Heymann & Fletcher

April 2017 Archives

After a divorce, aim for a healthy balance of new and old credit

Many New Jersey spouses emerge from the end of a marriage somewhat stunned, and feeling emotionally exhausted. It can be hard to remember that this is a time of renewal, when an individual has the chance to chart a new course for the rest of his or her life. Gaining financial stability is an important part of that process, and should be a primary post-divorce plan. Attaining the right balance of credit is a great place to begin.

Divorce involving high-value assets can be acrimonious

No matter how much or little money a couple has in the state of New Jersey, getting divorced can be financially challenging. After all, both parties may simply struggle to see eye to eye on how to split the assets they share. However, having more in the coffers can certainly make things a little more difficult during a divorce proceeding.

Divorce can be a confusing process at the start

Putting an end to a marriage in the state of New Jersey can be a frustrating experience, not only for the spouses but also for their children. Not knowing where to start at the outset of the divorce process can especially be intimidating. A few tips may help with ensuring that some important steps are taken early on.

Consider estate planning needs at the end of a marriage

For many New Jersey residents, bringing a marriage to a close is an onerous process, one that is filled with a seemingly endless list of to-do items. One important need that is often overlooked at the end of a marriage is the need to make changes to one's estate planning documents. This is especially true in regard to life insurance, which falls outside of the provisions laid out in one's will.

Postnuptial agreements valuable during divorce

Prenuptial agreements are a widely discussed topic among those who are planning to get married in New Jersey and elsewhere, but not many have heard about postnuptial agreements. While prenups occur before marriage certificates are signed, postnups occur after these certificates have been signed. However, they both serve the purpose of protecting a married person's assets in the event of divorce.

Garner, Affleck file for divorce

Two celebrities in an out-of-state case have decided to split up permanently after being separated for nearly two years already. Ben Affleck and Jennifer Garner, who officially separated back in June of 2015, recently filed their divorce documents together. When the decision to get divorced is made, several factors have to be taken into consideration in the state of New Jersey.

Address these family law issues prior to separation

When a New Jersey couple is going through marital troubles, one option is to try a period of separation. This can be a good move for many couples, and it gives spouses a chance to think things through before they make a decision on whether to move forward with divorce or work on their marriage and reconcile. However, spouses should make the terms of their separation very clear at the onset, and they should consider several family law issues prior to the separation.

Remember that debt factors into property division, too

New Jersey couples who are going through a divorce often focus on the financial aspects of the process. They worry about how to divide assets, and discuss which spouse will get which items of personal property. One thing that many couples fail to consider is the fact that debt is also part of the property division process, and must also be divided. Failing to have a plan in place can lead to some very undesirable outcomes.

4 things to consider when divorce affects a family business

Running a business is stressful. Getting a divorce is just as stressful. When your business is in the middle of a divorce, the situation can turn dire. You should make sure that you prepare for what is going to happen if you are dealing with a business involved in a divorce.

Divorce process has several helpful uses

People who are thinking about getting divorced usually know what they can expect from the process based on what they have seen in movies and on television. However, watching someone else's divorce unfold is very different from watching one's own take place. Having an understanding of what can be accomplished through divorce may help to make it an emotionally easier process to go through in New Jersey.

Protecting finances paramount during divorce

According to recent research, the months of March and August appear to be the most popular months for getting divorced. However, no matter when divorce papers are filed in New Jersey, it can be distressing both emotionally and financially. A couple of tips may help with addressing the financial aspect of this type of family law proceeding.

Child custody dispute centers on molestation allegations

Parents who are faced with a custody challenge from the state are often plunged into an immediate sense of panic. While many of these cases stem from a genuine concern for the well-being of children, not all of them are based on actual facts. There are instances in New Jersey and across the nation in which state agencies remove children from fit and healthy homes, and where the parents are placed in the terrible position of having to fight to defend their parental rights. An example is found in a child custody dispute that centers on multiple allegations of molestation.

Can an inheritance be protected from property division?

For those New Jersey residents who are fortunate enough to receive an inheritance, the experience can be life-changing. When a loved one leaves behind a financial gift or a piece of real estate, having that base of wealth can help build a strong financial foundation for the recipient. It is important to protect that inheritance, and to ensure that the assets are used in the manner that was intended. For recipients who are married or planning to marry, that means protecting the inheritance from loss during property division.

How to avoid the need for post-divorce modifications

Many New Jersey residents are aware that there is a possibility of addressing divorce "mistakes" once a divorce has been made final. However, post-divorce modifications are often more complicated than many people think. In addition, it is difficult to guarantee that a request for modification will result in the desired outcome. A far better approach is to take a proactive stance in the matter.

Domestic violence remains issue in New Jersey and elsewhere

Offenses that are committed against a romantic partner may range from an emotional attack to sexual or physical attacks or even to destroying the partner's property. They may also include psychological or even economic attacks, such as isolating somebody from others or withholding financial support, respectively. According to federal law, all of these attacks are considered domestic violence in the state of New Jersey.

Prenuptial agreements on the rise among immigrants

Regardless of one's opinions on our new political administration, few can argue that a number of social issues haven't been impacted by the Trump administration. A prime example is the way that immigrants function within the nation's borders. In terms of family law, attorneys in New Jersey and elsewhere are reporting a spike in the number of immigrants who are pursuing prenuptial agreements prior to marrying American citizens.

Child custody issues can affect both parents and children

A divorce proceeding can naturally involve both heartbreak and frustration for adults going through it. However, the children of these adults are also affected by it, particularly when matters such as child custody are points of contention. A few tips may offer guidance for helping children through this type of family law proceeding in New Jersey.

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