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West Caldwell Family Law Blog

Non-biological father fighting for child custody of infant

A man in another state had been eagerly awaiting the birth of his child. However, during what should have been a very happy time for him, his wife gave him devastating news -- she informed him that he was not the baby's biological father. Situations like this have occurred in New Jersey, where child custody battles ensue involving estrange parents or parents whose paternity is questioned.

The non-biological father also happens to be a member of the U.S. military who is currently stationed abroad. He and his wife are estranged. She has been charged with conspiracy to commit fraud because after giving birth to the child, she reportedly told her estranged husband's sister the baby had died.  

Complications may arise in a second, or subsequent, divorce

There's a way of predicting which marriages will last a lifetime and which will end prematurely. In New jersey or another state, a spouse filing for divorce more than once may face more challenges than someone entering the process for the first time. Actress Geena Davis may agree as her fourth husband (of 17 years) recently took steps to end their marriage. 

Repeat divorces often include blended family situations, complication financial matters and other issues that may require skilled negotiation and legal assistance to resolve in an amicable fashion. In Davis's case, her husband has requested spousal support and has asked the court to deny any similar request Davis might make at some point. The two have three children together, 13-year-old twins and another child who is 16.  

7 incredible benefits of divorce mediation

You and your spouse have decided to split up after several years of marriage. You have kids together. Professionally, you have been very successful over the years.

In fact, that success is part of the reason for the divorce. You never really argued or even strongly disagreed with each other. You simply got busy. You both work long hours. Your companies come first. Finally, you both agreed to split up to focus on your careers. 

Divorce mediation: Should you give it a try?

When a New Jersey spouse decides to file for divorce, he or she typically has several options available. If there are children involved, that adds a whole other dynamic to the situation as well. For those who want to settle things as painlessly and swiftly as possible, divorce mediation may be the way to go. 

This process is definitely not for everyone, however. If spouses are no longer able to get along well enough to have a civil discussion, then mediation is not likely a viable option for them. This form of alternative dispute resolution works best when both spouses are willing to meet on peaceful terms and discuss all divorce-related issues with the goal of achieving a fair settlement. Where children are concerned, parents promise to keep their best interests a central focus of mediation negotiations.  

Signs divorce is about to happen

In New Jersey and across the country, no two marriages are exactly the same. It's often difficult to say for sure what makes one marriage last a lifetime while another does not survive. But some people say it is possible to tell if a spouse is thinking about filing for divorce. 

A blogger who often writes about divorce topics claims there are usually signs that a spouse is ready to call it quits. A major sign is that one partner stops communicating with the other. It is different from "the silent treatment" that one spouse may resort to during an argument. In this case, the spouse thinking about divorce simply quits arguing or interacting with the other spouse.

How could domestic violence impact your New Jersey divorce?

There are many reasons that people leave a marriage. Many times, issues like infidelity or growing apart over the years are the root cause. However, domestic abuse remains a common reason for people to end their marriages. Domestic violence knows no economic status, age, race, religion or sexual orientation. People from all kinds of backgrounds can find themselves the victims of abuse and mistreatment by intimate partners.

If you are in the planning stages of escaping a marriage marred by domestic violence, it's normal to worry about divorce. This is particularly true when there are minor children involved. You may worry about your abuser attempting to gain sole custody as a means of punishing you. Concerns about what will happen to the children during and after the divorce could keep you from filing. Informing yourself about how New Jersey handles domestic abuse in a divorce can help you plan your way forward.

Shifting roles may increase likelihood of divorce

Most couples in New Jersey and elsewhere assume their marriages will last a lifetime. Some analysts say certain markers signify a greater chance of divorce. If a particular couple begins their married life in a traditional setting, then shifts roles at some point, the bond they once shared may take a big hit.  

When one spouse is the sole breadwinner in a family and the other stays at home full time, it's understandable that both spouses get used to the routine. If the stay-at-home spouse decides to pursue a career and winds up earning as much as, or more than, the spouse who has been working outside home all along, it may cause turbulence in their relationship. If that spouse is no longer available (or willing) to take care of at-home tasks, and the spouse who has been working throughout the marriage can't (or won't) step in to help, things may go awry in the marriage.  

Former Mayor Giuliani facing divorce issues, again

No two marriages are exactly the same; therefore, neither are any two divorces. Navigating the divorce process even once can be quite challenging, as many New Jersey residents can attest. For people like former Mayor Rudy Giuliani, multiple divorces can raise some complicated issues, which is why it is always best to have experienced legal counsel on hand to help address any potential problems.  

Giuliani's third wife of 15 years has reportedly filed for divorce, stating that she expects there to be certain property division problems between her and her soon-to-be ex-husband. Like many married couples in this state, the Giulianis own several properties together. The 73-year-old former mayor of New York City said he hopes to settle his current divorce as amicably as possible and also to protect his family's privacy as the process unfolds.  

Complicated child custody situation crosses borders

A 34-year-old expectant mother was reportedly ecstatic to win a visa lottery, allowing her to legally enter the United States. The woman's cousin says it was her dream to build a life here for her children. Sadly, soon after her arrival in the U.S., the woman died during childbirth. The situation has developed into a child custody problem that has crossed international borders. New Jersey residents facing similar problems may want to follow this case. 

The infant's father is a Cuban citizen who still resides in his homeland although the now-deceased mother of his child was reportedly going through a process to secure his entrance to the U.S. so that they could raise their family here. The decedent's cousin was given temporary custody of the newborn child. She has adamantly stated that her cousin had expressed her desire for her baby to raised in the United States. 

Collaborative Law: Divorce outside a New Jersey courtroom

Do you know it's possible to get divorced without ever stepping inside a New Jersey courtroom? If that sounds like music to your ears, you may want to research the collaborative law process. It's essentially a means of legal negotiation between spouses who agree to resolve all divorce-related issues without litigation.  

To enter the collaborative process, you and your soon-to-be former spouse must sign an agreement. This contract states all terms by which both parties must agree to adhere. Each spouse must retain separate legal representation, and all financial issues, property matters and personal topics, such as child custody and visitation, will be disclosed and discussed during collaborative meetings. Full disclosure is especially necessary concerning assets and liabilities. 

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

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Toll Free: 800-646-0731
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