Hidden Assets in Divorce: Is it Worth It
It is not unheard of to discover that parties in a divorce lied about some important things. Divorce brings out the worse in even the most decent human beings. It’s almost as if the moment divorce discussions start, that the parties anticipate games of deception, defamation and trickery to ensue. Wives accuse husbands of hiding […]
Child Custody & Abandonment
In child custody & abandonment situations (and child support too) biological parents can have their rights terminated by court. Even though the right to being a parent in the USA is a fundamental one , pursuant to the Fourteenth Amendment, states have the power to infringe on those rights. Of course Due Process, also afforded […]
“Good” and “Not so Good” Co-parenting is Still Coparenting
Co-parenting can go as smoothly as the parties allow it to. It doesn’t have to be complicated or have a lot of conflict. However, it does not mean that when parties disagree on issues that it is unsuccessful. Co-parenting simply means that parents communicate effectively and collaborate on important decisions regarding their child(ren). Disagreements, confusion, […]
Grandparents Rights to Visitation & Custody
Since 2000, grandparents’ rights to visitation and/or custody has been ruled “unconstitutional” in many states. This landmark case (Troxel v. Granville) established that state laws that mandated grandparents rights to visitation & custody violated parents’ rights to due process. As a result, although most states have some laws on the books granting grandparents rights, some […]
Long-Distance Co-Parenting
Co-parenting can be challenging when both parents live within the same state or certain distance of each other. However, during long-distance co-parenting, it can complicate things ever more so. Particularly when the parties have joint custody, mainly joint legal, it can cause major problems with enforcement. Co-parenting Agreements or parenting plans for long-distance parents usually […]
When Legal Separation is the Better Route
Although most states have some form of “no-fault” as grounds, there are still instances where a legal separation is the best route to go when heading towards divorce. “No-fault” means that the parties do not need a “reason” to divorce, they can just allege irreconcilable differences (or some variation of) and that suffices. This negates […]
Enforcing a Divorce Settlement Agreement
The divorce settlement agreement constitutes 75% or more of the contested divorce cases. Courts are set up to encourage litigants to settle all issues including property distribution, child custody, child and spousal support. Pretrial conferences, settlement conferences and mediation are all part of the program aimed to settle. Divorce settlement, however, does not always take […]
Best Interests of the Child Custody Each State
Each state has some sort of guidelines when it comes to deciding the best interests of the child custody. The best interests of the child is the standard courts use to determine custody & visitation. Even though these standards follow basic principles across all states, the factors used to make this determination varies from state […]
Guardian ad Litem vs. Judge In-Camera Contested Custody
Contested custody cases requires the use of “unconventional” methods with respect to gathering facts to help it made rulings. The parties to the custody action can appear pro se, where they speak for themselves, or by their family lawyers. But children’s interests must also be given considerable consideration with respect to custody and visitation. This […]
NEW! Uncontested Divorce-NJ Workshop ONLY $99.
Uncontested divorce is a viable option for many in New Jersey. In some states, although many have changed their laws, proceeding to divorce on the uncontested track requires specific steps. New Jersey is a true “no fault” state thus making Uncontested Divorce much easier to accomplish. No-fault means that the parties do not need to […]