Can you imagine living with something for twenty years, believing you are legally married, only to find out that you really aren’t? While this might seem like a crazy scenario, it actually has happened many times to my clients in all of the years I have been practicing New Jersey divorce law. Sad but true, many clients who are in this predicament only find out that their marriages are not actually legal when it comes time for a divorce. Just recently, this was the case with Michael and Debra Mandelbaum. Let’s explore. [Read more…] about What Does It Mean To Be Legally Married In New Jersey?
Archives for 2016
Can I Stop My Ex From Moving My Child Out Of New Jersey?
Yes, if a New Jersey Family Court finds that the move out of the state of New Jersey is not in the best interests of the child. During my many years as a child custody attorney, I embrace that when one parent wants to move away to another state with the child, it can be devastating to the other parent as well as the child. However, to do so, the parent wishing to relocate with the child, must file a removal motion. A removal motion, or a motion to move out of state with the child, requires the court to examine the current parenting arrangement between the parents, and if the motion is really a removal action, or actually an action to change custody disguised as a removal motion. When both parents share joint physical and legal custody, the Family Part of the Superior Court of New Jersey reviews the case as a motion for a change in custody. Therefore, the burden is on the lawyer for the parent requesting the change in custody to prove that the change is in the best interest of the child.
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The Judge Is Smarter Than Some People Think!
Throughout my career as a divorce and family law attorney, I have seen many folks who feel that they can, “play the system.” Many times, this involves the high conflict issue of alimony. Let’s call it the way it is; no one wants to pay alimony to their “ex.” While the lawyers at our law firm sympathize, we always give our client’s an honest assessment of their case throughout the divorce process, including the “hot button” issue of alimony. However there are times that, notwithstanding our advice to the contrary some folks proceed, pro se, thinking that they can “play the system” and avoid their alimony obligation. Some folks quit their jobs thinking that this will allow them to circumvent alimony payments. Others hurry right back to court immediately after the divorce thinking that they can convince a judge that alimony is unfair. All told, a judge of the Superior Court of New Jersey can see right through these vain and fruitless attempts to avoid paying alimony. Sometimes, these folks make the situation only worse for themselves when they have to pay their “ex’s” attorney’s fees if the court finds that they are acting in bad faith.
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What Does A Prenuptial Agreement Look Like?
The attorneys at our New Jersey based law firm have drafted many Prenuptial Agreements. As lawyers who only handle family law related cases, we understand what such an agreement requires in order to be upheld by a judge of the Family Part of the Superior Court of New Jersey. Examples include an attachment to the Prenuptial Agreements which provdes full disclosure of any and all assets and liabilities of each party. It is also highly recommended that each party has their own lawyer to represent them. Furthermore, this is a document that should be finalized and fully-executed by both parties and their respective attorneys as far away from the actual wedding date. Below, please find a sample Prenuptial Agreement:
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Under New Jersey Divorce Law, When Are Adult yet Unemancipated Child Responsible for Their Own Behavior Towards Their Parents?
It is hard to forget the New Jersey high school student who sued her parents for child support and tuition for her private schooling. In my nearly 20 years as a New Jersey divorce attorney, only the Jim McGreevey scandal was more controversial.
As a New Jersey divorce lawyer, it is essential that always keep a close eye on any new developments in NJ child custody law. Last Friday a new decision came down that has brought a semblance of common sense to an area of New Jersey divorce law that baffled the nation. When are adult children responsible for their own behavior? Let’s explore.
Why This Divorce Lawyer Does Not Recommend “Post-Nuptial” Agreements.
For over the past twenty years as an attorney practicing divorce law here in New Jersey, I have had countless folks ask me about my opinion regarding post-nuptial agreements (as opposed to a pre-nuptial agreement, which is obviously negotiated, drafted and executed before the marriage). On the other hand, a post-nuptial agreement is executed during the marriage in an attempt to resolve any and all financial issues between the husband and wife just in case a divorce occurs in the future. [Read more…] about Why This Divorce Lawyer Does Not Recommend “Post-Nuptial” Agreements.