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West Caldwell Family Law Blog

Perhaps mediation can help solve asset problems

New Jersey spouses often encounter various problems regarding property division and assets in divorce. Since there's a specific legal process in place, and various laws that may affect a particular situation, there is no set solution available for resolving asset problems in divorce. Each case is unique and concerned spouses typically fare best when they seek support from experienced legal advocates who can help them determine their most viable options. Sometimes, mediation is the answer.

Mediation is definitely not for everyone but often works best in situations where spouses can communicate on peaceful terms. That's because the process generally includes multiple meetings and discussions regarding potential ways to solve asset, custody and other problems in divorce. Retirement funds, 401(k) assets and other financial issues can cause anxiety and stress; yet, willingness to amicably resolve differences and appropriate legal support can minimize stress and point the way toward an agreeable settlement.

Soften the blow of divorce for children

Divorce is seldom a process without challenge. Even though the two main parties are adults, there's typically a lot of emotional baggage being brought into the courtroom with spouses, and it's not always easy to come away free of stress or heartache. New Jersey parents who want to help their kids come to terms with divorce are wise to consider how fragile kids' emotions can be and how stressful it is to have to adapt to a whole new lifestyle, especially one that no longer includes both parents under one roof.

There are several things parents can do to proactively help their children rebound after divorce. One of the highest priorities is to make sure children understand that their parents' divorce is not their fault, and that they are loved. Parents are often quick to assume their children know they love them; yet, most kids want to hear the words spoken.

Grandparents often have visitation rights in New Jersey

Being a grandparent is a blessing for many people. You can experience the joy of watching your own children raise kids. Seeing the next generation thrive and mature is fun and exciting for many people, and it often helps people become closer with their children as they offer support in the parenting process. However, if your child ends up divorced, your ability to spend time with your grandchildren could be at risk in the future.

In a situation where your child's spouse receives full custody, you could find yourself cut off from spending time with your grandchildren. While courts do favor shared custody arrangements, any number of issues could result in your child losing parenting time or custody rights. When that happens, you may have to assert your right to continue your relationship with your grandchildren.

Divorce mediation on the card for WWE star, Bray Wyatt

When a New Jersey married couple decides to divorce, they must agree upon which process they want to use. In highly combative situations, it's sometimes not possible for spouses to resolve important issues, such as child custody, spousal or child support-related matters. In such circumstances, litigation is often necessary. Spouses who want very much to keep their divorces out of court may choose mediation or another form of alternative dispute resolution.

Wrestling superstar, Bray Wyatt, and his soon-to-be former wife, Samantha Rotunda, reportedly attended a mediation session together recently. This meeting came after rumors surfaced regarding discord between the two spouses. Rotunda is said to have claimed that Wyatt has failed to make good on child support and spousal support payments he agreed to pay.

Mother says child custody laws biased against disabled parents

There are many New Jersey parents who suffer from temporary or permanent disabilities. Each situation is unique and the severity of any disability varies according to individual circumstances. A woman in another state is lobbying for changes in child custody laws that she believes are biased against disabled parents.

There are already employment laws in existence that protect workers from discrimination on the job. There are similar laws of protection in place regarding education, housing and public service industries. The woman who recently spoke in support of newly proposed legislation argues that the government needs to enact laws to offer similar protection for the parental rights of those who are disabled.

5-year child custody battle may finally be coming to a close

Many New Jersey parents face disagreements with former spouses or others regarding child-related matters. When the central focus is child custody, serious problems can arise, especially if someone relocates a child without going through appropriate channels of approval. One dad has been fighting for five years to get his son back, and just recently the tides seem to have turned in his favor.

The FBI got involved in this case. The man's son traveled to Brazil with his mother for a family wedding. The boy's father accused his former in-laws of assisting her in keeping the child in Brazil instead of returning him to the United States.

Will an affair affect New Jersey asset division or alimony?

Deciding to get a divorce is often a difficult decision. Two times when that may not be true, however, is when there is abuse or infidelity in the marriage. If your spouse has cheated on you, whether it was a one-time issue or an ongoing affair, that can make it easier for you to decide to divorce. After all, not only is infidelity a breach of your trust, it can also endanger your health by potentially exposing you to sexually-transmitted diseases or infections.

If you're planning to file for a divorce because your spouse has cheated, it's only natural to wonder if that affair will impact the outcome of your divorce. You may think that since cheating involves lying and a breach of trust, that it may impact the custody of your children.

Does parenting time have to be equally divided in divorce?

Divorce is challenging enough for couples who do not have children. It may be more so for parents. There are typically many issues that must be resolved, one of which is parenting time. New Jersey family courts generally believes children should have as much time with each parent as possible, but that doesn't always mean the time must be split equally.

If children reside with one parent full time, it's logical to assume they will spend more time with that parent than the other. Also, not all former spouses live a stone's throw apart. This type of situation requires careful negotiation to ensure that kids have an opportunity to spend plenty of time with the parent who lives outside their immediate location.

When to consider Mediation and when to duke it out in court

While many couples can go to mediation and work through their issues instead of litigating their divorces, there are other times when mediation may not be the best solution. How do you know the difference? Fortunately, there are ways to tell.

In every case, it's advisable to speak with your attorney first about negotiating with the other party. Once you know what you want, you can commence negotiations If the other party doesn't respond, then you may have no choice but to go to arbitration or trial and have a judge determine the outcome of your divorce. That's just one circumstance where mediation might not work.

Collaborative law may help avoid litigated divorces

Many New Jersey couples will file for divorce this year. No two situations are identical, so there's no way to predict which marriage will last and which will end. Where children are concerned, however, many parents facing divorce proceedings face some things in common. For instance, most want what is best for their kids, and may be willing to try alternate means of dispute resolution, such as collaborative law, in order to focus on their children's best interests.

Typically, both the collaborative and mediated divorce proceedings involve attorneys assisting spouses to achieve fair settlements without resorting to litigation. That's not to say divorces that start out in mediation or collaborative law never wind up in court; they sometimes do. However, those entering these processes usually do so because they want to avoid costly and time-consuming courtroom battles.

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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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