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How Long After a Marriage Can it Be Annulled in New Jersey?

By Herbert & Weiss, LLP |

For most marriages, if they fall apart, the parties will decide whether to get a divorce. Under certain limited circumstances, however, an annulment may be possible and advisable. Unlike a divorce, an annulment completely invalidates a marriage, such that under the law, it will be as if the marriage never happened. Annulment is reserved… Read More »

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Most Common Types of New Jersey Divorce

By Herbert & Weiss, LLP |

There are a number of grounds for divorce in New Jersey, ranging from adultery, desertion, and cruelty to irreconcilable differences. Historically, parties seeking divorce had to have a particular reason for divorcing, commonly called a “fault” divorce. Now, most divorces are “no-fault,” citing an analogous provision under New Jersey family law. Divorces are now… Read More »

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How to Avoid Alimony in New Jersey

By Herbert & Weiss, LLP |

If you are going through a divorce (or if you are already divorced), you may believe that alimony (aka spousal support) is the third unavoidable fact of life after death and taxes. While alimony is certainly common, it is by no means a certainty. New Jersey courts weigh a series of factors to determine… Read More »

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How to Appeal a Family Court Decision in New Jersey

By Herbert & Weiss, LLP |

If your divorce is contested and contentious, then there is a good chance that you will not be thrilled with the Family Court’s final decision on the matter.  You may believe that the amount of alimony or child support ordered is unjustified, you may disagree with the ultimate custody arrangement, or you may feel… Read More »

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Who Has Custody of a Child Born Out of Wedlock in New Jersey?

By Herbert & Weiss, LLP |

The rules of parentage for a child born during a marriage are relatively clear:  Both the mother and her spouse are presumed to be the parents of the child, with all attendant parental rights and responsibilities.  If the parties split up, New Jersey family law applies to determine custody.  The rules are a bit… Read More »

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Voluntary Acknowledgement of Paternity in New Jersey

By Herbert & Weiss, LLP |

Establishing paternity can benefit parents and their children.  Paternity grants fathers certain rights with respect to requesting custody and visitation and also subjects them to certain responsibilities, including, for example, child support.  Children also get the benefit of health insurance, Social Security, Veterans benefits, inheritance, and other benefits through established fathers.  While maternity is… Read More »

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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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