Family Law

June 16, 2017
Published by Common Legal Questions at June 16, 2017
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How Does Child Custody Work?

Divorce benefits no one … it leaves heartbreak in its wake, usually after a long and acrimonious journey from filing the Complaint for Divorce, until the final divorce decree.  On that day the divorce is final, there is often a look back at “what went wrong?”  And, most of know that divorce usually leaves its mark on the child or children of a divorced couple. Though the parties’ attorneys may make their recommendations to the judge about child custody, the […]
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June 5, 2017
Published by Common Legal Questions at June 5, 2017
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Tips for A Successful Marriage

You often hear the expression “a marriage made in Heaven”, signifying that two people are so compatible in a harmonious marriage or partnership, that it is as if that union was created in Heaven. Most people would like to think that their marriage bears this seal of approval, but, the sad truth is that, these days, nearly half of all marriages end in divorce – in fact, you might be surprised to know that in the U.S., someone gets divorced […]
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May 30, 2017
Published by Common Legal Questions at May 30, 2017
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The Evolution of Gender Roles in Marriage

Once upon a time, young adults all aspired for the same thing – a good job, find a partner, move to the ‘burbs, start a family, get a dog … live happily ever after.  Young women seldom had a career, opting instead to marry, become a homemaker and stay home with the children.  The term “stay-at-home mom” had not even been coined yet – it was just expected of young women, that she forsake any future plans … she would […]
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May 26, 2017
Published by Common Legal Questions at May 26, 2017
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What is Child Support?

Child support for minor children is defined as the payment that a non-custodial parent is ordered to make as support for the costs of raising his or her child/children (hereinafter just referred to as “child”).  The financial assistance is provided by the parent who does not have physical custody of his or her child, so that that particular parent’s income does not benefit the child on a daily basis.  The child support may be court-ordered, or voluntary, and may be […]
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March 24, 2017
Matrimonial Laws in NJ
Published by Common Legal Questions at March 24, 2017
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Matrimonial Laws in NJ

A family law attorney hears it all during the course of his or her business day, not to mention legal career.  There are tales of estrangement, trial separation – then the eventual gloom and doom of facing the real relationship reality and divorce is the best option and the next step.  As the case wends its way through the court system, the once-happy couple now seize the opportunity to hurl hurtful barbs at one another. There are happy occasions taking […]
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March 22, 2017
Types of Prenup Agreements
Published by Common Legal Questions at March 22, 2017
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Types of Prenup Agreements

Prenuptial agreements are often the butt of many jokes.  Stand-up comedians never lack fodder for their routines when this is the topic.  But, though we might chuckle and get a laugh over the idea of a rich old codger marrying a woman less than half his age, or, the wrinkly old woman marrying her pool boy, these are real stories that happen every day.  Unfortunately, though family members may try to dissuade the union, it happens anyway, AFTER a prenuptial […]
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January 28, 2016
Paternity Leave
Published by Common Legal Questions at January 28, 2016
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What is Paternity Leave?

This is not your father’s workplace when it comes to time off for dads after the birth of a child.  Your dad probably had to use a personal day or vacation day for the birth of each child, and was expected back at work the next business day, passing out cigars, then his nose was right to the grindstone.
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January 26, 2016
Maternity Leave
Published by Common Legal Questions at January 26, 2016
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How Does Maternity Leave Work?

Maternity leave is one of those topics you leave on the back burner until it is time to deal with it; after all, if you’re not pregnant, or planning on becoming pregnant soon, why worry about any benefits or returning to your former position after the birth of your baby, right? Did you know the United States is one of only three countries left in the world that fails to guarantee paid maternity leave?  The others are Papua, New Guinea […]
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February 11, 2014
Published by Common Legal Questions at February 11, 2014
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What Assets are Split in Divorce?

All our lives we acquire and lose things. We buy, we sell, trade and borrow. We spend all day at jobs to buy the things we desire. It’s not only physical things that we acquire however. We also acquire retirement plans, bank accounts, investments, and debts. We gain some of these things before marriage and some during. If and when these marriages come to an end assets must be divided between spouses. This is never easy and it’s important to […]
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January 28, 2014
Published by Common Legal Questions at January 28, 2014
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What are Divorce Pension Rights?

Huge changes come with divorce across all aspects of life. Your finances are certainly not immune and it’s important to understand and protect your pension rights. Couples already in or approaching retirement will find this to be even more important. Couples will typically have all sorts of assets but retirement plans and funds are often one of the largest. They must be divided fairly and in accordance with the law. It’s critical to understand your divorce pension rights when dividing […]
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August 12, 2013
Published by Common Legal Questions at August 12, 2013
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Common Family Law Questions

The NJ family lawyer in Short Hills gets asked many different questions. There are many legal areas that are covered by the umbrella of family law. An attorney can deal with all of the aspects of a divorce including visitation, alimony, and child support or child custody. They may have to determine if there are grounds for a divorce as far as NJ law is concerned. There are many different aspects to family law but a few questions that keep […]
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June 30, 2013
Published by Common Legal Questions at June 30, 2013
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What is a Collaborative Divorce?

A divorce is never an easy situation to find oneself in; and many times proceedings can seem like they continue forever before they come to an end. A NJ family attorney can help couples file a collaborative divorce which is a new alternative to the traditional process. Collaborative divorce law allows the spouses to work with attorneys who will help them negotiate the terms of a divorce in a much friendlier and peaceful environment. Each spouse will hire a collaborative […]
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May 30, 2013
Published by Common Legal Questions at May 30, 2013
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Division of Property in a No Fault Divorce

Couples who file for divorce in New Jersey have the option of a no-fault or a fault-based divorce. In a no-fault divorce the parties agree that there are irreconcilable differences which simply means they lack the ability to get along any further and there’s not a chance that they will be able to work it out and get back together. Spouses seeking a no-fault divorce are not required to find fault with the other party or point to something bad […]
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May 28, 2013
Published by Common Legal Questions at May 28, 2013
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How do I Get a Divorce in NJ?

In many areas of the United States the steps for filing for a divorce are very similar with very few differences. Some states even provide kits for uncontested divorces which can be filled out and submitted to the court clerk without the use of a family law attorney. But in most cases it is better to have a family law attorney on hand to help the couple work through the various and unique circumstances they may be facing. One thing […]
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May 25, 2013
Published by Common Legal Questions at May 25, 2013
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How to Protect Business Assets from Divorce

Marriages are tough and over half of them end in divorce. When this happens things can get messy, assets are split up and things divided. This includes personal and business assets, as well as properties. Dividing retirement plans is a big part of divorce as well. It is a good idea to plan ahead for possible future problems when getting married. A prenuptial agreement will go a long way in preventing losses down the road. When couples get married they […]
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May 23, 2013
Published by Common Legal Questions at May 23, 2013
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What is a Common Law Marriage?

When a couple presents themselves as husband and wife and cohabitates for a substantial period of time they can be deemed married without the issuance of a marriage license or a ceremony.  Usually the couple dwells together for at least a year and are in an agreement to become married at a later date. Every state does not recognize or permit common law marriages. However, in most cases if a couple becomes “married” by common law in another state sister […]
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May 21, 2013
Published by Common Legal Questions at May 21, 2013
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Is Common Law Legal in NJ?

New Jersey is a common law state. In the United States there are two basic legal systems which govern marital property: common law and community property. The community property system is founded on Spanish law and is usually practiced in the western and south western portions of the United States. Alaska offers couples the right to opt in for community property. Common law, on the other hand has its foundation in English law and it is what governs most of […]
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May 18, 2013
Published by Common Legal Questions at May 18, 2013
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What is Common Law?

The term Common Law refers to a legal system which is for the most part formed by decisions that have been made by the courts rather than on written laws and regulations that are imposed by government officials or legislatures. Reasoning per each case is necessary to interpret common law. It is based more on a principle and reasoning through particular circumstances to evaluate a case and determine what laws are actually applicable. This means that decisions which have been […]
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May 15, 2013
Published by Common Legal Questions at May 15, 2013
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How to Choose a Family Law Attorney

Choosing a family law attorney can be a difficult task that we all must face at one time or another. However, it is important to remember that a family law attorney does much more than help with divorce proceedings. They may assist setting up a trust fund, a living will or help get any number of legal documents in order. NJ family law attorneys help protect both families and assets. Even though selecting one seems like an arduous task, there […]
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May 13, 2013
Published by Common Legal Questions at May 13, 2013
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How is Spousal Support Determined?

Upon choosing to get a divorce, most couples will choose a NJ family law attorney to handle the entire legal proceeding. For individuals obtaining a divorce in New Jersey there are some clear cut calculations which are used to determine any child support that is to be paid. But it is not that simple to determine spousal support, or alimony. NJ alimony laws offer some very general guidelines for determining how much spousal support, alimony or divorce maintenance will be […]
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May 9, 2013
Published by Common Legal Questions at May 9, 2013
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How is Child Support Determined?

When a couple divorces in the state of New Jerseyand there are children involved a family law attorney can help them understand how child support will be determined. There are several factors which are used to determine how much child support will be paid and to whom. In New Jersey supporting the children is the continuous duty of both of the parents. This duty will continue until a court order states otherwise or the children are emancipated. If one of […]
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May 7, 2013
Published by Common Legal Questions at May 7, 2013
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What is the Difference Between Civil Union and Domestic Partnership?

It has not been very long ago that civil unions did not exist in New Jersey. Before the Domestic Partnership Act the only option for same sex couples was to create a domestic partnership, but the benefits were limited. One the NJ Domestic Partnership Act passed couples had to option to keep their status as a domestic partnership or convert it to a civil union. In order to convert to a civil union, parties can obtain a civil union license […]
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May 4, 2013
Published by Common Legal Questions at May 4, 2013
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Common Family Law Questions

Generally speaking, most family members can make decisions together concerning their lives without any type of intervention from outside sources. But there are those times when a family law attorney should be consulted for advice or legal counsel. When a divorce occurs an attorney who is familiar with NJ family law can help couples or families sort through the facts and come to resolutions. Most of the time, NJ family law concentrates on divorce or issues pertaining to child custody […]
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March 9, 2013
Published by Common Legal Questions at March 9, 2013
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What is Mediation?

While some people just want to have their day in court, for the vast majority court is not considered to be fun or appealing in any way. Mediation provides a way to resolve legal issues without requiring a court appearance. It can be substantially less time consuming than pursuing a court case and justice can be just as obtainable. The Process of Mediation Two parties who cannot reach an agreeable resolution may choose to engage in the process of mediation. […]
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February 22, 2013
Published by Common Legal Questions at February 22, 2013
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What is a Testamentary Trust?

There are many different types of trusts that are created for a wide variety of purposes. One of the most common trusts is a Testamentary Trust which is typically set up for a young child, a relative with a disability, or any other person who inherits a large sum of money upon the death of a testator. This type of trust is commonly contained in a will which provides how the estate or part of an estate is to be […]
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