Sole Custody versus Joint Custody

1. What are the benefits of sole custody when both parents are equally fit? Sole custody means that one spouse has residential custody of the child as well as the right to without any consultation to make all of the day-to-day and major decision for the child. The custodial parent as the right to make […]

Domestic Violence and Child Custody Implications

1. Can a DV charge have an impact on a custody case? Absolutely yes. To be blunt if a person is convicted of committing an act of domestic violence then this event may nuke his or her chances to obtain custody of the child(ren). The most important provision of the domestic violence law is in […]

Custody and Marital Fault

1. My ex-wife has committed adultery during our marriage. Can I use this type of marital misconduct against her in a custody battle? One of the most common misconception in any custody case is that if one spouse commits adultery then this act of marital misconduct be used as overwhelming evidence in any type of […]

The Two Types of Divorce in New Jersey

1. What is an uncontested divorce? An uncontested divorce occurs about when the divorcing couple agree to all of the key issues in their divorce. The parties agree to all terms and they reduce their agreement to writing in a contract called a property settlement agreement (PSA). Thereafter, the parties have to go to court […]

Determining Alimony in Mid-Length Marriages

1. How is alimony determined in a mid-length marriage? There are four different types of alimony; permanent alimony, rehabilitative alimony, reimbursement alimony, and limited duration alimony. The specifics of each type of exhaustively discussed in my other articles on this website. A key issue in many divorces of mid-length marriages is whether a dependent spouse […]

Dissipation of Marital Asset(s) Claims

1. What is a dissipation of marital assets claim? In many divorces the parties simply go berserk. It is very common that one spouse may hide and/or spend down marital assets in the anticipation of a nasty divorce. The typical allegations of dissipation include bad business decisions, spending marital monies to support a spouse’s extended […]

Conditional Gifts

1. Is the engagement ring part of equitable distribution? No, an engagement ring is always considered to be a conditional gift. The marriage is the condition of the gift. See, Aronow v. Silver, 233 N.J. Super 344, 347 (Ch. Div. 1987). Thus, in a divorce the wife gets to keep the engagement ring. If an […]

Extra Child Support for a Special Needs Child

1. Is a special needs child legally entitled to receive extra child support? The child support guidelines simply don’t satisfy the needs of a special needs child. The child support guidelines don’t take into account the many extraordinary expenses that a special needs child always requires. These extra costs include specialized therapy, equipment, medications, special […]

Premarital Assets are not Always Excluded from Equitable Distribution

1. I am terrified at the prospect of getting married. I have saved a nice nest egg for the past ten years, and I don’t want to lose it if I should get divorced. Are there any types of circumstances when premarital assets are not excluded from equitable distribution? The black letter rule is that […]

Amending Domestic Violence Complaints

1. My wife has filed a D.V. case against me solely with the purpose to try to get me removed from the marital home. She is alleging that I slapped her in the face. However, at the trial I anticipate that she will also try raise other allegations of domestic violence that are not even […]
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