Marlton Family Law Blog

Avoiding impulsive decisions in a divorce case

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Thursday, March 21, 2019.

Being involved in a divorce case can be a highly-charged emotional experience. In any given case, the divorcing couple will need to address potentially contentious issues such as property division, alimony, child custody and child support, among others. When emotions run high, it is important to stay focused on the legal process and the long-term implications of the case on the rest of your life. Avoiding impulsive decisions in a divorce case can pay off long after the case is settled.

In order to avoid such impulsive decisions, it can help to try to picture what your life will look like once the divorce case is in the rearview mirror. What will your living arrangements be? If you made the impulsive decision to move out of the family home during the divorce process, for example, that may have an impact on such arrangements.

How do you define "marital property" in a high-asset divorce?

On behalf of Weinberg, Kaplan & Smith, P.A. posted in high asset divorce on Friday, March 15, 2019.

When New Jersey residents are involved in a high-asset divorce, one question may override all others: who gets what? But, to solve that problem, exact legal terms will come into play, none more important than the term "marital property." So, how do you define "marital property" in a high-asset divorce?

Unfortunately, the property that falls under the umbrella of "marital property" can differ quite a bit in any given case. However, "marital property" typically includes all of the property - and debts - that a couple accumulates during the course of the marriage. In other words, if the property was accrued after the marriage date, it is highly likely that such property will be counted among the martial property to be divided.

The advantages of mediation in a divorce case

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce mediation on Thursday, March 7, 2019.

Although many New Jersey residents probably think that every divorce case is a bitter feud between two soon-to-be ex-spouses, that isn't always the case. Some couples can actually work together, relatively speaking, in order to advance the case in a civil and purposeful way. In these types of cases, mediation of the divorce case can have many distinct advantages as opposed to courtroom litigation.

For example, one of the most significant advantages of divorce mediation is the time and financial resources that can be saved, if the mediation is productive. By avoiding the need to engage a court with motions and hearings about a variety of divorce topics, the divorcing couple can work to streamline the entire process. During a mediation session, the divorcing couple can exchange ideas about how best to address and finalize issues such as property division, child support, child custody and alimony.

High-profile divorce case comes to a conclusion

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Thursday, February 28, 2019.

Our readers in New Jersey are probably aware of one of the most high-profile divorce cases in the Northeast, and perhaps the country: the divorce of Donald Trump, Jr. and his wife. Any news story with the name "Trump" in it is at the top of any news feed these days, and this divorce case is no different, although it was not a particularly contentious matter.

According to reports, the divorce case has reached a conclusion. The couple, who were married for 13 years and have five children together, are said to have finalized a divorce agreement and they issued a joint statement on the matter. Now, in their post-divorce life, they former couple says that they will focus together on raising their children.

Various criteria used to determine alimony in New Jersey

On behalf of Weinberg, Kaplan & Smith, P.A. posted in alimony on Thursday, February 21, 2019.

Many divorce cases in New Jersey involve contentious disputes about child support, child custody and property division. However, the one issue that can really cause debilitating strife in the legal proceedings is a request for alimony. After all, most divorcing spouses view the end of their marriage as the end of any type of relationship between the two ex-spouses - many do not treasure the idea of owing a financial obligation to an ex-spouse after the marriage is over.

However, just because one or the other of the spouses requests alimony does not mean the request will be granted. There are various criteria that is used in New Jersey to determine whether or not an alimony request should be granted.

Should you avoid using social media amid divorce?

On behalf of Weinberg, Kaplan & Smith, P.A. on Wednesday, February 20, 2019.

Going through a divorce can make you feel exceptionally lonely, and if you are likely many people in your shoes, you may be relying on social media more than ever during this difficult time. Doing so can, in some cases, come back to bite you, however, which is why it may prove wise to avoid using it at all until your divorce is officially final.

A common error many people involved in a divorce make when interacting on social media is assuming that they have any level of privacy when doing so. Even if you utilize privacy settings, it would be wise for you to assume that at least one of your existing contacts may have reason to share your posts with your former spouse or his or her legal team. In other words, in the age of screenshots and similar sharable content, never assume that your posts, photos and online interactions will be viewable only by those you desire. If you do decide to continue to use social media while your divorce is ongoing, know that doing so has the potential to impact certain aspects of your case.

Could financial secrets lead to a divorce?

On behalf of Weinberg, Kaplan & Smith, P.A. posted in divorce on Thursday, February 14, 2019.

The cause of any given divorce can vary considerably. Sometimes people just "grow apart," while in other situations there is some affirmative act that leads one spouse to divorce the other. A recent news article took a look at one potential cause of divorce: financial secrets.

According to the report, a survey that included 500 people in America found that, for over 25 percent of those surveyed, finding out that their spouse was keeping financial secrets would be a "deal breaker" for their marriage. This may be understandable for many of our readers in New Jersey, as the bedrock of most marriages is honesty. But, on the flip side, that means that approximately three out of four of the adults surveyed may actually be fairly forgiving when it comes to this type of potential secrecy.

A wide range of factors can impact the property division process

On behalf of Weinberg, Kaplan & Smith, P.A. posted in property division on Thursday, February 7, 2019.

When New Jersey residents get stressed out during the property division part of their divorce cases, it is understandable. After all, many married couples spend years - even decades - accumulating wealth together. To have a divorce case implement the necessity of dividing all of those assets can be a difficult thing for anyone to go through. To make things even more complicated, there are a wide variety of factors that can come into play during the property division process - unless the couple can reach an out-of-court agreement.

If the court needs to make the property division decisions in a divorce case, the length of the marriage and how each spouse contributed to the accumulated assets will be significant factors to consider. In some marriages, one spouse is the primary "breadwinner," while the other spouse focuses on raising children. But, just because one spouse contributed more money to the overall good of the marriage is no reason for an uneven split of the assets. Why? Well, because the court will also look at how the soon-to-be ex-spouses will be able to support themselves after the divorce is finalized.

What are the basics about child support?

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

When couples who have children begin the divorce process to end their married relationship, they are probably fully aware that child support will be one of the important issues to address in the legal process. However, many of those same couples have questions about how important determinations will be made about child support in their own unique cases. So, what are the basics about child support?

Well, for starters, the typical situation in which child support will be ordered by the court is when the children involved in the case will be spending more time with one parent over the other, as is usually the case when the children live with one parent and not the other. In those types of situations, the "non-custodial" parent will be the one who is ordered to pay child support to the other parent.

Why a prenup may be exactly what you need

On behalf of Weinberg, Kaplan & Smith, P.A. on Thursday, January 24, 2019.

As you and your beloved plan your wedding, you likely are caught up in venues, guest lists, dresses, cakes and all the other things that go along with planning a wedding and reception. But in all this happy frenzy, you would do well to also remember to think about post-wedding issues, including the possibility of an eventual divorce.

Naturally the two of you intend to be married ’til death do you part or you would not be getting married in the first place. However, given that the U.S. divorce rate has remained steady at approximately 50 percent for over 30 years, it is obvious that a good number of couples do not live out this happily ever after story. Should you and your intended become one of these statistics, entering into a prenuptial agreement now could save you innumerable future headaches and heartaches.