Family Law & Divorce Blog

If you and your spouse want to divorce as quickly and inexpensively as possible while keeping things amicable, the best option is to pursue an uncontested, no-fault divorce with “irreconcilable differences” as the grounds. In New Jersey, couples have two types of divorce to choose from: fault-based and no-fault divorce. Grounds for a fault-based divorce […]

In New Jersey, a divorce decree officially ends your marriage, regardless of whether your divorce is contested or uncontested. However, finalizing a divorce is not the end of the process. It is important to address all post-judgment matters appropriately.  What is a Final Divorce Decree? A divorce decree (or Judgment of Divorce) is a court […]

Unlike many states, New Jersey does not formally recognize any form of marital separation. That doesn’t mean you can’t separate, of course. You can, however, choose to live separately and even form a written separation agreement. You can also take advantage of temporary court orders during your separation. Unfortunately, there are also many mistakes you […]

If you are getting divorced in New Jersey, you likely have questions about the many legal issues you have to address. We also understand that you may have even more questions about how mediation can affect resolving those issues in your divorce. In the sections to follow, we’ll answer some of the common questions spouses […]

Just about every study on marital discord concludes that disputes over money is the number one reason why spouses argue. Since recessions tend to lower income, and since lower income generates financial distress, a recession might trigger a divorce. By triggering a divorce, it might also trigger other family law issues such as child custody, […]

At its most dire, attorney-client privilege may apply when a suspect confesses to his attorney that he did, in fact, murder his wife. In a divorce matter, a client may admit to his attorney that he had an affair, which will likely come out during the divorce proceeding, and it is best that the attorney […]

Spousal privilege, also known as marital privilege, prevents spouses or partners in a civil union from divulging confidential communications between them. New Jersey has codified spousal privilege in Rule 509 of the New Jersey Rules of Evidence and 2A:84-22 of the New Jersey Code. Spousal privilege is not absolute, however—it has limitations. Legal Gray Area […]

When it comes to dividing assets during a divorce, New Jersey is an ‘equitable distribution’ state, not a community property state. The basic principle is still a fair distribution of marital assets, but the equitable distribution system allows for more flexibility in distributing assets than the 50/50-based community property system does.  Under the New Jersey […]

When you get married, the last thing you imagine is your spouse cheating on you. However, for countless spouses, this becomes a reality, making it much more challenging to continue with the marriage.  If your spouse has stepped out on you, you may want to confront them and discuss it. Before you do, you should […]

Parties are encouraged to negotiate a parenting plan that allows their children to spend as much time with each parent as possible. It is presumed that spending time with a parent is in a child’s best interest unless the parent is unfit. Therefore, New Jersey courts often prefer joint child custody arrangements whenever possible. However, […]