Splitting 401K in Divorce

November 30, 2016

When considering separation and divorce in the state of New Jersey, one of the most important factors is thinking about equitable distribution of property.  In most cases, property is distributed fairly, but with a consideration towards which spouse contributed more towards a particular asset.  Retirement related funds however, such as a 401k plan, are different. Passaic County courts follow the same rule of thumb as other courts in NJ.  That is, any money put into the 401k account from the beginning of the […]

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Factors to be Considered for Alimony Awards in New Jersey
Posted in: Alimony Divorce

Factors to be Considered for Alimony Awards in New Jersey

October 20, 2016

In New Jersey, alimony determinations are not made using a set formula in the same way that child support calculations are. Instead, alimony varies on a case-by-case basis, as the court utilizes a list of factors to arrive at these awards. New Jersey’s Alimony Statute, found in N.J.S.A. 2A:34-23, enumerates the specific factors that must be weighed when making a determination of alimony in a given divorce case. Factors of Alimony in New Jersey New Jersey’s alimony factors range from the actual […]

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How to Successfully Navigate Child Custody Mediation During a Divorce

August 24, 2016

  A contested divorce can be a challenge.  And when child custody issues exist, an already stressful situation may intensify.  When the parties are not in agreement about child custody, you may participate in a custody evaluation during a divorce, also known as custody and parenting time mediation.  During the mediation, the parties meet with a court appointed mediator, to try to come to an agreement about custody.  Both parties are asked to comment on the lives, schedules and preferred […]

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How to Position Yourself for Success in Divorce
Posted in: Divorce Family Law

How to Position Yourself for Success in Divorce

August 19, 2016

According to the National Center for Health Statistics, there were 2,140,272 marriages in the United States in 2014 and 813,862 divorces. Among the hundreds of thousands of divorces that occur among Americans each year, every situation is unique, based on the individuals and circumstances involved. The level of contentiousness in divorce exists on a spectrum, ranging from entirely amicable no-fault or uncontested divorces, to knock-down, drag-out battles that are litigated for years. Based on our extensive experience as New Jersey divorce lawyers […]

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Contested vs. Uncontested Divorce in New Jersey
Posted in: Divorce

Contested vs. Uncontested Divorce in New Jersey

July 5, 2016

In the last article of our New Jersey divorce series, we discussed the first step of the divorce process: the initial filing. After this essential step is complete, your spouse’s response will be extraordinarily significant in determining the trajectory of your divorce. In essence, the initial filing, also known as the Complaint for Divorce, contains the provisions you seek as it relates to alimony, division of assets, child custody, child support, etc. Whether or not your spouse shares the same views about these […]

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