New Jersey Divorce Blog
Are domestic partnerships still available in New Jersey?
In the days before same-sex marriage was legal in New Jersey, the state offered domestic partnerships as an alternative to same-sex couples who wanted to formalize their committed relationship, as well as to some opposite-sex couples who chose not to get married but...
What is marital property?
After your New Jersey wedding, the property that you acquire with your spouse is marital property. Separate property is the property that you acquire prior to the marriage. When you are preparing for a divorce, your separate property remains with you. The same does...
Inheritance and divorce: What do you need to know?
As an equitable distribution state, New Jersey law dictates that divorce courts distribute property in a way that is equitable but not necessarily equal. What this means is that family law judges may use their discretion to divvy up property in a manner they see fit....
Clearing your schedule to focus on divorce
People are busy for an endless number of reasons, whether they are dealing with various stressors and time-consuming obligations due to their career or they are taking college classes in the evening, helping a family member who is ill, moving into a new home or...
Protecting your business during divorce
If you own a company that you started during your marriage, New Jersey courts consider the business marital property and will divide it equally in a divorce. If you started the company before your marriage, your spouse could receive half of the increase in value of...
Mediation benefits for same-sex couples
In New Jersey, mediation is widely regarded as a positive alternative to traditional divorce litigation. The Arbitration Law Review notes that mediation promotes communication, reduces hostility and makes the divorce a less stressful experience for children. It also...
The advantages of divorce arbitration
As previously discussed, mediation is an alternative to regular divorce proceedings that provides divorcing couples a number of important benefits, such as allowing a couple greater control in resolving their disputes. Still, mediation is not always the best option,...
Other ways custody issues can change your life
Parents who are going through a dispute over child custody may struggle with negative emotions and stress, and there are many other ways in which custody issues can change someone’s life. Sometimes, custody matters can transform a parent’s life for the better,...
Recapturing Dissipated Marital Assets for Purposes of Equitable Distribution
In New Jersey, a spouse’s actual “dissipation” of marital property is a relevant factor to be considered when dividing the marital estate, pursuant to N.J.S.A §2A:34-23.1(i), which says: “The contribution of each party to the acquisition, dissipation, preservation,...
Distinguishing Between Defined Contribution Plans and Defined Benefit Plans for Purposes of Dividing the Marital Estate
One shortcoming of the family law system in the division of marital assets is that all assets that fit within the “pot” for equitable distribution in the event of a divorce are assigned a fixed value and treated equally (including retirement assets and current...
