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In the United States, there are two different schemes through which a couple can obtain a divorced. These are a fault divorce and a no-fault divorce. A fault divorce requires a person seeking to end a marriage to demonstrate some type of “wrongdoing” (like adultery). A no-fault divorce doesn’t require a demonstration of wrongdoing. Rather, a person seeking a no-fault divorce typically must demonstrate irreconcilable differences, that the parties can no longer successfully live together as husband and wife. There are five important benefits associated with a no-fault divorce:

  • Designed to make divorce less emotionally charged
  • Crafted to be a faster way to pursue divorce
  • Intended to reduce costs associated with divorce
  • Enhances prospects for better communication between parties
  • Causes less stress for children

Designed to Make Divorce Less Emotionally Charged

Even a divorce considered “uncontested” has its share of emotions. When the need to prove some sort of fault in order to end a marriage is required, the level of emotions associated with a divorce naturally are apt to amp up.

One of the more important benefits associated with a no-fault divorce is that this type of marriage dissolution case has a greater possibility to be less emotionally charged. Ramped up emotions in a divorce case oftentimes results in parties making decisions based on their passions rather than reflective deliberation. In the end, intelligent, reflective, less emotional decision making in a divorce proceeding is to the ultimate benefit of both spouses. Continue Reading →

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During the early stages of a divorce case, the parties to a marriage dissolution are required by law and order of the court to provide a verified listing of assets and debts. The parties must provide their respective list to the “opposing side” and file a copy with the court as well. A verified listing of assets and debts means that it is filed with the court under penalty of perjury. In New Jersey, this list of assets and debts are included in a Case Information Statement that is required to be filed with the court.  Unfortunately, referenced to a perjury penalty sometimes is not sufficient to prevent a spouse in a divorce from filing an incomplete accounting of assets. There are five signs that your spouse may be hiding assets in a divorce case:

  • Spouse has a history of dishonesty when it comes to finances
  • Spouse has a history of keeping you in the dark regarding finances
  • Spouse owns a business
  • Spouse has made threats associated with property
  • Asset list provided by spouse appears incomplete

Spouse has a History of Dishonesty when it comes to Finances

You may be married to a person who has a history of being dishonest with you in regard to financial issues. The reality is that many divorces arise out of disputes associated with property and debts. If your spouse has an established track record of being less than transparent in regard to assets, you would be prudent to start from the position in your divorce case that your spouse’s asset disclosures are likely to be incomplete.

Spouse Has a History of Keeping You in the Dark Regarding Finances

In many marriages, one spouse plays a primary role in overseeing the couple’s finances. This may have been the proverbial natural state of your marriage. You were responsible for certain matters and your spouse for others, including finance management. Your spouse may not have been dishonest regarding finances in the past, you just were not fully involved with such matters. If your spouse kept you in the dark regarding financial matters during the marriage, that practice may carry forth into the divorce, when your spouse may have an eye on keeping a larger share of property than he or she is entitled. Continue Reading →

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Time and again in marriage dissolution proceedings and post-divorce cases, the most contentious matters center on child custody. A pervasive problem during and after divorce proceedings is a noncustodial parent interfering with a standing child custody order of the court. With this in mind, there are some more commonplace issues that arise in regard to interference with child custody. In each of the 50 states, there are some effective remedies in place to address interference with child custody.

Overview of Child Custody

The laws in the 50 states provide for two categories of child custody. These are legal custody and physical custody. Legal custody is defined as the authority of a parent to make major life decisions on behalf of a minor child. Legal custody can be exercised by one parent or shared by both, depending on the agreement of the parties or order of the court. Matters that encompass major life decisions include those related to education, religion, and healthcare.

In very basic terms, physical custody involves with which parent a child resides during and after divorce proceeds. Physical custody is also known as residential custody in some jurisdictions. Continue Reading →

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A parenting time order establishes when a noncustodial parent will be with the child or children born in a partnership (or an order handed down in a paternity case). Parenting time historically had been known as visitation. The term has changed in most jurisdictions to reflect the fact that a noncustodial parent and a minor child should not be reduced to the position of being visitors in each other’s lives. Circumstances may arise when a desire arises to change a parenting time order. There are some facts and factors to bear in mind when it comes to the process to alter or amend a parenting time order:

  • Seek agreement to change parenting time order
  • Judicial standard when seeking to change parenting time
  • Suspend parenting time due to an emergency
  • Motion to alter or amend parenting time order

Seek Agreement to Change Parenting Time Order

There is a legitimate preference for divorced parents to work together when it comes to matters associated with their children. If a situation arises in which a change of parenting time is considered for one reason or another, in an ideal state the parents should try to work out an agreement between them regarding a change of a parenting time order. Continue Reading →

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Marriages made for and on TV generally do not last, and one of the most successful media-created marriages will soon come to an end. The Bachelorette Ashley Hebert dated 25 men during the TV series in 2011. In the end, she chose J.P. Rosenbaum, and he proposed to her on the final series episode. In 2012, they were married during a two-hour television special.

In July 2014, they moved from New York to Miami after real estate entrepreneur Rosenbaum received a job offer. The couple has two children. Their son, Fordham, is 6 and a daughter, Essex, recently turned 4.

While the couple stayed out of the spotlight for the most part, in 2017 they appeared on Marriage Boot Camp, another TV reality show. At the time, Rosenbaum said, “We have small issues like every couple has.” Ashley added that the couple agreed to be on the show to improve their relationship “even more.”

They renewed their vows during a trip to Aruba in 2018. In late 2019, Rosenbaum was diagnosed with Guillain-Barre syndrome, an autoimmune disorder that damages nerves causing muscle weakness and, on occasion, paralysis. After months of therapy, he appears to have substantially recovered. Continue Reading →

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The emotions you feel when you know that your marriage is ending can be complicated and overwhelming. Money may be the last thing on your mind when you are going through something so traumatic. However, you must not delay taking steps to protect your financial interests when you are sure that your marriage is coming to an end. Here are ten steps to take when preparing for divorce.

  1. Talk to an Attorney

The first thing that you should do is talk to an attorney. You may feel that legal advice will not be necessary because you believe that you and your spouse can sort things out between yourselves. However, a divorce can become acrimonious once the process has begun. So, it will be better to have an impartial adviser on your side to explain your rights and obligations.

  1. Open a New Bank Account

If you have a joint account with your spouse, you should open a bank account in your sole name as soon as possible. Closing joint accounts may not be possible immediately because you will likely have regular payments that will still need to be met. Even so, joint accounts and joint credit cards should be closed as soon as practicably possible. Keeping joint accounts open may lead to your spouse running up debts for which you will both be liable. Continue Reading →

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Divorce or separation creates a new family dynamic that every member of the family has to adjust to.  This new situation can be especially difficult for children.  Thankfully, successful co-parenting can help children adjust to their new situation.  Here are five tips to help you successfully co-parent.

  1. Focus on what you can agree on and the rest will take care of itself over time

It may sound difficult, but it is possible to find something to agree on with your ex when it comes to your children.  It does not matter how basic the issue or fact is that you can agree on; it’s just important to find something you agree on and use that as a starting point for conversations about your child.  If you can agree on one thing, that can lead to fruitful discussions about other topics.  For example, most parents can agree that it’s important for their child to be healthy. If you’re having a hard time thinking of a topic you can agree on with your ex, think of a topic or issue that you know your ex thinks is important.  If you can concede his/her point or you don’t feel strongly one way or another about an issue, use that topic or issue as a conversation starter.  Once you can build some common ground by agreeing on an issue, you can, over time, work up to discussing more difficult topics and work on resolutions.

  1. Accept that you can’t control everything when you co-parent

You may hate the amount of screen time your child has when he is at your ex’s house.  Unless screen time becomes extremely detrimental to your child’s health, education, or welfare, the amount of screen time your child has is probably not an issue worth fighting over.  You will have to accept that your ex will likely run his/her household differently than you will and unless a child’s safety is at issue, you have no say in what happens at your ex’s house.  What you can control, however, is what happens at your house and how you react to different situations.  You can gain a great deal of peace if you learn to accept what you can and can’t control.  If you worry and fret and try to argue with someone over what you can’t control, you will drive yourself crazy and create unnecessary conflict.  Continue Reading →

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Going through a divorce can be one of the most difficult things that you will ever experience in life. In addition to being consumed by feelings of anger, disbelief, and/or sadness, you must go through the stressful process of breaking up your marriage, family, and assets. While some couples can face divorce with civility and maturity, unfortunately that is not often the case. However, the most important thing for you is to face the divorce process with confidence to make sure that you come out on the other side a better, stronger person.

Understand Your Legal Rights

Facing the divorce process with confidence starts by understanding your rights. For example, your ex-spouse might want everything: the house, full custody of the kids, and more than their fair share of support. However, just because your ex wants those things, it does not mean that you are legally required to agree to all those terms. The best way to fully understand your rights, as well as your state’s divorce laws, is to consult with a divorce attorney.

Don’t Fall into Despair

While some marriages end amicably, most divorces are very painful. In addition to the couple splitting up, it can be quite painful for kids and other family members too. If your marriage ended unexpectedly, you might go through stages of denial and disbelief. Anger and guilt are other common feelings that people experience during a divorce as well. Even though these are normal feelings to have after a broken marriage, you want to make sure that your life does not fall into despair. Just because your marriage ends, does not mean that is the end of your life and happiness. Therefore, no matter how bad you feel, no matter how much you might feel like giving up, you must find reasons to live. If you have children, think about them. You can also look at your divorce to start over in life with a fresh perspective on things. Nothing will hurt your confidence worse than allowing yourself to fall into despair. Continue Reading →

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Since the early 1980s, the divorce rate in the U.S. has steadily declined. The long-held belief that at least 50% of marriages end in divorce is no longer true. Divorce Statistics collected in recent years by census reports, government and private studies and university research paint an interesting portrait of marriage and divorce in the United States.

Many states now have no-fault divorce laws. Spouses do not have to allege a specific reason for wanting a divorce other than having irreconcilable differences or that the marriage is irretrievably broken. However, some of the most common reasons that marriages fail include infidelity, addiction and abuse.

A majority of Americans claim that they would end their marriage if they discovered their spouse had cheated on them. Yet research shows that 50-60% of couples who have dealt with infidelity in their marriage found ways to overcome the issue and stay together.

Addictions may include, drugs, alcohol, porn, and gambling. A University of Buffalo study revealed that nearly 50% of couples divorced when only one partner drank heavily. Where partners had similar drinking habits, the divorce rate during the same period was 30%. Other research shows that if only one spouse smokes, a couple is 75-91% more likely to divorce. Continue Reading →

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Stay-at-home orders, job losses and strained finances resulting from the ongoing coronavirus pandemic have increased the stress on marriages across the globe. While one might think that increased time together would have been welcomed by partners whose busy lives kept them apart much of the time, just the opposite is proving true. Rising divorce rates and coronavirus limitations appear to be directly related in countries that are now easing restrictions.

Several cities in China reported a surge in divorce filings once government-ordered lockdowns were lifted. A lawyer in Turkey claims divorce filings increased fourfold in that country following the imposition of quarantine restrictions. Many U.S. family therapists and attorneys expect the same trend to occur in this country.

Marriage counselors commonly encourage spouses to allow each other the freedom to socialize with separate friends and pursue favorite personal activities. For example, one spouse may enjoy jogging with a small group of long-time friends while the other may look forward to weekend golf with buddies from the office. Being involved at work or school, enjoying a favored activity and maintaining casual relationships outside of marriage are important to a person’s mental and physical health. Continue Reading →

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