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Marlton Family Law Blog

What will a court look for when determining custody?

Because the focus of any custody order is the best interests of the children involved, and because what is in the best interests of a child can change, it makes sense that New Jersey courts should consider a number of factors before deciding upon have the option of reviewing a custody and parenting time arrangement in a divorce or paternity case.

Many of these factors are a matter of common sense. For instance, the court will ask whether and to what extent the parents are able to get along, how the children relate to each parent and whether the parents have shown a real interest in having custody or extensive parenting time.

How well does divorce mediation work?

Some New Jersey residents may wonder how much of the talk about the benefits of child custody mediation is hype and how often mediation actually works. Others may wonder whether mediation works long-term even if a couple manages to forge together an agreement at the moment.

After all, even if mediation is seen as a good thing to try, it is not worth the money if it is not going to resolve a couple's issues.

Taking the mystery out of the mediation process

In addition to legal services, this law office offers mediation services to divorcing New Jersey couples or parents who need it in order to resolve their family law disputes.

Especially for those who have not been through it before, mediation can be a mysterious and even somewhat scary process. Even though it does not involve going to court, it still is intimidating trying to work out an agreement in the presence of someone whom neither parent really knows but who is supposed to be an expert.

Is discussing college expenses worth it when your kids are young?

When you begin divorce proceedings and have young children, college expenses may be way down on your list of concerns to discuss and resolve throughout the divorce process. For example, co-parenting and fair property division may be at the top of your list.

However, it can be worth taking the time to think longer term about potential college expenses even if your children are young.

How property division works for unmarried NJ couples

These days, there are many more people in New Jersey who, for whatever reason, choose to live together and maintain a household long term without legally getting married.

These couples may have children together, and they may combine their income and assets in such a way that it is hard to know whose property belongs to whom, just like in marriage.

The evolving tax consequences of alimony

Many residents of Marlton, New Jersey, have to pay alimony or face the consequences of ignoring a court order to do so. While not everyone necessarily sees this as a burden, many people do. The silver lining for them is that, at least through the end of this year, alimony payments can be deducted from one's federal taxes.

It is important for those who want to take advantage of this tax deduction to be mindful that certain rules apply to claiming it, and not following these rules can mean a person does not get a tax deduction which he or she expected.

The current status of palimony in New Jersey

Even as more people choose to live together without being married, the law in New Jersey still offers special protections to those who are legally wed.

Unlike married couples, unmarried couples have to go almost piecemeal through a series of legal hoops in the event they should break up, oftentimes even before there is any sign of strife. This is especially true with respect to the couples' property and personal income. Without taking the necessary extra steps, unmarried couples who were in a long term relationship may wind up in a financially bad position after a break up.

Court-ordered custody mediation in New Jersey

Previous posts on this blog have discussed when child custody mediation might be a good idea for New Jersey parents to consider. Other posts have discussed those times in which parents might not want to pursue mediation as an option, such as when one of the parents in an upcoming divorce mediation is possibly the victim of domestic violence.

One thing New Jersey residents need to keep in mind, however, is that New Jersey judges have authority to order parents to participate in a child custody mediation if they are having disputes over custody or parenting time. This is so even if neither parent really wants to mediate their disputes.

Should you consider mediation for your divorce?

If you are facing a divorce, you have many decisions to make, and the entire process can seem very overwhelming. In addition to the emotional stress and turmoil you are going through due to the breakup of your marriage, there are all the questions of assets and property distribution to resolve. If you have minor children, there will be decisions regarding custody, child support and visitation.

In some cases where a couple is able to find common ground and not looking to immediately take things to court, mediation may be a good option. There are several benefits to the mediation process in a divorce.

Obtaining a restraining order in New Jersey

Any married couple in New Jersey, no matter their socioeconomic background, culture or beliefs, is susceptible to domestic violence, whether as a victim or as a perpetrator. Just because it can affect anyone, no one should think domestic violence is "okay" or something someone should just learn to live with.

Indeed, they can and should seek out immediate legal help; they should not try to sweep the issue under the rug or wait for a divorce to go through before doing something about it in the hope the situation will get better. It probably won't get better and may well get tragically worse.

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Weinberg, Kaplan & Smith, P.A.
8000 Sagemore Drive, Suite 8202
Marlton, NJ 08053

Toll Free: 866-350-9940
Phone: 856-375-1586
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