In New Jersey, inheritance is typically considered a separate asset that is not subject to equitable distribution in a divorce. This means that when it comes to dividing assets in a divorce, any inheritance either spouse receives before or during the marriage will not be taken into consideration. However, this does not mean that inheritance is completely off the table in a divorce. For example, if one spouse uses inheritance money to purchase a marital asset (such as a home or car), that asset may be subject to equitable distribution. Also, if one spouse uses their inheritance to pay off marit ..read more

When it comes to dividing assets and debts during divorce, New Jersey follows the “equitable distribution” process. This means that any assets and debts acquired during the marriage will be divided in an equitable manner, as determined by the court. This includes pensions and other retirement accounts. How is Pension Handled in Divorce? In New Jersey, pensions are considered marital property, and thus subject to equitable distribution. This means that both spouses have an ownership interest in the pension, regardless of who earned it. The court will consider a variety of factors when determini ..read more

We believe that divorce is a good time to think about the future. What if you get sick? Will you be able to pay your medical bills? Will you be able to care for your children? Will you ever be able to retire? What will happen if your spouse is ill or dies and is not able to pay child support? These are common questions, especially when one spouse has been the family’s primary wage earner. New Jersey law protects the lower-income spouse by allowing health insurance, life insurance, pensions, and Social Security benefits to be treated as assets. These assets can be used to protect you and your c ..read more

Changing Your Divorce Agreement – Divorce is Forever, A Divorce Agreement is not When you divorced, you and your ex made legally binding decisions about your property and your children. The decisions you made about custody and support were based on your circumstances at the time. However, circumstances change. The best solution at the time of your divorce may no longer fit your life. If your custody, support or visitation agreement doesn’t meet your current needs, a legal modification may be needed. You may request a modification of the divorce agreement if: Your income is reduced because you ..read more

Getting a New Jersey Divorce when Your Spouse is Out-of-state You’ve made the decision to get a divorce. However, you are a New Jersey resident and your spouse is not. Where do you file for divorce? You may be able to file for a New Jersey Divorce if: You are a New Jersey resident working or living out of state. Your spouse lives outside New Jersey in another state or in a foreign country You or your spouse is serving in the U.S. military New Jersey Residents Who Work or Live Out-of-State You are a resident of New Jersey if your main home is in New Jersey or you pay state income tax in New J ..read more

Modifying Your NJ Alimony Orders Alimony is a payment made to a former spouse in order to allow the lower income spouse to maintain a lifestyle similar to that enjoyed during the marriage. In most cases, alimony is temporary and is intended to provide financial support until the former spouse can become self-supporting. Permanent alimony is only available after long marriages when one spouse gave up a career or education to support the other spouse’s career or to care the family. Modifying an Alimony Order When You Are Receiving Alimony It is difficult to request an increase in alimony payment ..read more

Child Support Modification Your ex got a big promotion. He has a new house and a new car, while you are struggling to pay for your child’s basic needs. Can you ask for more child support based on his increased income? Your child was recently diagnosed with a developmental disability. He will need occupational and behavioral therapy. Very little of the cost will be covered by insurance. Can you request additional child support to cover your child’s medical needs? You have returned to the full-time workforce. You are enjoying the challenge of your new job, but you aren’t enjoying the challenge o ..read more

Requesting a Post-Divorce Modification to Custody and Visitation After the divorce, you were happy with your child custody and visitation agreement. But, circumstances have changed. The arrangement that worked well in the past, no longer meets your family’s needs. You wonder, is the agreement meant to last till your children are grown? Can a child custody and visitation be changed? Common Reasons for a Change in Custody and Visitation Relocation due to marriage or career opportunities Change in occupation or in hours worked Loss of income Health changes Drug or alcohol abuse Child abuse Any s ..read more

Uncooperative Spouse? Six Steps to Obtaining Your New Jersey Divorce Obtaining a New Jersey Divorce When Your Spouse Won’t Consent to a Divorce, is Uncooperative, Controlling or Threatening Divorce laws have evolved over time. Until the late 1960’s, both spouses had to agree to a divorce or the spouse seeking the divorce had to prove that there were grounds for ending the marriage. Today, anyone who wants to end a marriage can obtain a legal divorce, with or without a spouse’s consent. However, an uncooperative spouse can complicate the process. These six steps can help you end your marriage ..read more

Before You Adopt, How to Choose the Right New Jersey Adoption Adoption is a big decision. If you have decided to adopt a child, you have spent a lot of time thinking about how your new family member will fit into your life. You’ve thought about your child’s room. You’ve thought about education and childcare.  You’ve even imagined taking your child to the park or to play dates. However, the adoption process itself may still be vague and confusing. There are many options for adoption in New Jersey. The type of adoption you choose will depend on your family’s goals. Goal: To protect your rel ..read more