Heymann & Fletcher

February 2017 Archives

Prenuptial agreement offers protection in event of divorce

Prenuptial agreements are legal documents designed to protect both men and women in the event of the dissolution of a marriage. A common misconception is that a prenuptial agreement is most appropriate for protecting a rich older man from a young trophy wife if a divorce is inevitable. However, the reality is that these types of contracts are ideal for anyone getting married in New Jersey.

Couple gives up child custody rights in controversial case

Any New Jersey parent can understand the emotional turmoil that would follow the death of a child, even when they have not had that experience firsthand. For one couple, the loss of their 2-year-old daughter has been followed by criminal charges and the threat of losing access to their other six children. As the couple prepares to defend the parenting choices they made based on their religious beliefs, they have ceded child custody of their six surviving children to protective services.

Carefully calculated property division could help seniors

Imagine being happily married for many years, only to find that financial pressures have placed such a strain on the marriage that divorcing might be the best possible solution. That is the case for far too many New Jersey residents who are facing increased health care costs as they reach their later years. Some will eventually file for divorce as a last ditch effort to leverage property division as a means of paying for necessary care.

IVF should prompt a visit to a child custody attorney

When a couple is unable to conceive a child, they are often incredibly saddened and burdened by stress. The desire to add a child to one's family can run very deep, and many New Jersey couples will go to great lengths to accomplish that goal. For some, that means attempting in-vitro fertilization, also known as IVF. This can be a great help to many couples, but those who pursue this form of procreation should begin with a visit to an attorney well versed in child custody matters.

Do you pay child support if your ex is withholding visitation?

Divorce is an emotionally complex, often difficult process. One day a process server provides you with notice that your spouse filed for divorce. Soon, you're living in separate homes, sharing custody. If your former spouse requested full or primary custody during the divorce, chances are your visits with your children are limited to weekends. Your ex may be withholding visits from you.

Study could lead to shift in New Jersey parenting time cases

Most family courts approach custody cases with the presumption that children are best served by having the chance to form a close bond with both parents. However, when a child is very young, many courts still believe that the bulk of parenting time should remain with the mother. This approach is based in decades of research that supports the notion that babies have a closer bond with their mothers than their fathers. New research may lead to changes in how visitation is awarded, especially for New Jersey fathers who want to spend more time with their young children.

Protecting business from consequences of divorce is possible

The dissolution of a marriage can quickly take its toll both financially and emotionally in New Jersey. The financial impact of divorce can especially be felt by business owners. A couple of tips may help with protecting a family business from the potentially dire consequences of the divorce process.

Taking a long-term approach to New Jersey property division

Bringing a marriage to a close is never a simple matter, and for many New Jersey residents, the process can feel absolutely overwhelming. There are a multitude of decisions that must be made during the course of a divorce, many of which will have a lasting impact on each spouse's life for many years to come. Property division is an especially challenging topic, and one that should be given proper consideration and attention.

Claiming dependents can be cause of dispute following divorce

Claiming a dependent on one's taxes is typically a straightforward procedure. However, in some situations in New Jersey and elsewhere, more than one individual might try to claim a child as a dependent for tax purposes, which muddies this process. This is not uncommon following a divorce.

Child custody dispute centers on termination of parental rights

An unusual and distressing custody battle is currently underway in one southern state, and parents in New Jersey and across the nation are following the matter to see how it will be resolved. The child custody dispute is between a biological father and a prospective adoptive family, and centers on the manner in which the father's parental rights were terminated. As with so many custody cases involving a challenged adoption, there may be no real "winners" once the dust settles and the issue has been resolved.

Becoming an entrepreneur offers benefits post divorce

Going through a marital split in New Jersey can be emotionally and financially challenging for all parties involved, but it can be especially intimidating for those who are used to relying on their spouses for financial support. The older a person is, the idea of having to re-enter the workforce can be even more unnerving. However, becoming an entrepreneur offers multiple advantages following divorce in New Jersey and elsewhere.

Family law proceeding of divorce more common among the elderly

In the New Year, people in New Jersey may be eager to finally get divorced and move on with their lives. However, the divorce process can be tough both emotionally and financially. A few tips may help individuals who are going through the dissolution of a marriage to approach the process in a positive way.

One state adds pet welfare to list of family legal issues

Many New Jersey residents are pet owners, and sincerely love their pets. When a divorce is underway, who will retain ownership of the pets is a concern for some spouses. While courts across the nation have declined to get involved in these types of disputes, one state is now ready to consider pet "custody" as one of many family legal issues that the courts will take into consideration during the course of a divorce.

Beware of unexpected costs during property division

The process of dividing marital wealth is never simple or easy, and many New Jersey spouses experience a great deal of stress as they negotiate the division of shared assets. One thing that can make this process even more complicated is the range of fees that can accompany various property division actions. Determining these fees ahead of time can make it far easier to devise well-informed and savvy decisions.

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Toll Free: 800-481-8549
Phone: 862-781-0029