Financial/property issues:
- How is it determined which of our property is marital and which is separate?
Matawan, New Jersey family lawyer, Charles F. Vuotto answers: "As with most divorce-related questions, the starting point for any legal inquiry is the applicable statute. In this case, the statute is N.J.S.A. 2A:34-23(h), which reads that "in all actions..."
- What are the most common financial mistakes in a divorce?
Matawan, New Jersey family lawyer, Charles F. Vuotto answers: "The following represent the ten most common financial mistakes that people make as they proceed in a divorce action. One of the most time consuming..."
- "My husband and I have been living together during our separation because we cannot sell our house nor afford two properties. How can we make our situation better?"
Denville, NJ family law attorney Patricia Barbarito answers: "The situation you find yourself in -- living together during separation -- is a common one in this economic climate..."
- "I'm worried that this divorce is going to ruin me financially. Do you have any tips to prevent this?"
Woodbridge, NJ divorce attorney Albertina Webb answers: "Divorce can be devastating -- whether you initiated the filing of the divorce papers or are on the receiving end..."
- "How is it determined which of our property is marital and which is separate?"
Woodbridge, New Jersey divorce lawyer Charles Vuotto answers: "As with most divorce-related questions, the starting point is the applicable statute..."
- "I want to keep the house, but I’m afraid I won’t be able to afford it over the long term. How can I make a rational decision about our home?"
Hackensack, New Jersey CDFA John Cito answers: "When the decision to keep the home is clouded by emotions, the result can be a disaster..."
- "How can I keep my legal bills under control?"
Summit, New Jersey divorce attorney Lizanne Ceconi answers: "As the client, you should be part of the team putting together your case..."
- "I'm a business owner going through a divorce and I've been told that I need to be concerned about 'double dipping'; could you please explain what this is and how it might affect me?"
Princeton, New Jersey CPA Noel Capuano answers: "When contemplating divorce, there are many complex issues to become familiar with..."
- "How can I be sure I’m getting the best possible settlement?"
Red Bank, New Jersey family lawyer Peter Paras answers: "You are entitled to obtain the information you and your divorce lawyer need to make informed decisions..."
- "Do I really need to use a financial advisor?"
Hackensack, New Jersey CDFA John Cito answers: "Using a financial advisor helps ensure a fair and equitable divorce settlement..."
- "I want a divorce, but I don't think I can afford it. What should I do?"
Woodbridge, New Jersey family-law attorney Jeffrey Epstein answers: "Many people who want to terminate their marriages are intimidated by high legal fees..."
- "How much will my divorce cost?"
NJ divorce lawyer David Wildstein answers: "The extent of the assets, the complexity of the issues, and cooperation of the parties are significant factors..."
- "I am not certain that my divorce lawyer has a good handle on the financial aspects of my divorce; I'm not convinced I'm getting my fair share. What should I do?"
Red Bank, NJ CPA and lawyer Laurence Thoma answers: "Many good divorce attorneys may not be trained to assess the true income from certain properties or businesses..."
- "Are alimony and child support taxable? If so, is there any way of structuring support payments to my ex to lower my taxes?"
Red Bank, New Jersey CPA and attorney Laurence Thoma answers: "In most matrimonial cases involving minor children and when the spouses earn unequal income..."
- "My career was raising the kids. My divorce attorney mentioned I would be entitled to Social Security benefits via my soon-to-be-ex-husband's record. How does this work?"
New Jersey CPA Henry Guberman answers: "There are two basic scenarios by which you can collect benefits using your husband's record..."
- "Is it better to give or receive one large lump-sum payment up-front or monthly spousal-support payments?"
NJ CPA Henry Guberman answers: "Here are some pros and cons to consider, from the perspective of the person who would be paying..."
- "Can a New Jersey court make a parent to carry life insurance for the benefit of a child?"
Southern New Jersey divorce lawyer Joseph Weinberg answers: "The obligation to support a child is more multi-faceted then just a paying a set sum each week..."
- "If you are getting divorced and trying to refinance your home in your name alone, what are a few tips to consider?"
New Jersey Divorce Lending Specialist Len Rossine answers: "First, before anything else, shop for expertise in a divorce lending mortgage banker..."
- "Given the current mortgage crisis, what should a divorcing person know about how to get the best mortgage deals?"
New Jersey Divorce Lending Specialist Len Rossine answers: "The current mortgage market places the divorcing person in a position which requires factual discovery of..."
- "Are there any particular programs available for someone who is getting divorced and refinancing their home?"
New Jersey Divorce Lending Specialist Len Rossine answers: "Spend your time seeking out the skill and expertise necessary to help you strategize, qualify, and..."
Legal issues:
- "I've heard that women always do worse in mediation than in the traditional process (each side hiring a lawyer). How can I be sure I won't get ripped off?"
South New Jersey family lawyer and mediator, Gary Borger answers: "It cannot generally be said generally that women do worse in mediation than they do in the traditional adversary system involving negotiations..."
- Is it possible for a mediator to be completely neutral?"
South New Jersey family lawyer and mediator, Gary Borger answers: "A mediator MUST be 'completely neutral.' That is part of the definition of a mediator. Part of a mediator's training..."
- "My partner and I have two children but were never married. How is custody and child support decided when dealing with children of unmarried wed parents?"
South New Jersey family lawyer and mediator, Gary Borger answers: "Custody and child support are not determined any differently between unmarried parents who never wed than it is between married/divorcing parents..."
- "My ex-wife has recently married a very wealthy man. Can I now stop making child support payments?"
South New Jersey family lawyer and mediator, Gary Borger answers: "The answer is "no." A person may not stop paying child support (or alimony) unless there is consent or the court enters and order allowing..."
- "I need to discuss certain aspects of my case. Can I call my spouse's lawyer if mine is out of town?"
South New Jersey family lawyer and mediator, Gary Borger answers: "The simple answer is "no." An attorney is ethically prohibited from speaking with a person who is represented by an attorney..."
- "What is the difference between a contested divorce and an uncontested divorce?"
South New Jersey family lawyer and mediator, Gary Borger answers: "From the perspective of attorneys, judges, and the court system, an uncontested divorce..."
- My ex-spouse exercises visitation with my kids, but I want to move with them to another state. Can I go?
Matawan, New Jersey family lawyer, Charles F. Vuotto answers: "It depends. The Supreme Court of our State has established that a custodial parent who seeks removal of a child outside of the state of New Jersey..."
- "How do I ask my spouse for a divorce?"

Morristown, New Jersey divorce attorney Alison Leslie answers: "In telling your spouse that you are contemplating a divorce, you must be very delicate in your approach..."
- "Do I need a lawyer to get a divorce?"

Morristown, New Jersey family lawyer Alison Leslie answers: "You need someone who can give you the adequate legal advice that is pertinent to your specific case..."
- "Why should I use an attorney before mediation?"

Morristown, New Jersey family-law attorney Alison Leslie answers: "Divorce mediation is a wonderful tool to reach a workable solution between you and your spouse..."
- "I built my business with no support from my spouse. Is he still entitled to a share of it?"

Morristown, NJ divorce lawyer Alison Leslie answers: "You must look at several factors under the equitable-distribution statutes, such as..."
- "I am currently in a domestic partnership. Should I enter into a civil union?"

Morristown, NJ divorce attorney Alison Leslie answers: "New Jersey divorce law makes a distinction between the rights of a domestic partner and of a partner in a civil union..."
- "What can you suggest to your clients to help them through the divorce process?"

Morristown, NJ family lawyer Alison Leslie answers: "While a divorce attorney is a professional from whom you need to seek help, they can only give legal advice..."
- My husband is unemployed and says he can't pay the child and/or spousal support he owes me. Is there anything I can do?"
Hackensack, New Jersey family law attorney Madeline Marzano-Lesnevich answers: "Your husband's assertion of an inability to meet his court-ordered support obligations..."
- "Under what circumstances can I annul my marriage, rather than get a divorce?"
Woodbridge, New Jersey divorce attorney Cheryl Connors answers: "A marriage may be either void from its inception or subsequently declared void..."
- "I'm thinking of filing for divorce. Do you have any initial advice?"
Fair Lawn, New Jersey family law attorney John Finnerty answers: "The ten things you should know before filing for divorce..."
- "My ex-wife has custody of our children, and she wants to move across the country with them. What can I do about it?"
Morristown, New Jersey divorce attorney Kimberly Gronau answers: "Relocation is a fairly common issue in divorce litigation..."
- "I feel I should be reimbursed if I helped pay for my spouse's education."
Morristown, New Jersey divorce lawyer Alison Leslie answers: "You are not alone. I commonly have clients who complain about this very fact..."
- "My spouse has had several affairs; it's one of the reasons we split up. Can I use this against him in the divorce proceedings?"
Woodbridge, New Jersey divorce lawyer Cheryl Connors answers: "Adultery will have little influence on the terms of a divorce in New Jersey, except in limited circumstances..."
- "How can I minimize the financial and emotional pain of divorce?"
New Jersey divorce attorney David Wildstein answers: "A divorce proceeding can be emotionally and financially draining to both parties...."
- "My husband knows my computer passwords and I suspect that he may have gone through my electronic files. I'm worried about what he may have read. Is this kind of spying a crime?"
New Jersey family-law attorney Mark Gruber answers: "The first reported case on spying on one’s spouse can be found in the court of Chancery of New Jersey in 1884..."
- "I want to take a kinder, gentler way of resolving our divorce. My spouse seems bent on her day in court. What can I do?"
Morristown, NJ family-law attorney Alison Leslie answers: "Unfortunately, emotions run high during a divorce. It is an extremely emotional time for both spouses..."
- "What are my chances of getting custody of our children, or at least being able to see them half the time?"
Red Bank, New Jersey divorce lawyer Peter Paras answers: "Children are not property. Therefore, it is not your or your spouse's rights that are most important..."
- "Can I get a divorce without a lawyer?"
Millburn, NJ divorce lawyer-mediator Douglas Schoenberg answers: "The courts in New Jersey are open to the public; anyone can file their own papers for divorce..."
- "If you live in a common-law marriage, are you entitled to the same support and property division as if you were legally married?"
Morristown, NJ divorce attorney William Laufer answers: "The principals of equitable distribution and counsel fee awards do not apply to you..."
- "What should I look for in a divorce attorney? How can I be sure that I'm getting the best possible settlement?"
New Jersey family lawyer David Wildstein answers: "Choosing the right divorce attorney is one of your most important decisions when ending your marriage..."
- "What if I don't agree with my divorce lawyer's tactics and strategies? Can I get a second legal opinion without firing my family lawyer?"
New Jersey family-law attorney David Wildstein answers: "It's not uncommon for a client to feel some anxiety about the advice his or her divorce attorney is giving..."
- "How soon will I be divorced? How can I shorten the divorce process?"
NJ divorce lawyer David Wildstein answers: "Many factors affect the length of time it takes for a divorce to become final..."
- "On what basis may a divorce be granted? Does fault make a difference in detemining the outcome?"
NJ divorce attorney David Wildstein answers: "New Jersey family law provides the following grounds for divorce..."
- "Should I tell my divorce lawyer the whole truth? There are things I would like to keep to myself."
Morris County, New Jersey divorce lawyer Patricia Barbarito answers: "The divorce process is replete with the exposure of so much information that often a litigant feels vulnerable..."
- "Is it true that going to court is the only way to ensure you'll get your fair share?"
Fair Lawn, New Jersey divorce attorney John Finnerty answers: "Litigants who are entering the divorce process should understand the dynamics of the system..."
- "If a divorce involves complex issues, can you still use a mediator?"
Millburn, NJ divorce attorney-mediator Douglas Schoenberg answers: "There is no substitute for self-determination -- for you deciding how to resolve your divorce..."
- "If both divorce lawyers are settlement-minded, is there any point in spending more money on a mediator?"
Morristown, NJ family lawyer-mediator David Salvaggio answers: "A divorce mediator, like a divorce lawyer, charges for his or her services on an hourly-fee basis..."
- "How can I help my divorce lawyer to work with my mediator?"
Millburn, NJ family-law attorney and mediator Douglas Schoenberg answers: "Your divorce attorney's involvement in your mediation and how to influence it is a complex issue..."
- "How does the court determine child custody?"
New Jersey family lawyer David Wildstein answers: "To make its determination of child custody and visitation, the court hears testimony from both parties..."
- "What are the Child Support Guidelines?"
New Jersey family-law attorney David Wildstein answers: "The court has adopted guidelines intended to provide guidance about what it actually costs to raise children..."
- "What is equitable distribution?"
New Jersey divorce lawyer David Wildstein answers: "The court has the discretion to divide the assets in any manner that it determines is fair..."
- "May I leave the marital home? Can I make my spouse leave the marital home?"
New Jersey divorce attorney David Wildstein answers: "You should speak with your divorce attorney before making this or any other major change in your circumstances..."
- "Can you modify a prenuptial, post-nuptial, or divorce agreement?"
NJ family lawyer David Wildstein answers: "In determining the fairness of a marital or divorce agreement, the court will consider the following factors..."
- "Can I make modifications to my Divorce Decree? My circumstances have changed, and I'm going to need more support."
NJ family-law attorney David Wildstein answers: "You have to demonstrate that circumstances prevent you from living at the standard at which you were accustomed..."
- "I want to change my name back to my maiden name. How do I do this?"
Woodbridge, NJ divorce lawyer Risa Kleiner answers: "In New Jersey, you may assume any surname as long as you are not doing so for any fraudulent purpose..."
- "Is it true that you are automatically entitled to receive alimony for a percentage of the number of years you were married?"
Morris County, New Jersey divorce attorney Patricia Barbarito answers: "Too often, clients are convinced that the advice they get from a friend or relative is 'the law'..."
- "My ex-wife and our two kids have moved in with her boyfriend. Do I still have to pay alimony and child support?"
Red Bank, New Jersey family lawyer Bonnie Reiss answers: "The bottom line is that it's not wise to just stop paying. You will need to file a motion..."
- "Every month, my ex-husband is late with the child support. Should I withhold visitation from him until he smartens up?"
Millburn, NJ family lawyer-mediator Douglas Schoenberg answers: "This problem typically occurs when communication between the parties is about to break down..."
- "Is there any legal reason why fathers should not be awarded custody of their children just as often as mothers?"
Summit, New Jersey divorce lawyer Lizanne Ceconi answers: "Custody of children is one of the most difficult issues facing litigants and divorce attorneys..."
- "Can I leave the marital home? Can I make my spouse leave the marital home?"
Denville, NJ family lawyer Linda Mainenti-Walsh answers: "The person who leaves the marital home often finds him/herself in a disadvantaged position..."
- "My ex-wife and our two kids have moved in with her boyfriend. Do I still need to pay alimony and child support?"
Morristown, New Jersey divorce attorney Edward O'Donnell answers: "Your ex-wife’s significant other has no legal obligation whatsoever to provide support for your children..."
- "Can a New Jersey court make a parent to carry life insurance for the benefit of a child?"
Southern New Jersey divorce attorney Joseph Weinberg answers: "The determination is fact-sensitive and must take into consideration the financial circumstances..."
- "I now live in California but I married in New Jersey. Can I file for divorce in California?"
Southern New Jersey family lawyer Joseph Weinberg answers: "Before you can file for divorce in any state you must meet that state’s residency requirements..."
- "Is it all right to date or have a sexual relationship with my divorce lawyer?"
Family lawyer and mediator Robert Burg answers: "In divorce law, there is something called 'the appearance of impropriety'..."
Mediation issues:
Emotional issues:
WebCast - Videos on Divorce:
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