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Marlton Family Law Blog

What should you expect in divorce mediation?

There are some divorcing couples in New Jersey who, despite the fact that they are ending their marriage, can be civil enough with each other to consider divorce mediation to get through the legal process. Of course, such an option doesn't work for everyone. Each couple must consider their possible ability to get through the process successfully, so that they don't waste time and financial resources.

So, if you decide that divorce mediation is an option for your case, what should you expect? Well, for starters, expect to have a greater feeling of controlling the outcome of your divorce. By engaging in back-and-forth negotiations and exploring creative approaches to solving any unique issues that pop up in the divorce case, you take the decision power onto yourself, as does your soon-to-be ex-spouse.

Divorcing in 2019? Know these new tax laws

As someone who divorced since the year began, or as someone who foresees a divorce in your near future, it is important that you recognize how new tax laws that took effect this year can affect you. People who divorce this year and moving forward will face certain tax implications that those who divorced before them did not, and some of these tax changes can have considerable effects on your bank account.

So, what types of tax changes should you familiarize yourself with? If you anticipate that a divorce is coming down the pipeline, understand that new tax laws will potentially impact you in these ways.

Getting through a divorce if you are over the age of 50

Many of our readers in New Jersey have probably heard the term "grey divorce," which, generally speaking, usually involves people over the age of 50 going through a divorce, as opposed to younger individuals. Many people have probably also heard the common refrain that about half of all marriages end in divorce. These two concepts are causing major ripples in the family law field, and they may start to become intertwined.

There is some thought that the idea that half of marriages end in divorce is changing, as the rate of divorces drops. So-called "millennials" are waiting longer to get married and many are staying married longer. At the same time, experts say that the rate of divorce for those over the age of 50 is rising. Millennials, as they get older, will likely start to fall into that category.

High asset divorces can seem more contentious than other cases

Any given divorce case will involve quite a range of issues to address, from child custody and support to alimony and property division. However, when a couple has a significant amount of assets, it is the property division part of the divorce case that can become more contentious than even the parties involved might expect. After all, New Jersey residents work hard for their earnings and likely will not want to accept any out-of-court agreement they view as unfair.

High asset divorces can be tricky, but there are a number of ways to try to navigate these cases in order to reach a result that both of the soon-to-be ex-spouses can live with in post-divorce life. Fighting it out in the courtroom is usually not the most economical way to deal with such cases, but it is an option if all else fails.

Crucial tips to get through a divorce case in New Jersey

Many New Jersey residents who are considering filing for divorce may feel quite a bit of trepidation about the move. As a result, they have many questions that they feel need to be answered. A recent article had a number of tips for those who are planning to go through a divorce case.

For starters, the article noted that it is important to choose the right course of action for pursuing the divorce. Not all cases turn into contentious courtroom battles. Many couples who are going through a divorce are able to agree that they will use mediation or even collaborative divorce, which are options that can help the couple get through the divorce process more smoothly than fighting about everything in court. Every couple's circumstances are different and what worked for one person may not work for another.

Prenuptial agreement: How to include a special needs child

When cohabitation moves toward an engagement to marry, partners with significant assets may decide they want a prenuptial agreement. The partners are aware of their separate and joint assets.  

There is one consideration that makes this high-asset couple different: They are parents of a special needs child. They want to include provisions for how to consider her welfare should they ever face marital dissolution. These specific prenuptial conditions could act as waivers if the couple sets up an estate plan. 

The property division problem for stay-at-home parents

In New Jersey, as in the rest of the country, it seems that the vast majority of parents - both mothers and fathers - are in the workforce earning an income. However, approximately 25% of mothers stay at home to take care of their children while their spouse works to earn an income. For men, 7% stay at home with the situation reversed. When the marriages between these spouses breakdown, how does the "stay-at-home" aspect of the parenting and marriage work out in the property division process? As it turns out, not well.

A recent study analyzed this issue, particularly when it comes to stay-at-home mothers. The study found that most experts who analyzed the issue found that a stay-at-home mother may end up with less than half of all marital assets. Why? Well, it appears that the contributions of a stay-at-home mother or, presumably, a stay-at-home father, are harder for a family law court to quantify than it is to look at the hard figures of an income stream coming into the family.

What questions determine alimony issues in a divorce?

Alimony issues in a Marlton divorce can cause fervent and contentious confrontations between the two sides. Many people who are involved in a divorce are looking for a "clean break" to the relationship which has taken a turn for the worse. Alimony is a link between the two soon-to-be ex-spouses that can survive the end of the legal proceedings. So, it is important to understand the common terms used during the process and the basics around them.

Well, for starters, what is alimony? Alimony is a payment from one spouse to the other based on established financial differences that will be a real impact on post-divorce life. If the parties can agree on an amount of alimony, great. If not, the court will order it, if it is deemed necessary.

Navigating complicated issues with divorce mediation

It might be obvious that if a couple is getting a divorce those individuals probably have a hard time agreeing on many topics. But, just because that was the state of the relationship in the months or years leading up to the divorce doesn't mean that the couple can't attempt to work together in the divorce process to get the legal matters behind them and move on with their lives. This is where divorce mediation can come into play.

The divorce mediation process can help a divorcing couple navigate many of the complicated issues that can come up during the case. Some of the most complicated divorces involve issues related to children from the relationship, or if the couple has significant assets to divide. If the couple can stay focused on what is fair in asset division and what is best for their children, they could work through the divorce mediation process to arrive at agreements that all parties find acceptable.

The complex divorce issue of dividing business assets

Although divorcing spouses oftentimes work together during the legal process to divide assets in a fair manner, there are times when a unique asset can cause friction, even when the spouses are negotiating amicably. Business assets, particularly a family business, can be difficult to approach in the property division part of a divorce case. But, there are options for soon-to-be ex-spouses to consider when it comes to a family business and the impact on that business in a divorce.

For starters, the divorcing couple may decide that one of them will keep the business, while the other will be "bought out" or will relinquish interest in the business in exchange for other marital assets. This type of arrangement is particularly useful when one spouse has done more to run or operate the company, or even if one spouse founded the business without the other spouse's help.

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Weinberg, Kaplan & Smith, P.A.
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Marlton, NJ 08053

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Phone: 856-375-1586
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