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How Long Do You Have to be Separated to be Legally Separated?

By Herbert & Weiss, LLP |

Many couples who find that their marriages are too fraught to continue are nevertheless reluctant to file for divorce.  There may be compelling financial reasons to stay married, such as issues relating to medical insurance or childcare. Alternatively, the couple’s religious convictions may prohibit divorce, or the couple may believe that a temporary separation… Read More »

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How Does Modification of a Parenting Plan Work in New Jersey?

By Herbert & Weiss, LLP |

Divorces are difficult for everyone involved, especially any shared children. The parents can jointly agree to a custody and visitation arrangement, if they are able, or the arrangement can be established by a judge. The arrangement will typically dictate whether the parties will enjoy sole or joint legal and physical custody over the children,… Read More »

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Does New Jersey Recognize Common Law Marriage?

By Herbert & Weiss, LLP |

As our society progresses, more alternative types of families have been emerging. Not every family consists of two parents of the opposite sex, formally married before having children, etc. New Jersey has its own approach to these alternative relationships, including common-law marriage. Learn about New Jersey’s treatment of common-law marriage below, and contact a… Read More »

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Co-parenting with Different Religions in New Jersey

By Herbert & Weiss, LLP |

Decisions about child-rearing following a divorce, or in any other arrangement among separated co-parents, go beyond simply deciding upon custody and visitation schedules. Raising children involves making a thousand decisions, large and small, about how the child will be raised. Many consider religion to be a fundamental part of a child’s upbringing. What happens… Read More »

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New Jersey Custody Laws for Unmarried Parents

By Herbert & Weiss, LLP |

Child custody is a heated and often difficult issue to agree upon or otherwise resolve in many divorce proceedings. Custody can be even more complex when the parents are unmarried. Mothers and fathers both have the same custody rights and responsibilities regarding their children whether they were married or unmarried when the child was… Read More »

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Disadvantages of Filing for Divorce First in New Jersey

By Herbert & Weiss, LLP |

When a marriage is beginning to fall apart, people begin to decide whether divorce is their best option. If they do decide to divorce, they often wonder whether making the first move and filing for divorce is in their best interests, or if instead they should wait to see if their spouse files. There… Read More »

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Does Domestic Violence Affect Divorce in New Jersey?

By Herbert & Weiss, LLP |

Domestic violence is a persistent problem among New Jersey married couples, despite the fact that many abused spouses keep their abuse a secret. Domestic abuse is more than just physical violence; verbal and emotional abuse can be just as harmful and cause damage to the spouse and children who are the victims or witness… Read More »

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Collaborative Divorce Settlement Agreement

4 Disadvantages of Collaborative Divorce

By Herbert & Weiss, LLP |

Separating from your spouse is never painless, and a contentious courtroom divorce can make the process even more grueling. In recent years, many divorcing spouses have opted for alternatives to courtroom divorce, such as collaborative divorce. While this alternative is a great choice for some couples, there are downsides to collaborative divorce that spouses… Read More »

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What are Grounds for Filing a Restraining Order in New Jersey?

By Herbert & Weiss, LLP |

You don’t deserve to fear for your life or safety, or for that of your children or other family members. If a relative, roommate, spouse, or romantic partner makes threats against you, then you have a right to protection from that harassment. Learn more below about the grounds for filing for a restraining order… Read More »

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NJ Appellate Division Rules All Custody and Parenting Time Decisions Should Be Treated Equally

By Herbert & Weiss, LLP |

It may seem an obvious proposition at first blush: In any decision involving the rights of parents regarding a shared child, the same rules and standards should apply. Namely, decisions regarding parenting time and custody should focus on the fundamental rule that the best interests of the child are paramount. New Jersey Courts, however,… Read More »

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