Cipriano Law Offices, P.C.Cipriano Law Offices, P.C.2026-07-18T19:38:50Zhttps://www.ciprianolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1102956/2023/01/cropped-favicon-cipriano-512-32x32.jpgOn Behalf of Cipriano Law Offices, P.C.<![CDATA[Can you deny custody if your ex won’t pay support?]]>https://www.ciprianolaw.com/?p=555722026-07-18T19:38:50Z2026-07-18T19:38:50Zdeny them their custody rights. They still have a right to see the child.
Are there any reasons to deny custody?
You can typically only deny custody if there is a risk to the child. For instance, maybe there are concerns about parental abduction, so you do not believe that the other parent should be alone with the child.
Another example could be if your ex struggles with drug or alcohol use. Perhaps they show up to pick the child up in accordance with the custody schedule, but they are intoxicated. You do not think it would be safe for them to be responsible for the child, and you certainly do not want your child to get into a car with them. In a situation like that, you may be within your rights to deny the custody exchange.
Generally, child support issues do not justify violating a custody order. Instead, you should understand the legal options for enforcing support. An experienced attorney can help you take the right steps.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[What happens to your marital debts during divorce?]]>https://www.ciprianolaw.com/?p=555692026-07-14T14:48:10Z2026-07-15T14:40:48ZAfter couples get married, they often take on significant amounts of shared debt. They may co-sign on a car loan together, for example, or open a shared credit card account.
During divorce, these marital debts often have to be divided just like marital assets. Both people on a joint credit card account are responsible for that debt, for example. Some people will be proactive about this by paying off the debt during the divorce, closing the account and opening a new account in just their own name. But with significant amounts of debt, couples may also have to divide it during property division.
When things get complicated
That said, the status of a certain debt can sometimes become complex. Say that someone took out an individual loan during their marriage. Does that count as a marital debt that is owed by both spouses, or is it a separate debt in just one person's name?Often, when debts come from before the marriage, they do still qualify as separate debts and do not have to be divided.For example, perhaps someone took out student loans to go to college, where they met their spouse. They are still paying those loans back during the marriage, but they are likely a separate debt that only they are responsible for after a divorce. On the other hand, if someone went back to school while they were already married, and the couple took out student loans together, those could be a marital debt that needs to be divided, even though only one person attended classes.Naturally, these complexities can lead to disputes during divorce cases, and it is important for couples to know exactly what legal steps to take.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[What is the reason for refinancing a mortgage after divorce?]]>https://www.ciprianolaw.com/?p=555682026-07-14T14:44:40Z2026-07-14T14:44:40ZOne common issue couples face during a divorce is who gets to keep the house. Some couples will just sell their house and split the proceeds, naturally, but in other cases, one person wants to take over as the sole owner and keep the house.
When they do this, there is no legal requirement to refinance the mortgage. Technically, two people could remain on the same mortgage together, even though they are divorced. The mortgage lender is not worried about their marital status.But in many cases, couples do decide that the person who keeps the house needs to refinance because that removes the other person's liability.
Missing future payments
From a financial perspective, the issue is that a former spouse who is still on the mortgage paperwork could theoretically be responsible for those payments. If their ex began to miss monthly mortgage payments five years after the divorce was finalized, for example, the lender could still contact that person to request payment. They are still responsible, and it could still have an impact on their credit score.As such, even if their ex promises to make all the payments, that person may say that a refinance is necessary. They want to be unequivocally removed from the documentation so that it is clear they do not own the property and have no responsibility to make any mortgage payments in the future.This helps demonstrate how complicated it can be to divide certain assets, even if things initially seem straightforward. During a divorce, it is imperative that couples understand all of their legal rights and the options at their disposal.
]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[New Jersey’s modified law aims to better protect child safety]]>https://www.ciprianolaw.com/?p=555662026-07-13T23:53:54Z2026-07-13T23:53:54ZThe rebuttable presumption
The amended law includes a “rebuttable presumption” that awarding child custody or visitations rights in favor of a parent is not in best interests of a child if:
Either a child or a parent reasonably believes they’re in “imminent danger” of abuse, neglect or violence or
There is evidence of an “alleged incident of domestic violence, sexual assault, sexual contact, or endangering the welfare of a child, caused by that parent….”
A parent is responsible for rebutting a presumption that it’s not in their child’s best interests to have custody or visitation rights by providing convincing evidence that they don’t pose a risk.
Considering the effects of emotional abuse and “coercive control”
Further, the amended law includes “coercive control” in the list of behaviors that constitute domestic violence. Coercive control is defined as a “pattern of threatening, humiliating, or intimidating actions …which are used to harm, punish, or frighten a person protected under this act” and make them feel dependent by “isolating, exploiting, or regulating the protected person.”
The changes to the law require the court to consider “whether the child has expressed or exhibited behavior that suggests that the child fears for his or her safety or well-being while being in the care of the other parent.”
These cases are often contentious
Certainly, it’s best when parents can agree on a custody and visitation arrangement that is in their child’s best interests. However, if a parent is concerned for their child’s safety and well-being while in the care of the other parent, they have a responsibility to their child to bring that to the court’s attention. Meanwhile, any parent who has been accused of wrongdoing has the right to present their case.
Many child custody cases can be extremely difficult for everyone involved. Whichever side a parent finds themselves on, having experienced legal guidance is critical given all that is at stake.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[3 reasons business owners often opt for divorce mediation]]>https://www.ciprianolaw.com/?p=555612026-07-01T15:07:51Z2026-07-01T15:07:51Z1. Control over the process
When spouses litigate the details of the divorce, a judge decides what is fair when dividing property and making determinations about financial support. The terms that they set may not work well for business owners and may fail to account for the unique challenges they face while running their company. Mediation gives spouses total control over the outcome, allowing them to set terms that are effective and appropriate.
2. A confidential setting
When spouses litigate divorce disagreements, they are subject to formal discovery proceedings. They must make thorough disclosures of their assets and debts. Business owners often want to keep their finances private. Settling economic issues in mediation ensures that spouses can openly discuss financial matters in a confidential setting without their disclosures becoming public record.
3. Reduced stress levels
Trying to manage the challenges of divorce while simultaneously running a company can overwhelm even the most devoted business leader. Mediation contains divorce conflict to schedule sessions, allowing people to reduce conflict levels and stress.
Business owners preparing for divorce often need support to protect their financial interests and their companies. Working with a lawyer can help business owners and successful professionals choose the best divorce solutions given their unique circumstances.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[Is divorce mediation a binding process?]]>https://www.ciprianolaw.com/?p=555582026-07-01T02:21:51Z2026-07-01T02:21:51ZFinal mediation agreements are binding
The divorce mediation process is collaborative. Spouses work together with the guidance of a mediator to discuss their various disputes. They find ways to compromise so that they can preserve their privacy and retain control over the terms set for the divorce.
Spouses may need to attend multiple mediation sessions before they agree on terms. Until they have a written agreement that they have both signed, the spouses are not bound to uphold any terms set in mediation.
Either spouse can walk away if the process becomes too contentious or if the other spouse refuses to approach cogitations in good faith and make reasonable concessions. Once spouses have signed an agreement, however, they have a responsibility to uphold the terms that they set with one another.
Understanding how divorce mediation works can make it easier for spouses to make informed decisions. Committing to mediation can be beneficial in many cases, but spouses can always end the process and pursue litigation if mediation is unproductive.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[Is it time to replace your prenup with a postnup?]]>https://www.ciprianolaw.com/?p=555552026-06-29T13:00:13Z2026-06-29T13:00:13ZIf you and your spouse put a prenuptial agreement in place before you got married, you did something that more people need to do to protect their assets and financial interests should the marriage end in divorce.
It’s important to remember, however, that a prenup isn’t something you should forget about. A lot of things can change over the years, and your prenup may not cover your needs if it ever has to be used.While you can’t technically amend a prenup, you can put a postnuptial agreement in place at any time after you’re married. So how do you know if you should replace your prenup with a postnup?
What kind of things warrant getting a postnup?
Postnups aren’t just for those who are considering divorce and want to work out some terms ahead of that process. It’s smart to consider a postnup (whether you currently have a prenup or not) in any of the following situations if they aren’t considered in the prenup:
One spouse now significantly outearns the other.
One spouse has become a stay-at-home parent or caregiver for a family member.
One spouse has developed a chronic illness or disability that limits their ability to work.
One spouse has accrued a large amount of debt (for example, through gambling or overspending).
One or both spouses have received (or anticipate) a large inheritance.
One or both spouses have started their own business.
It’s smart to review your prenup (and postnup, if you put one in place) every now and then to make sure it still reflects your wishes and interests regarding things like property division and spousal support. Child custody and support matters typically cannot be addressed in a prenup or postnup.As noted, a current postnup can also help things go more quickly and smoothly if you decide to end the marriage. As with a prenup, it’s crucial for each spouse to have their own legal representation to protect their rights and interests.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[The importance of lifestyle analysis and forensic accounting]]>https://www.ciprianolaw.com/?p=555532026-06-28T19:58:34Z2026-06-28T19:58:34ZWhy a financial review is necessary
During equitable distribution, fairness matters more than an even split. Spouses concerned that they might receive less than their fair share of the marital estate due to financial misrepresentation may need to conduct a forensic analysis of household financial records.
A forensic accountant can track income and assets. They can trace the use of marital money and validate the origins of different assets. They may be able to identify undervalued assets, locate hidden income and highlight discrepancies in financial records. A lifestyle analysis expands on that initial review.
A lifestyle analysis is a specific part of the forensic accounting process. The goal is to review the income earned throughout the marriage, the routine expenses incurred by the spouses and their spending habits. This process helps estimate the overall marital standard of living by reviewing both the routine, normal expenses incurred by the spouses, as well as any unusual or hidden expenses that may represent efforts to hide assets or game the financial process necessary in a high-asset divorce.
Those with the right financial assistance can put themselves in the best possible position during financial negotiations or litigation. Navigating a high-asset divorce is easier when spouses have experienced legal representation and guidance from those familiar with forensic financial reviews and the importance of lifestyle analysis.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[Three tips to help children succeed after their parents divorce]]>https://www.ciprianolaw.com/?p=555512026-07-02T13:56:28Z2026-06-24T20:02:58Z of the biggest concerns when parents choose to end their marriage is how the divorce will affect their children. While every family situation is different, research and real-world experience show that children tend to do best when they have stability, predictable routines and parents who remain committed to respectful co-parenting. The legal process matters, and can set parents and children up for more successful day-to-day interactions. The following tips can help you get started.
#1: Put together an age appropriate plan
A parenting plan is more than a schedule. It is a roadmap that helps children know what to expect and helps parents reduce conflict by clarifying responsibilities. The most effective plans tend to reflect a child’s developmental stage, school demands and emotional needs.Before you finalize a plan, consider the following age-based factors.
Young children often need frequent contact with both parents and consistent bedtime and meal routines
School-age children benefit from stable school-week structure and clear expectations for homework and activities
Teenagers may need more flexibility, input on scheduling and support for social and academic commitments
After you identify these needs, build a plan that is specific enough to prevent misunderstandings but flexible enough to handle real life.
#2: Determine the best way to communicate with the other parent
Communication is often the difference between a workable co-parenting relationship and ongoing conflict. Choose a method that reduces emotion and increases clarity. Many parents find that written communication, such as email or a co-parenting app, helps keep conversations focused on logistics and the children.Set boundaries early. Keep messages brief, child-centered and respectful. If communication is consistently difficult, consider using structured tools, third-party exchanges or professional support to reduce friction.
#3: Keep the focus on the children
Divorce can create strong emotions, but it is important not to place children in the middle. Do not ask them to carry messages, take sides or manage adult feelings. Instead, aim to protect their relationships with both parents and maintain a sense of safety.When parents consistently choose the child’s best interests over short-term conflict, children are more likely to adapt and thrive.Child psychology experts note that children are resilient. By providing a loving home and taking their needs into consideration you increase the likelihood of a successful transition to life after their parents divorce. With an age appropriate parenting plan, a reliable communication strategy and a steady focus on your child’s well-being, you can help your family move forward with greater stability and confidence.]]>On Behalf of Cipriano Law Offices, P.C.<![CDATA[Kayden’s Law: Changing custody cases in New Jersey]]>https://www.ciprianolaw.com/?p=555492026-06-22T20:03:25Z2026-06-22T20:03:25ZNew Jersey recently enacted reforms to the state’s child custody laws to better protect children in vulnerable situations where there are allegations of parental abuse, domestic violence or other safety concerns.
Known as “Kayden’s Law,” after the tragic case that inspired the push to change, the new rules significantly change the playing field for parents who are seeking to protect their children from a dangerous co-parent.
Contested custody cases will be handled differently moving forward
Kayden's Law is named after seven-year-old Kayden Mancuso, a Pennsylvania child who was killed by her father during court-ordered unsupervised parenting time despite concerns about his history of violence. Prior to the changes, there was an automatic presumption that children benefited most from “frequent and continuing contact” with both parents. Now, the priority in each custody case is squarely set on child safety. Judges are now required to look at each parent’s history of domestic violence, child abuse or other violent acts before they look at any other custody factors. In addition:
Custody cannot be increased when there is a history of parental abuse simply to “improve the parent-child relationship.”
There is a rebuttable presumption against overnight visits with a parent when a restraining order is in place.
Judges are sharply limited from ordering “reunification therapies” that use force, isolation techniques or demand total separation from the protective parent.
A child’s expressed, mature preference regarding custody must be considered and given significant weight. If a judge goes against the child’s preference, they must articulate their specific reasoning and place it in the official record.
In addition, there are now 15 specific factors that must be weighed when determining the best interests of the child, with a focus on preventing child endangerment. Parents involved in serious custody disputes need to anticipate the change in the court’s approach, particularly if there are allegations of abuse, parental instability or violence. The court is likely to take a much more careful and detailed examination of all the factors in a custody case, and that is likely to make each case inherently complex. Early legal guidance is wise. ]]>