Examining the Latest Legal Developments and their Impact

Divorce

Common Legal Questions and answers, tips and articles about different laws and legal matters. These posts deal with divorce laws and the many questions people have when filing for divorce. They also the cover the differences in the laws between the states.
https://commonlegalquestions.com/2017/08/18/trends-in-divorce-and-family-law/
https://commonlegalquestions.com/2017/06/13/legal-separation-versus-divorce/
https://commonlegalquestions.com/2017/06/09/common-questions-about-divorce/
https://commonlegalquestions.com/2017/06/02/divorce-laws-in-new-jersey/

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Child Support, Divorce, Family Law May 26, 2017 0Comments

What is Child Support?

What is Child SupportChild 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 set forth through a divorce decree or a separate order.  Sometimes, if child support is ordered, but not paid timely, or at all, state agencies may intervene forcing the payment of child support.  In the case where divorce has occurred, but both parents have full, or joint custody, in most cases there is no child support involved.  If you have questions about child custody or divorce you should contact a family law attorney in Short Hills for assistance in answering your questions.  A top NJ attorney will be happy to work with you to answer all of your legal questions.

Technically, the duty to support a minor child rests with both parents, even if the custodial parent has the means to care for the child on their own.  But, the support that is provided from the non-custodial parent not only pays for the child’s basic needs but allows the child to share in the standard of living both parents enjoy.

Child Support, Divorce, Family Law May 26, 2017 0Comments 0Likes
Alimony, Divorce May 23, 2017 0Comments

What is Spousal Support?

What is Spousal SupportSpousal support, also often referred to as alimony, is the legal obligation for a person to provide financial support to their spouse before or after a legal separation or divorce.  If you are on your way to divorce it is wise to consult a divorce attorney so that they can answer all of your questions in advance.  A top divorce lawyer in Livingston will be happy to meet with you and will be able to answer any question you have.

During the pendency of the divorce, and, after the divorce decree, one spouse may be entitled to financial support from the other.  The financial obligation to one’s ex-spouse permits the supported spouse to maintain a similar lifestyle as was enjoyed during the course of the marriage, until the spouse is able to support themselves.

Alimony, Divorce May 23, 2017 0Comments 0Likes
Divorce Versus Separation
Child Custody, Divorce, Legal separation April 25, 2017 0Comments

Divorce Versus Separation

For couples whose marriage is on the skids, the thought in each of the partner’s minds is “I’d be so much better if I could just leave and be rid of him/her”, even though the very finality of ending the marriage can be a scary prospect.  Unless each of the parties has a high-power job, and the financial ability to make it on their own, there is usually hesitation on either side.

Whether the marriage is of many years’ duration, or just recent, people often have a few spats, and it escalates a little further, and soon one of them threatens to end the marriage.

Child Custody, Divorce, Legal separation April 25, 2017 0Comments 0Likes
Retirement Planning and Divorce
Divorce, Divorce Pension Rights, Retirement and Divorce Planning, Retirement Planning April 18, 2017 0Comments

Retirement Planning and Divorce

Divorce isn’t a fun topic at any age, and, it sure is not something most people anticipate as they happily stroll down the aisle while envisioning the years of marital bliss that lie ahead. Sometimes real life intervenes, and “happily ever after” isn’t always meant to be.  Things turn ugly with sharp words and accusations hurled – soon thereafter is talk of splitting up, or divorce.  Reconciliation may occur, but statistics show that only a mere 15% of all separations result in renewed marital bliss, and do not lead to divorce or reconciliation within ten years.  Those aren’t very good odds for the remaining 85% of couples, who at least believed their marriage was important enough to try to salvage.

Sentimentality aside, once the jeers and tears have gone away, the reality of divorce sets in.  Among the topics to consider going forward, is how retirement assets will be divvied up between the two partners.  Divorce can really take its toll, emotionally and financially, but the later in life it occurs, the greater the threat to retirement.   If you are getting divorced in your latter years it would be wise o consult with a top financial advisor in NJ.  A New Jersey financial advisor will be able to help you go through the process in the least painful way.

Divorce, Divorce Pension Rights, Retirement and Divorce Planning, Retirement Planning April 18, 2017 0Comments 0Likes
Divorce and Social Media
Divorce, Social Media June 9, 2016 0Comments

Divorce and Social Media

Sadly the statistics don’t lie.  It is estimated that some 40 to 50 percent of all marriages end in divorce courts these days.  What can we attribute this to?  Was the picking of a permanent partner more carefully thought out back in our parents’ day?  Perhaps couples just agreed to disagree and kept a stiff upper lip and carried on with the relationship for the sake of the children.  By the time the children were grown and out on their own, the polite air of civility was the norm and the relationship was comfortable, so the marriage continued until one or the other passed away.

Today though, our society seems less content to just be satisfied with making do in the relationship “until death do us part” and perhaps this accounts for the fact that nearly half of all marriages are doomed for divorce.  Of course, there are the exceptions like needing to extricate oneself from a threatening relationship where domestic violence is present or when one’s spouse has addiction issues which seem unlikely to be resolved, even through counseling, thus, there is a resignation that divorce will be the answer.

Yet, domestic violence and addiction issues cannot account for all the divorces that crowd the family law docket these days.  Why has the sanctity of marriage and a relationship that was so treasured become so seemingly disposable?

Divorce, Social Media June 9, 2016 0Comments 0Likes
How Does Divorce Work
Divorce, Hiring an attorney May 27, 2016 0Comments

How Does Divorce Work?

Sadly, the rate for marriage ending in divorce has escalated in the past few years/decades.  Once upon a time people married and stayed together, through thick and thin, for life.  Often, though there were irreconcilable differences, people stayed together for the sake of the kids as they knew the turbulence of divorce and the divisiveness that results is often difficult on the kids.  But sometimes the relationship becomes intolerable and you seek an exit, vowing that you will not let the kids suffer the consequences of this faltered relationship.

Divorce, Hiring an attorney May 27, 2016 0Comments 0Likes
Types of Prenups
Divorce, Marriage Law, Prenuptial Agreement May 20, 2016 0Comments

Types of Prenups

The wedding plans are in motion and it seems that there are a million details to attend to before the big day.  While you, ever the romantic, are pondering over what color butter cream roses should adorn the wedding cake, your intended tells you he has made an appointment for both of you to see a divorce attorney.  “A divorce attorney?” you ask with a smirk on your face.  “Why would we see a divorce attorney – we’re not even married!”  “To get a prenuptial agreement in place” is the response.  Immediately your eyebrows go up in a quizzical manner and you feel your mouth form a perfect “O” as you feel you might faint dead away.

While this scenario might sound like it straight from out of the afternoon TV. soap operas, it is a scene that happens more and more these days.  In an age, where nearly half of all marriages eventually are dissolved, one can never be too prudent.

Divorce, Marriage Law, Prenuptial Agreement May 20, 2016 0Comments 0Likes
What is a Prenup
Divorce, Marriage Law, Prenuptial Agreement May 17, 2016 0Comments

What is a Prenup?

The mood is just right… a romantic, candlelight dinner for two in an elegant restaurant and when the dessert arrives, there is something much sweeter than the crème brulee, as the gentleman suddenly pulls a velvet box out of his chest pocket and pops the magical question to the woman.  We’ve seen enough romantic movies to know that the question is “will you marry me?”  After the young lady answers in the affirmative, suddenly there are a flurry of decisions to be made and many details to be dealt with before the big event.

But, should one of those details be putting a prenuptial agreement in place before the wedding day?

Nothing puts a kibosh on upcoming nuptials more than talking “prenup”, a word commonly used to describe a prenuptial agreement, or a “contract” that is created between two people before they marry.  This prenuptial agreement may exist between two heterosexual individuals, or, a same-sex couple.

When you read the title of this post:  “What is a Prenup?” you might have scoffed at the topic, thinking prenuptial agreements are just for the rich and famous and not applicable to everyday people.  If a budding romance seems headed to marriage in the near future, you should check out some of the reasons why you might want to consider the practicality of a prenuptial agreement, rather than merely dismissing it as something that is irrelevant to your relationship.

Divorce, Marriage Law, Prenuptial Agreement May 17, 2016 0Comments 0Likes