Monday, April 20, 2015

What You Need to Know About Divorce in Bankruptcy

by Tracy J. Wrisinger, Esq.

A husband and wife file for bankruptcy protection under Chapter 13 in an attempt to reorganize their financial affairs and reduce the stress in their lives . . . only to discover the marriage is irretrievably broken. The Chapter 13 Plan for repayment has been confirmed by the Bankruptcy Court. Now what?

Unfortunately, this is not an uncommon problem. Often the Chapter 13 Plan is based on the household income of both spouses, as well as on a single household of expenses. Moreover, unlike their divorce counsel, the bankruptcy attorney represents both spouses.

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Tuesday, October 14, 2014

10 Things You Need to Know About the New Alimony Law in NJ

by Amanda S. Trigg, Esq.

In September 2014, New Jersey updated its laws about alimony. The new law became effective immediately so anyone who is, was, or will be divorced needs to understand the fundamental changes to the law.

This blog focuses upon the impact on spouses and civil union partners who have not yet dissolved the relationship which entitles one party to seek alimony. Other aspects of the statute address retirement, modifications of support and cohabitation.

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Monday, October 6, 2014

Helping Children Cope with Divorce: The Dos and Don'ts of Co-Parenting

by Joseph P. Testa, J.S.C. (ret.) and Thomas Roberto, Esq.

The process of divorce can be extraordinarily stressful, confusing, and upsetting for any individual. The damaging impact of divorce is often exacerbated when children are involved. For children, divorce can result in a wide array of feelings ranging from anger and resentment to fear and anxiety. For many parents it is difficult, if not impossible, to put their differences aside and work together as co-parents. Unfortunately, the extent to which a divorce has a detrimental impact on a child is dependent in large part upon the actions of the parents. There are, however, many things parents can do to assuage the effects of divorce on children. The paragraphs below briefly discuss some of the dos and don'ts of helping children cope with divorce.

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Friday, February 7, 2014

Advice to the Prospective Client: Before You File for Divorce

by Jeralyn L. Lawrence, Esq.

If you think you may want a divorce, consider the following things to do and documents to obtain:

  1. Social Security Earnings Statement: This is a wonderful snap shot of both parties' respective income and tells a clear and concise picture of the earning history of each party.

  2. Last five years of tax returns and all W-2s, 1099s and Kl.

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Friday, January 31, 2014

Joint Custody and 21st Century Co-Parenting

by Joseph P. Testa, J.S.C. (ret.) and Thomas Roberto, Esq.

A majority of divorced couples would prefer to never see or interact with one another after the divorce is finalized. Unfortunately, cutting off all communication with an ex-spouse is all but impossible for those who have children in common. The need for some degree of communication and face-to-face time with an ex is particularly unavoidable for those in joint custody arrangements.

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Wednesday, January 30, 2013

Irreconcilable Differences Grounds Non-Existent for Civil Union Dissolution

by Joseph P Testa, J.S.C. (Ret) and Thomas Roberto, Esq.

Marriage equality is a heated topic of debate on all fronts: local, state, national and even global. New Jersey is one of many states that permits same-sex couples to enter into civil unions. Although the law that allows same-sex couples in New Jersey to enter into civil unions is relatively new, family law attorneys have seen a dramatic influx of actions for dissolution of civil unions and everything that comes under the dissolution umbrella. Interestingly, the New Jersey Statute that provides for dissolution of civil unions includes only fault-based grounds, omitting irreconcilable differences as a cause of action.

 

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Friday, December 16, 2011

Unique Provisions in Divorce Agreements

by Mark Chinn, Esq.

Over the last 33 years, I have observed and noted problems which has arisen with the way agreements are drafted:

  • There are the clients who don’t understand the process and get mad when a divorce is not entered exactly 60 days after filing. 

  • There are the nagging disputes between divorced spouses over care of the children, such as whether they are being properly seat belted.

  • There are also issues regarding the details of how to handle payment of medical bills or college expenses.

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