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Did you know that you can now file for Divorce based on Irreconcilable Differences? On January 20th, 2007 legislation was enacted which will enable New Jersey residents to obtain a divorce based upon six months of irreconcilable differences which have caused a "breakdown" of the marriage. The significance of this new law is that neither party need allege marital fault against their spouse or await the expiration of eighteen months separation.
Did you know that you may be able to receive a divorce by mail? A number of New Jersey counties have a pilot program allowing busy parties to obtain a divorce without ever having to appear in Court. Only certain cases qualify for Divorce-by-Mail. We will discuss in your initial interview whether your case meets the requirements for Divorce-by-Mail.
Did you know that mediation is not always less expensive? It is a common assumption that mediation will be less costly. It is advisable to consult with an attorney regarding potential costs of litigation before choosing mediation as a cost saving measure. Most mediated cases require that an attorney be retained at a later date to process the settled case. Many times hiring an attorney at the outset can provide the most cost efficient approach. In your initial consultation, you will receive advice regarding whether your case can benefit by mediation.
Did you know that relocating children out of state is not as difficult as many people think? While a Court Order or permission of the other parent is required to relocate out of the State of New Jersey with a child, it is not as difficult as many people believe to obtain an order allowing the move. The standards the Courts follow are contained in Baures v. Lewis, 167 N.J. 91 (2001) and include a showing by the party seeking to move that (1) there is a good faith reason for the move; and (2) that the move will not be harmful to the child’s interest. The non-custodial parent must produce evidence opposing the move as either not in good faith or harmful to the child’s interest.
Did you know that New Jersey is not a Community Property state? New Jersey divides property through Equitable Distribution. Many factors come into play with determining fair division of assets. The division is not necessarily 50/50.
Did you know that a Judge may order your spouse to reimburse you for your legal fees? This may occur in certain situations and we will review the criteria as part of your Initial Client Interview.
Did you know that there is no “legal separation” in New Jersey? Couples who are separated are not required to file their date of separation with the Court. Parties are free to enter into Separation Agreements. New Jersey does have Divorce from Bed and Board which allows for parties to maintain rights to insurance benefits while protecting them from financial liability caused by a spouse. It also serves to set forth all issues normally resolved through a final judgment for divorce. The spouses are still legally married and cannot remarry without filing for a formal divorce. This type of action is helpful in situations where one of the parties needs medical coverage or if the parties are morally opposed to divorce. |