this.

Tip 8: Don’t Make Your Child a Messenger

“Mom says we have an early release day next week so you need to pick me up.” “Our class field trip is an overnight one so I won’t be here next Friday.” It seems easy enough to task your child with letting your ex-spouse know about upcoming schedule changes, but this information really needs to be coming from you. Want to talk to your ex as little as possible? That’s what email is for! Email also creates a written record, so your ex can’t later claim, “but I didn’t know.”

Tip 9: Everybody Helps With Homework

If you are not the custodial parent, still make the effort to help your child with homework. Though this is rarely written into any child custody agreement, the burden of keeping up with homework assignments and longterm projects typically falls on the shoulders of the parent who has custody or who is taking care of the child at the time the work is due. Want to really help your child feel consistency and stability, even as they shift between two homes? Ask them to pull out their assignment notebook and see what you can help with–this works especially well with big projects that can be worked on over the weekend. Have weeknight visitation rights? Instead of going out to dinner, why not go to the library instead?

Tip 10: When There’s a New Spouse in Town

If you or your former-spouse remarry, unless a legal adoption takes place, the new spouse should not be listed on your child’s record as a parent, no matter how close the relationship. It’s fine to let the school know that your spouse is allowed to pick up your child and can be contacted in case of emergency (though in most circumstances, the other parent should always be the primary emergency contact). If your current spouse is highly involved with your child’s life, it is completely appropriate to attend school events together. To avoid any fireworks, and any embarrassment on the part of your child, extend your former-spouse the courtesy of letting him or her know about your plans.

— Jacqueline Tourville, writes about parenting and educations issues for various web and print publications. She holds a Masters of Education from the State University of New York.

Divorce 101 – Live & In-Person Q&A – Paramus, Bergen County, NJ

DIVORCE 101

FACTS AND MYTHS OF DIVORCE DISCUSSION EVENT
Location: The Paramus Corporate Center – Bergen County – New Jersey

Weinberger Divorce & Family Law Group would like to invite you to join us for a local panel discussion.  Learn the basics of divorce and how to begin.

Featured Guest Speaker:
Erin Schneiderman - Associate at Weinberger Divorce & Family Law Group
Erin Brueche, Esq.
Associate with Weinberger Divorce & Family Law Group, L.L.C.

Gain valuable information regarding many important and misunderstood facts surrounding divorce.
This event will answer critical questions such as:

  • How do I protect my children?
  • How long will my divorce take?
  • Can I refinance my mortgage?
  • Can I sell my home in this economy?
  • How can I protect my money?

Have your questions answered by a team of professionals including a divorce attorney, financial advisor, real estate agent, mortgage specialist and insurance professional.

When: Thursday, October 6, 2011
Where: Wells Fargo Bank
The Paramus Corporate Center
95 Route 17 South 2nd Floor
Paramus, NJ 07652
Time: 7:00pm – 8:30pm

*Seating is limited  – Kindly RSVP by Wednesday, September 28, 2011
Call Jeanette at Weinberger Divorce & Family Law Group (973) 520-8822

The Role of Prenups in a New Jersey Divorce

Many people have heard stories about prenuptial agreements not always holding up in court. The reality is that courts will try to uphold private contracts in a New Jersey divorce, provided they were entered into with full knowledge and no coercion.

Historically, judges were suspicious of prenups because they were often used by the more powerful spouse to force the other spouse to agree to unfair terms. But today, prenups are used more routinely and looked at more favorably – when properly entered into.

To be enforced, a prenuptial agreement must be in writing, signed by both parties, and include a full disclosure of all assets and liabilities of both parties. In addition, each party is required to retain their own lawyer to separately represent their individual interests.

During a divorce, the burden is on the spouse challenging the validity of the prenup to show there was coercion in the creation of the agreement. Whether or not there was coercion, a party can challenge portions of the prenup as unconscionable.

Generally, the prenup is looked at as a regular private contract entered into voluntarily by two adults. There are areas that cannot be agreed to via a prenup. For example, parents cannot make agreements about custody of the children or parenting time via a prenuptial agreement.

Prenups are most commonly used to protect assets acquired before the marriage, and to set forth how certain properties obtained during the marriage would be distributed. They many times also address the issue of alimony.

If you are considering a prenup, or wondering if yours will hold up in a divorce, consult with attorneys experienced in handling New Jersey divorce issues. Used for the right purposes, prenups can often reduce time and costs of litigation in the event of divorce.

Division of Assets in New Jersey Divorce Law

New Jersey divorce law follows a theory of equitable distribution when dividing up marital assets. It’s important to understand that equitable does not necessarily mean equal, as in 50-50. Once all assets are valued, the court will strive for a “fair, but not necessarily equal, division” of marital property.

The law views marriage as a shared enterprise, and deems property acquired by either spouse during the marriage to be jointly owned.  Generally, property owned prior to the marriage, and third party gifts and inheritance received during the marriage, are exempt from marital property (unless the property has been since transferred into joint ownership).  The burden is the party wanting to exempt an item to show exempt status.

Those are the theories, but in practice many grey areas arise. In the case of certain property previously owned by one person and that remains solely in their name – such as the house or retirement funds – it can be shown that the other spouse is entitled to a fair share of the appreciation value during the marriage.

The court will examine several factors, including: (1) the length of marriage; (2) the standard of living during the marriage; (3) the economic circumstances of each party; (4) the age and health of the parties at divorce.

While each item’s history and use is relevant, so can be the parties’ current ages and relative economic positions.  At the Weinberger Divorce & Family Law Group, each of our attorneys is experienced) in New Jersey divorce law. We know how the courts interpret the equitable distribution statute and can help you receive your fair share of assets to secure your future.

New Jersey Divorce the Only Viable Option for Many

Few people get married with one eye set on divorce in the future. It’s something that most of us don’t even like to think about. Marriage can take couples down paths that twist and turn and may even cause them to grow apart. As time goes on, circumstances can change, and getting a legal New Jersey divorce may become the only viable option for a couple to make.

Getting a divorce is not a decision that anyone should take lightly. Lives may change in dramatically different ways. Yet those different paths often become a blessing in disguise for couples who have tried to keep it together, to no avail. For many, divorce becomes a fact of life that needs to be handled in a compassionate and understanding manner.

Those seeking a New Jersey divorce will need to work with an attorney throughout the process. When it comes to choosing the right attorney, it is important to go with one who understands you and the challenges you are going through, and who will be patient and caring enough to help you through this time, standing by you every step of the way.

You may be going through a difficult time, but when you have someone by your side that has the expertise, experience and compassion to guide you through the process of obtaining a New Jersey divorce, you will feel better. Contact Weinberger Divorce & Family Law Group, LLC, we are here to help

Preparing Your Children for a Divorce in New Jersey

Divorce can sometimes be a heart-wrenching experience for all individuals involved.  It is especially hard on children who have grown accustomed to their family life and may not yet be aware of the tribulations of life.  A divorce in New Jersey can be emotional and psychologically trying on a young individual.  While not easy, there may be ways to make things easier on your child and lessen his or her fears and anxieties about the future.  Consider the following suggestions:

Breaking the news regarding your divorce in New Jersey

Child professionals suggest telling your child or children about the news together with your present spouse to present a unified front and to show the child that you both continue to love, care for, and support the child.  Specialists emphasize simplicity and truth while deemphasizing specifics and ugly details which may place ‘blame’ on one parent over the other.It is important for the child to understand that the decision for a divorce in New Jersey was not in any way a result of the child’s behavior and that it is purely an adult decision.  Consider emphasizing that the love you have for your child will never change.

Each child may react differently

You can expect a range of reactions from your children in response to your New Jersey divorce.  Because a child is older does not necessarily mean they will react in a mature manner.  Similarly, some children are beyond their years emotionally and may surprise you by quickly adapting to the change in their life.
It is important to encourage your children to verbalize and share their feelings with you.  Otherwise, if they are experiencing confusion or inner turmoil, these feelings may materialize in a number of ways including seclusion, aggression, or carelessness for their body and safety.

Counseling can serve as an aid to children during a New Jersey divorce

It is understandable to be overwhelmed when dealing with your children’s reactions to a divorce, but you must address your own legal and emotional divorce-related issues.  Many people find that professional counseling is helpful for them and their children.  Think about using available resources such as social service agencies and psychologists to make the divorce in New Jersey easier on you and your child.

Comparing Divorce in New Jersey to the Rest of the Country

Do 50% of marriages really end with a divorce in New Jersey?  For years now, that’s the statistic we’ve been fed: 50% of marriages end in divorce.  But doesn’t that seem a bit broad?  Is the outcome of your marriage really the same as flipping a coin? 50% seems like a cop-out.  It seems like a lack of thorough research. 50% seems like someone took the number of reported marriages and the number of reported divorces and did some simple division, which, by the way, is exactly what they did.

The 50% statistic in no way indicates divorce trends in the U.S. This statistic is derived from the total number of marriages and divorces over the past 30 years or so.  Isn’t it possible for divorce in New Jersey and in the rest of the country to have slowed down?

Furthermore, isn’t it possible for there to be less, or more, divorce in New Jersey than in, say, Wyoming?  While, yes, a marriage is still a marriage, it’s probably safe to assume life in Wyoming isn’t the same as life in New Jersey.  So, let’s take a look at some more accurate statistics.

The divorce rate per 1,000 married women sank to 16.4 in 2009 from 16.9 the year before and a far cry from 22.6 in 1980, according to an analysis of the data from the National Marriage Project at the University of Virginia.

Let’s see where the rate for divorce in New Jersey falls.  Here is a list of the states with the lowest divorce rates per 1,000 people.

1.       Massachusetts                                  1.8

2.       District of Columbia                         2.1

3.       Pennsylvania                                    2.3

4.       Iowa                                                   2.5

5.       New York                                          2.5

6.       North Dakota                                    2.5

7.       South Carolina                                   2.6

8.       Illinois                                                 2.6

9.       Maryland                                            2.8

10.   Minnesota                                            2.8

11.   New Jersey                                          2.8