Articles Posted in Divorce

In a divorce you might expect to assign certain items like dining room sets, pots and pans, and even cars to one spouse or another. What most divorcing couples do not contemplate, however, is having to assign the family pet to one spouse.

Under New Jersey law, pets and other animals are treated as personal property, not unlike a kitchen table. But pets have more intrinsic value than a kitchen table, how can their custody possibly be treated as other household goods? In New Jersey there is not a statute in place or established case law contemplating the custody of pets in a divorce case. Questions have arisen more and more frequently about the question of how to handle pets in a divorce, however, and courts have given some guidance on how to best to handle the ownership of pets in a New Jersey divorce.

FACTORS CONSIDERED FOR PETS IN A NEW JERSEY DIVORCE

The court may take into account any of the following factors in determining who to award ownership of the pet to: Continue Reading →

The holiday season often conjures up images of cozy romance around the fireplace, gift exchanges, and delicious family meals. Unfortunately, when you are recently divorced the holidays may prove to be sad reminders of what’s missing in your life. Surviving the holidays after divorce is a common struggle many people face, but with a little planning, you can learn to cope with those feelings of loneliness. Here are five ways to handle the holidays after your divorce.

1. Make plans.

Don’t leave your weekends or holidays empty. If you receive an invitation to someone’s holiday celebration, accept it. It may feel strange to be with friends on the holidays when you are used to spending that time with an ex-spouse, but spending excessive amounts of time at home alone is not a good option. When you are alone it is easier for feelings of sadness to creep in.

2. Create new traditions.

Annual holiday traditions are standard in most marriages, maybe you always used to take a ski vacation together or go to the ballet. It can be tempting to stick with what is familiar and make plans to keep up old traditions on your own. Unfortunately, that walk down memory lane that can be difficult to digest after a recent divorce. Seek opportunities to create new traditions. Instead of ice skating at the park, make plans to volunteer at a local soup kitchen or homeless shelter. Creating new traditions can help you solidify your independence in a fulfilling and memorable way. Continue Reading →

If my former spouse agrees, can I stay on his or her employer-provided health insurance plan?

No. Once you are divorced, you are no longer “family” for the purposes of the family health insurance plan. Regardless of whether your spouse agrees, the health insurance company will not cover you on your former spouse’s family plan once the divorce is final.

I want to keep the same health insurance plan, but it was through my former spouse’s employer. Can I keep the same plan and pay the cost myself?

Yes. COBRA is a federal program that allows certain people to continue receiving health insurance when it might otherwise be lost due to a job loss or divorce. COBRA will allow you to keep the same plan you had before, but you should be aware that the premiums they charge will be much higher than the employer-provided plan. Additionally, COBRA is meant to be temporary, and only lasts up to 36 months. To take advantage of COBRA you must sign up within 60 days of your divorce.

If I can’t stay on my spouse’s family insurance plan, how will I get health insurance?

There are a few ways to obtain health insurance on your own. Usually the best way is to enroll in a plan through your employer, if possible. The plans available through an employer are usually more affordable. Another option is to purchase your own health insurance policy. Additionally, COBRA (discussed above) is an option for continuing health coverage. Continue Reading →

Over half of the adult population in the United States has been through at least one divorce. Many divorced individuals move on and remarry and find themselves in a more successful relationship, but some people get divorced and lose confidence in their ability to have a happy healthy relationship. If you are someone that is ready to build a happy and lasting relationship, there are a few factors you can take into consideration to lower your odds of divorce. Here are the top five causes of divorce.

1. You married for the wrong reasons.

It seems like common sense that getting married for status or money can lead to an unhappy union that ends up getting cut short by divorce. However, there are other reasons you should avoid saying “I do”, many couples marry due to unplanned pregnancy or to cope with their own feelings of loneliness. One way to avoid this pitfall is by truly examining your motives for marriage before you set the date, determine if you truly love the person you are with or if you are simply afraid of being by yourself.

2. You lose your individuality.

Compromise is a healthy part of every relationship. Every couple should expect to make sacrifices occasionally to build a strong and happy marriage. Unfortunately, many couples make the mistake of hyper-focusing on their relationship to the point that they lose any sense of personal identity. This kind of co-dependency can lead to misunderstandings, arguments and hurt feelings. It is important that each person in a relationship maintains their own interests and provides their spouse with enough room to do the same. Continue Reading →

There are so many factors involved in a divorce, it is wisest to have a “game plan” in place from the beginning. Though part of that is certainly hiring an experienced and competent attorney, there are things that you can, and will have to, do on your own to provide your attorney with everything they will need to best protect your interests.

Looking Ahead to Distribution of Assets

Because part of your divorce involves the distribution of assets, you need to put yourself in a position of knowing those assets, documenting them and obtaining as much of the relevant documentation that you can.

• Financial Accounts: Begin making copies of all documents involving financial accounts such as all bank accounts, retirement accounts, investment accounts, trust agreements, stock records, stock options and life and other insurance policies. Copy statements, ledgers, anything that provides information as to deposits, withdrawals and activity on such accounts. These accounts will be divided, so you want the documents to show the value of these accounts.
• Other Personal Property: This includes assets such as your cars, boats, trailers, cash, furniture and furnishings in your home or homes. It is a good idea to photograph the larger items and take a video around each room in your home(s).
• Real Property: Make copies of deeds, tax bills, if income property copy leases, rent receipts, expense receipts, mortgage statements and any documents that support value of the property. Occasionally people have current appraisals. If that is the case, make a copy.
• Debt: Make copies of any and all bills and loan documents such as auto loans, charge statements, medical bills, tuition statements, all with records of payment.

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Divorce that occurs later in life, sometimes referred to as “Grey Divorce” or “Mature Divorce” carries with it special considerations than those divorce cases that occur earlier in life. While child custody and support are often less of a concern; things like retirement accounts, social security, and health issues tend to become the focus of the divorce process when the parties are age 60 and over.

DIVISION OF ASSETS

Marital Home

Who keeps the house is one the biggest questions in most divorce cases, regardless of the age of the couple. Earlier in life it is often important because it is the most expensive asset and it is important to maintain a stable home for children. Later in life, however, it may not be the most expensive asset, and the children probably have moved out. Then why is the home still so important? There are several factors to consider.

Taxes

Owning a home comes with special tax treatment that can be very valuable to a senior. Real property taxes, mortgage payment deductions, and exclusions from the sale of the home are all factors you should talk to your attorney and tax professional about when determining whether to keep the marital home. Continue Reading →

Lawyers aren’t one-size-fits-all. They don’t all excel at the same things, so asking a bankruptcy attorney to handle your divorce is a little like asking a plumber to rewire your house. If your marriage is headed for the brink and you feel that you’re going to need the help of an attorney, giving some thought to the interview process before you meet with him for the first time can benefit both of you. You’re entrusting him with your family and finances – things that are really important to you — so you’ll want the right fit.

When you meet with prospective attorneys, you won’t be the only one who has questions.Let the lawyer ask questions first. He won’t know if and how he can help you until he understands the intimate details of your problem — your finances, your family and your marriage. He’ll be able to give you more accurate answers to your own questions when he understands the finer points of what you’re facing.

Find out how his office operates so you’ll know what to expect if you hire him. He’s ethically obligated to act in your best interests, but this doesn’t mean he’ll be able to return every one of your phone calls within five minutes. In fact, you probably won’t want him to. If he has that kind of free time on his hands, he may not be busy with a thriving practice. If you retain him, you’re bound to call at a time when he’s with another client, in court or prepping for trial, so he can’t drop everything to get on the phone with you.  Ask how his office handles these situations. Divorce litigation is rife with unexpected emergencies, but what seems like an emergency to you is often something his staff has handled numerous times before. Continue Reading →

ISSUES CONSIDERED FOR TEMPORARY RELIEF IN NEW JERSEY

Regular Bills and Expenses

Child support, spousal support (alimony), payment of specific bills such as a mortgage or rent, additional housing costs such as insurance and utilities; health insurance, car payments, and school costs are the most common finances accounted for in pendente lite support. These are the regular costs that the parties incurred before the divorce and that should continue while it proceeds.

Divorce-Specific Considerations

In addition to the financial support that can be awarded, certain pending divorce issues can be temporarily decided upon while the divorce is ongoing. The questions of child custody, who gets to stay in the marital home, and who gets to use other assets such as cars, may be handled by the temporary relief process. The court may also prohibit the spouses from selling or otherwise disposing of marital assets during the divorce.

MOTION FOR TEMPORARY RELIEF

There are two ways in which temporary relief can be accomplished. The first method is by the divorcing spouses coming to an agreement. The second is by judicial order. Continue Reading →

A New Jersey Divorce from Bed and Board, also referred to as a ‘limited divorce’, is a legal process that is similar to the better-known concept of a legal separation. Though there is no such thing has a legal separation in the state of New Jersey, a Divorce from Bed and Board allows a married couple to legally separate themselves from one another financially and live separately without undergoing a full divorce.

What is a Divorce from Bed and Board?

The ‘divorce’ part of the term ‘Divorce from Bed and Board’ is somewhat misleading. A Divorce from Bed and Board is not an absolute ‘divorce’ as we typically think of the term. An absolute divorce is called a ‘Divorce from the Bonds of Matrimony’ in New Jersey. Instead, a Divorce from Bed and Board is a limited form of divorce that is better thought of as a legal status somewhere between married and divorced. The spouses remain technically married and are therefore not free to remarry, but for some financial purposes they are treated as separate. Often, as the name suggests, the couple will live separately.

Why Consider a Divorce from Bed and Board?

There are several reasons a married couple may consider a Divorce from Bed and Board. Religious or moral reasons are very common. Since a Divorce from Bed and Board does not completely sever the marital relationship, it is a better option for those who either cannot or wish to not be fully divorced. The possibility of reconciliation is another popular reason. Continue Reading →

There are two types of divorces in New Jersey, what is often called a “no-fault” divorce and divorces that are based on fault which is a specialized wrong doing of one or both parties. For both types, there are certain requirements such as your being a resident of New Jersey for a year prior to filing, unless your grounds for divorce are adultery.

NJ DIVORCE LAWS: IRRECONCILABLE DIFFERENCES, OFTEN CALLED “NO-FAULT” DIVORCE

In legal terms, no-fault divorce is quite new, having been enacted in New Jersey in 2007. No-fault is the kinder and gentler way of divorcing because it eliminates the need to make accusations against one another or blame each other for the disintegration of the marriage.

Do not confuse “no-fault divorce” with an uncontested divorce where all issues on all matters are settled before a divorce action begins. No-fault only eliminates a “fight” over obtaining the divorce itself. It does not change anything with regard to child support, child custody, alimony or distributing property and debt in the divorce action. As to those issues, there is no difference between fault and no-fault divorce.

In order to obtain a no-fault divorce, you must allege that:

• There are irreconcilable differences that have caused a breakdown of the marriage for six months;
• It appears that the marriage should be dissolved, and
• There is no reasonable chance for reconciliation between the spouses.

Continue Reading →