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Marlton Family Law Blog

Mediation is available for property disputes too

Many of the previous posts on this blog have discussed how Marlton, New Jersey, couples often try and may even be ordered to try mediation when they are having a custody or parenting time dispute.

While this process often is effective in resolving such issues in a way that is efficient and beneficial to all involved, it is important to remember that divorce mediation can also be used to resolve issues over property, equitable distribution of property and other, related issues.

How does one put a value on artwork?

One of the most difficult things to put a precise value on without just selling it is a piece of unique artwork. The fact that fine art is hard to value can present problems during the property division process following a divorce or a bed and board divorce. Incidentally, not being able to get an accurate value on one's art can also present issues for even happily married couples who are trying to manage their finances.

The reason art is so difficult to put a value on is that its value is very much dependent on the subjective opinion of people, usually people who frequently delve in to the world of art.

Common questions about divorce mediation

Although this blog has tried to clear up some of the mystery surrounding the divorce mediation process, many New Jersey residents may still have a number of questions about how mediation will work or what they should or should not do to prepare for a mediation.

Probably the most important thing to remember is that, even when a mediator is also an attorney, he or she is no substitute for a person's own lawyer. Therefore, those who want to mediate are always encouraged to hire their own family law attorneys to help them understand the process and get through it while preserving their rights and interests, except of course when they voluntarily agree to surrender them as part of their negotiation with the other side.

3 social media tips during a divorce

In today's digital landscape, divorce is nothing like it used to be. Matters that once remained private can now be quickly broadcasted on a variety of social media platforms. Digital etiquette during a divorce is an important factor to consider.

Understanding how to manage your social media platforms as you move through a divorce can mean the difference between hurting and helping your case. Here are three quick tips to help you get a handle on the basics of social media and divorce:

Representation for alimony disputes

As a previous post on this blog discussed, an award of alimony is not a given in any type of divorce proceeding. Moreover, the amount and duration of the award can depend on a lot of different factors that are largely left up to the judge hearing the case.

Furthermore, unlike other aspects of a divorce decree, an alimony award can be changed over time, especially if one of the parties has a change in financial circumstances that might justify a higher, or lower, amount of alimony.

Review of factors courts use when awarding alimony

Although this blog has discussed them before, it may be helpful to our Marlton, New Jersey, readers to review what factors a New Jersey court uses when deciding whether to award alimony and in what amount to award it.

There is actually a list of factors a court applies when deciding the amount of alimony, which may also be referred to as maintenance, it should award to either spouse. One is even a catch-all factor which allows the court to consider any special circumstances the couple might have in their unique circumstances, as alimony is ultimately determined case-by-case.

Confidentiality: an advantage to divorce mediation

As this blog has discussed before, divorce mediation is an option for Marlton, New Jersey, residents who want to take an alternative route to litigating a family law issue. While not suitable for all cases, the process of mediation offers several advantages to a couple trying to solve problems related to custody, support or other family law issues.

One of these advantages is the confidentiality of the process. Under the rules of New Jersey that govern mediation, pretty much anything that the couple discusses with their mediator during the course of a mediation will be kept secret.

What is a QDRO?

Even if they have heard the acronym "QDRO" before, many Marlton, New Jersey, residents may not be familiar with the term.

QDRO is short for "qualified domestic relations order." Unlike a divorce decree or other order entered in a family law case, a QDRO is directed to the manager of a party's retirement account. In this sense, it works more like a wage garnishment.

More men receive alimony in divorce

There are many outdated gender norms that still plague society. One of the most common is that the man in a marriage should be the primary breadwinner. Decades ago, it was extremely common for men divorcing their wives to have to pay a certain amount in alimony. However, times change, and while the number of men who receive alimony from their wives is still low, it has started to increase in recent years. 

Many men do not pursue alimony during a divorce because they do not think they will get it. However, it depends on many factors in any given case, and if a man qualifies to receive alimony, then his lawyer will pursue it. 

Representing clients in discovery requests and disputes

A previous post discussed how the ordinary means of finding out about a spouse's assets and debts in the process of a divorce or bed and board divorce is to use the various means of legal discovery provided under New Jersey law.

Typically, the discovery process is not something that is going to be familiar to someone without any legal background. As a result, someone who needs to use it to make sure that they are getting their fair share of marital property may have a limited knowledge of what a deposition or subpoena even is, much less how to effectively use these tools.

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

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Phone: 856-375-1586
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