Newsome O'Donnell, LLC Blog
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Going through a divorce or legal separation can be one of the most trying times of your life. The emotional, physical and financial burdens can become consuming. Finding solutions can be very frustrating.
Newsome O'Donnell, LLC Blog
1y ago
Child custody is a crucial part of a divorce involving children. You and your spouse can agree on this subject and make it official, or the court can make an order based on the child’s best interest. Nonetheless, it’s possible to modify the existing order.
The following are three reasons to change a child custody order:
Physical relocation
If the parent with physical custody is relocating to a different state or country and has decided the kids will remain in New Jersey, you may request a modification. This is especially necessary if the move will harm the kids and the noncustodial parent.
If ..read more
Newsome O'Donnell, LLC Blog
1y ago
Although the courts may treat you and your spouse as a family of two, you may think of yourself as a family of four because of your beloved English bulldogs. They are the children that you never had, and both of you have a deep bond with the animals. Maybe you have children and family pets.
When there are companion animals in a family unit, divorce becomes infinitely more complex, and the potential for emotional disputes increases notably. How can you effectively address your pets while navigating a New Jersey divorce?
You can ask a judge to settle the issue
You love your pet so much that you ..read more
Newsome O'Donnell, LLC Blog
1y ago
One major red flag that your marriage may be irretrievably broken is if you’re considering surreptitiously recording a conversation with your spouse. But let’s be honest – it happens.
Before determining whether you should surveil your spouse by any legal means, what does the law say about it?
New Jersey is a one-party state
Under state law, as long as one person in the conversation gives consent (you), recording it is legal. But the popularity of digital devices like AirPods and their knock-offs that can be used to both amplify and record conversations is a potential game-changer.
For instance ..read more
Newsome O'Donnell, LLC Blog
1y ago
If you watch movies and TV shows where someone gets divorced, there is sometimes a scene where one spouse says that they want to end the marriage and that the other person has to leave the house. They might tell them that “all their stuff is on the lawn” and they have to get out immediately. And, in real life, people will often split up and not live together while they go through a divorce.
However, this may also make you wonder if it’s really possible to force your spouse to leave. If you’re the one who files for divorce, can you come home and tell them that they have to find a new living sit ..read more
Newsome O'Donnell, LLC Blog
1y ago
If you and your child’s other parent are ending your romantic attachment but want to remain actively involved parents, you’ll need to construct a parenting plan as part of your broader child custody arrangement. An effective parenting plan will allow you both to clarify how your co-parenting relationship will work in legally-enforceable ways.
Most of the time, New Jersey courts require that a parenting plan be formalized before a divorce or non-marital child custody case can be formalized and closed. If your child’s needs or your family’s circumstances evolve, you can modify the terms of ..read more
Newsome O'Donnell, LLC Blog
1y ago
As you go through a divorce, the financial side is going to be very important, and you and your ex are supposed to split up the assets that you own. This can be complicated, but the general idea is simply that dividing your assets is a key part of dividing your life together.
Unfortunately, your ex may do things to try to keep you from the assets that you deserve. In some cases, these actions can be in violation of court orders, but these kinds of events do still take place. Here are two things that you want to watch out for as you work to ensure that you get what you truly deserve.
Hiding ass ..read more
Newsome O'Donnell, LLC Blog
1y ago
The stigma around prenuptial agreements has decreased substantially in the last few decades. People once judged those who proposed signing such documents when they got engaged, but that has changed. Most people now recognize prenuptial agreements as valuable to many people about to get married, especially those with special personal property or a successful career.
Rather than judging someone’s commitment to a marriage, those who hear about someone signing a prenuptial agreement will probably assume that their situation fits into one of the three scenarios below.
They want to start a blended ..read more
Newsome O'Donnell, LLC Blog
1y ago
The new year is incredibly exciting on many levels. People often view this as a chance to get a fresh start and make resolutions for how life will be different. They may be excited to celebrate New Year’s Day with their friends, perhaps while watching hockey or football games.
As fun as all that is, it’s important to note that divorce cases also spike in January. This may mean that the fresh start you get is a bit different than what you expected. If your spouse decides to start their year by filing for divorce, you may find yourself asking why this happened when it did.
Perhaps they were avoi ..read more
Newsome O'Donnell, LLC Blog
1y ago
A common misconception is that everything a couple amassed during the marriage (marital assets) will be divided equally upon divorce. While each spouse is entitled to a share of these assets, property division in a New Jersey divorce is not strictly 50/50. As a result, you may end up with unequal shares of marital assets when the divorce is settled.
First, it is necessary to understand what constitutes marital assets. All property, assets and liabilities acquired throughout the marriage are considered part of the marital estate and will be split accordingly. They include the family home, vehic ..read more
Newsome O'Donnell, LLC Blog
1y ago
Going through a divorce is one of the most stressful life events anyone can experience. It can take a heavy toll on your mental health and well-being. As you go through the legal process, it’s vital to make sure you take care of yourself. Below are some tips on how you can make a difficult time a little easier on yourself and a few reminders on how to put yourself first. 1. Practice self-care as often as possible While you might not feel like it, it’s more important than ever to prioritize self-care. Take time to assess how you’re feeling and acknowledge it. Don’t beat yourself up ..read more