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West Caldwell Family Law Blog

Remember these issues when negotiating a divorce settlement

New Jersey spouses may know that ending a marriage takes a lot of careful planning. Decisions and choices made during the negotiations to reach a divorce settlement will affect the post-divorce lives of both spouses and their children. When retirement plans are split, it must be noted that Social Security may only become a sure thing after age 67, so it will not suffice as a primary source of income at a younger age.

When it comes to health insurance, the court will expect a parent who has health insurance to ensure his or her children are covered. However, if neither parent has health insurance coverage, the custodial parent might be wise to ask that the insurance premium is included in the child support. College tuition and related out-of-pocket expenses are other expenses that could be factored into child support -- even if the children are still young. It might avoid having to go to court later for modifications of child support.

Collaborative law can provide long-term amicable relationship

New Jersey couples who are considering divorce have several options. They can choose to go through litigation, which is typically associated with trauma and stress; mediation, in which a third-party facilitates negotiations; or collaborative law, which requires both parties to commit to working together to resolve their issues and reach mutual agreements. The latter has become the chosen method of divorce for more and more couples.

Before collaboration can commence, both parties must sign a contract in which they state their commitment to be fair in negotiations and interactions, and to be transparent and forthcoming with financial information and all other paperwork and documentation. Those present will be only the spouses and their respective collaborative law attorneys, who will only be allowed to represent them while they can work together. Any signs of noncompliance with the signed contract will force the attorneys to recuse themselves, and different lawyers will have to be retained.

Making custody arrangements work for your family

Many different things come into the picture when you are going through a divorce. If you have children, you will have to figure out how to make parenting time and child custody matters work for your situation. This can often be accomplished through mediation.

While it might be a challenge, you and your ex will have to work together to get things taken care of. By working together in a civil manner now, you can set a positive working tone for the rest of the time you have to deal with custody.

How problems with addiction could affect child custody

Marriages can break down for any number of reasons. For some New Jersey residents, a spouse's alcohol or drug problems may prove too much to cope with, especially when children are involved. For the parent with such problems, this will have a serious impact on the issue of child custody.

If one spouse alleges that the other has an addiction, the court will not simply take his or her word for it. A judge will expect evidence of this to be produced, and may also decide to order tests to be done in order to confirm the truth. The type of tests will vary depending on whether one wishes to determine more recent or longer-term usage. Positive test results do not necessarily mean that one's relationship with his or her children will be permanently hampered.

3 reasons why mediation helps you after divorce

When you have to go through a divorce, you might feel combative or like you want to stall. Maybe you don't feel you're taken seriously or that you'll get anywhere without putting your foot down. Whatever your situation is, it doesn't help to stall your divorce.

If you're worried that your divorce is one-sided and that you'll be left with nothing, it's a good idea to try mediation to work out a settlement that you can agree with. Mediation has several benefits.

Honesty is the best policy in divorce

For some people, lies and deceit are second nature. Many New Jersey residents will have dealt with such individuals at one time or another, and an unlucky few may be married to such an individual. It may not be inevitable, but there is a very strong possibility that such a marriage will end in divorce. For one man whose marriage was in trouble, involving his brother in his deceit caused problems in his brother's marriage too.

At some point in the last few years, the man and his brother lost a member of their family who lived abroad. The terms of that person's will divided the estate equally among the surviving family. One man's marriage was in difficulty at the time, and he persuaded his brother to allow the share belonging to him to be transferred under the brother's name, in order to hide the asset from his wife in case of divorce. This created tension in the marriage of the man who accepted the funds on his brother's behalf, as his wife was concerned not only about the ethical aspect, but also the potential financial consequences.

Nicole Kidman gets Emmy for role in film about domestic violence

They say that life imitates art. However, there are times when movies or tv shows are written to shine a light on how lives are lived by ordinary people. New Jersey residents may have seen one such mini-series, starring actress Nicole Kidman, that highlighted the issue of domestic violence.

Kidman recently won an Emmy for her performance in the film Big Little Lies. In the series, her character plays a married woman who suffers domestic violence at the hands of her husband. Her husband appears to the world at large to be the perfect partner in contrast to his behavior when they are alone together. In part, the show deals with Kidman's character coming to terms with the truth of their relationship.

Does divorce mean carving up the family business?

It is usually sad when a marriage comes to an end. For many New Jersey residents facing divorce, this may signify the end of a personal relationship spanning many years. There are some couples who set up in business together, and a divorce may also mean the end of a working relationship.

If the parties are able to maintain an amicable association with each other, then it may be possible for them to continue in business together. However, this is not always feasible, and is dependent on a number of factors. In some circumstances, divorce may lead to the end of the business, which may be the least desirable outcome. However, there are a number of options that a couple may consider when deciding on the best way forward for the future.

Divorce: What's yours is mine -- or is it?

Discussions about money can bring out the worst in people. While many New Jersey residents think along the lines of "what's yours, is mine" during marriage, this does not necessarily follow when it comes to divorce. The decisions about how to divide assets or debt may be dependent on a number of things.

The first step is to make two lists. One list should be of all assets owned, both jointly and individually, and the other a list of all debts. As well as noting the values of each item, details about how and when each asset or liability was acquired are also relevant. Those assets which were brought into the marriage individually will remain with that spouse. Does it then follow that everything else is simply split down the middle?

Mediation can help you divorce now

Until local divorce courts ease the restrictions on divorce proceedings, many people worry that they may have to simply live in marriages that are dysfunctional, at best, and dangerous, at worst. It is easy to feel trapped and helpless when legal avenues for dissolving a marriage are hard to come by.

Fortunately for many couples in New Jersey, divorce is still possible through divorce mediation. In many ways, divorce mediation is a superior solution to traditionally litigated divorce, even when all options remain on the table. However, considering the current state of our courts, mediation is a measure of mercy in an otherwise difficult season.

Honored as a "Best of New Jersey Among our Most Distinguished Americans of Italian Descent" and conferred the "Stivale D'Italia Award of Excellence" by the Italian Tribune for her "honesty, integrity and dedication to fair and ethical business practices" and her "outstanding reputation as a Woman Whose Word is Her Bond".

*See methodology for inclusion at the websites listed: Super Lawyers, NAFLA, AIOFLA, and AVVO. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Contact Cipriano Law Offices, P.C.

To learn more about our Essex County divorce and family lawyers, you may email us or call 973-852-3346 to schedule an initial consultation.

Cipriano Law Offices, P.C.
175 Fairfield Avenue
Suite 4C/D
West Caldwell, NJ 07006

Toll Free: 800-646-0731
Toll Free: 800-646-0731
Phone: 973-852-3346
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