Marlton Family Law Blog

Is your spouse refusing to cooperate with divorce mediation?

On behalf of Weinberg, Kaplan & Smith, P.A. on Friday, November 15, 2019.

If your spouse has reluctantly agreed to use mediation to settle your divorce, you may have misgivings about how the process will go. Mediation requires the cooperation and commitment of both spouses, and if your soon-to-be-ex intends to fight you along the way, you may be justified in having doubts.

It is common for one or both spouses to have difficulty controlling their emotions during a divorce, and feelings of anger or resentment may hinder the forward progress of mediation. While it is possible for couples who are having a less-than-amicable breakup to have a successful mediation and reach a fair and workable agreement, you may want to be alert for signs that your mediation process may be breaking down.

Single Bell Rock: Divorce and the holidays

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Wednesday, November 13, 2019.

Winter is fast approaching, and some New Jersey residents have already spotted some snowflakes. The holiday season has officially begun, and many people are looking forward to celebrating with family and friends. For families dealing with divorce, it is natural to feel sad or anxious. It can seem overwhelming to find a new normal during a divorce, but learning a few holiday hacks will help a divorcee feel calm and confident.

Each divorce is unique, and people react to emotions and life changes in different ways. Many divorced people admit feeling resentful or angry towards their ex because it can be difficult to share special occasions with children, family and friends. It might be a good idea to have an agreed upon schedule ahead of time. It may feel as if beloved traditions have been ruined or taken away, and it is ok to be sad, but experts recommend finding positive ways to keep busy and discover new activities.

Property division and the family pet

On behalf of Weinberg, Kaplan & Smith, P.A. posted in property division on Wednesday, November 6, 2019.

Sometimes, when a couple prepares to marry, they agree on a pre-nup. Especially in situations where one or both parties has assets that they want to protect in the event of a divorce, a pre-nup can specify such terms ahead of time. When it comes to divorce and the property division that occurs, many people may wonder who gets "custody" of a family pet. New Jersey couples may want to consider a pet-nup.

While the largely unfamiliar term may sound warm and fuzzy, a pet-nup is in fact "a thing." In most states, pets are considered to be property, and in the event of a divorce, a pet becomes like any other joint property. Divorce is an emotional process, and a divorceè may feel that losing a beloved pet is a truly sad possibility.

How will divorce affect your children?

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Thursday, October 31, 2019.

Experts say that may be up to the divorcing parents. While certainly, a divorce will change the family dynamic, and children will have to get used to the "new normal," it turns out that divorce can be made less traumatic on a child if the parents make an effort to avoid petty conflict. New Jersey families facing divorce may want to consider a few key suggestions to reduce negative effects on a child.

Divorce is a legal process, but it is also an emotional process. Even if both parents view a divorce as relatively amicable, it can often be the little frustrations that come to a head. When a child witnesses signs of conflict, such as raised voices, angry or sarcastic facial expressions, or passive-aggressive behavior, such as ignoring phone calls or text messages from the other parent, the child may feel helpless.

Divorce and child support: is there such a thing as too much?

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Thursday, October 24, 2019.

New Jersey residents tune in with the rest of the nation to watch Good Morning, America, a long-running television program that mixes news and current events with pop culture, fashion trends, recipes and other topics of interest. Through the years, the show has seen several hosts, and former NFL star Michael Strahan has become a fan favorite. Though viewers may feel as if the program's hosts are personal friends, they may be surprised to learn that even celebrities often face the same hardships as "regular people" when it comes to divorce and child support.

Currently, Strahan is facing litigation involving his ex wife and the amount of child support he must pay. The former couple are mother and father to twin girls. Currently, his ex wife wants a court to sign off on a child support amount of over $18,000 a month, but Strahan feels the amount is unreasonable, citing that the number far exceeds the actual cost of raising the girls.

3 financial mistakes to avoid in your divorce

On behalf of Weinberg, Kaplan & Smith, P.A. on Saturday, October 19, 2019.

It is a myth that half of all marriages end in divorce. Today, married couples only have a one-in-four chance of divorce, which means your odds are far better than at other points in American history.

However, divorce in New Jersey still happens, and you need to be ready for it if your spouse files the paperwork. You do not want to end up in a bad situation, which means preparing your finances accordingly during the proceedings. You do not want to make a terrible error and end up losing too much money due to the divorce.

Consider these steps to ensure a successful divorce mediation

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce mediation on Thursday, October 17, 2019.

If you're adverse to conflict, then divorce is probably going to be an uncomfortable process for you. Litigation can force you to air all of your disputes with your spouse in open court, thereby leaving your personal life in the hands of a judge who doesn't know you and your family. Fortunately, you may be able to minimize conflict and retain a bigger say in your divorce if you and your spouse are able to work things out through divorce mediation.

Although mediation can save you time, money, and heartache, it isn't an easy process. On the contrary, you need to be fully prepared if you hope to reach an outcome that suits your needs. The first step in preparing is reflecting on what is important to you. This will help you identify areas where you are willing to give and those where you have to hold strong. In other words, this forethought can help you develop the foundation of your mediation strategy.

Property division during retirement can be tough on women

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Thursday, October 10, 2019.

Gray divorces, which we have discussed previously on this blog, continue to increase in regularity. While many find the freedom provided through a late-life marriage dissolution exhilarating, others find the process financially debilitating. Sadly, this is especially true for women. By taking the following matters into consideration, it is our hope that more older women will sidestep the oftentimes disastrous financial consequences of a gray divorce.

One of the biggest reasons that women tend to fare worse in divorce is because they agree to keep a marital home in exchange for giving up retirement accounts. Although a family home can carry great sentimental value, it can also be costly. If the home isn't paid off, then there are mortgage costs in addition to maintenance and taxes. Also, although a home can provide comfort, it doesn't provide income like a retirement account can.

Inheritances and high-asset divorces

On behalf of Weinberg, Kaplan & Smith, P.A. posted in high asset divorce on Thursday, October 3, 2019.

Not all divorces are created equal. Some are relatively straightforward with few assets to be divided, no children to fight over, and the parties agreeing on just about every legal issue. Others, though, are knock down, drag-out fights where each party has to be as aggressive as possible to protect his or her best interests. This is often the case in a high-asset divorce where there is a lot at stake and the outcome can have significant ramifications for years to come.

One of the key parts of a high-asset divorce is property division. With so many financial resources at stake, both parties to one of these divorces can find themselves concerned about how to retain or obtain a fair share of marital assets. This leads to the first step in the high-asset divorce property division process: determining which assets are in fact marital in nature.

Key considerations of business owners during divorce

On behalf of Weinberg, Kaplan & Smith, P.A. on Thursday, September 26, 2019.

Parties must work through a variety of issues when getting a divorce. For those who have a business, these things tend to compound.

To make the divorce process work for them, those involved must understand the different aspects of the process. Particularly in regards to businesses in divorce, there are a few key considerations to keep in mind.