It probably doesn’t eliminate litigation but it sure does significantly reduce the complexity, cost, and the duration of it. With a well thought out pre-nup, we’re able to get down to just questions about any children that might arise as a result of the marriage, we can essentially resolve everything else ahead of time. Assuming […]
Court Cases
Some high functioning alcoholics are also the major or even the only breadwinner in the family…
Some high functioning alcoholics are also the major or even the only breadwinner in the family. What advice do you have for the stay-at-home spouse who has little or no access to funds to pay for legal and other professional fees if he or she has decided on divorce?
If someone has decided to divorce his or her spouse because of an addiction…
If someone has decided to divorce his or her spouse because of an addiction but the addicted spouse wants to work on their issues and stay together, can the divorce proceed without consent from both parties?
Sometimes people stay in a marriage with an addict or mentally ill spouse because they still love the person…
Sometimes people stay in a marriage with an addict or mentally ill spouse because they still love the person or fear that the spouse may kill him or herself, either accidently or intentionally if the person leaves. What are some options to help the addicted or mentally ill spouse while minimizing the image to him or herself and/or their children?
In cases where both parents have addiction or other mental health issues, who gets custody of the children?
In New Jersey again, we start with the premise that both parents are equally entitled to have custody of the children. The court wants to know that the children are safe in the case of both of their parents. If both of their parents are impaired, the court will normally look to other means for […]
If the addicted parent is the mother and the children are afraid of her because of her erratic or confusing behavior…
If the addicted parent is the mother and the children are afraid of her because of her erratic or confusing behavior, will a New Jersey court typically grant full custody to the father?
How long does a recovery addict need to be clean or sober before a judge will consider granting unsupervised visitation…
How long does a recovery addict need to be clean or sober before a judge will consider granting unsupervised visitation or even joint custody in New Jersey?
Is supervised visitation after a divorce the norm for an addicted or mentally unstable parent?
Well, I wouldn’t say that supervised visitation is the norm. The situation does come up where parents are supervised. It is typically brought before the court as I noted before by way of an order to show cause. Someone brings the emergency before the court and says my children are in danger or I am […]
Would the situation be any different if the parent were suffering from a mental health issue?
Would the situation be any different if the parent were suffering from a mental health issue such as bi-polar disorder or schizophrenia, rather than an addiction?
If someone doesn’t believe that the children will be safe alone with their ex spouse who is a recovering addict.
If someone doesn’t believe that the children will be safe alone with their ex spouse who is a recovering addict, can that person ask a judge to deny custody or visitation requests?
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