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What is a Litigation Hold Letter and How Does it Affect My Divorce?

By Herbert & Weiss, LLP |

For many people, divorce is one of the few, if not the only time they’ll find themselves in a courtroom or involved in a legal dispute. There are a number of processes and procedures that can seem obtuse, complex, or even concerning. When you get a demand letter or a legal summons, it’s easy… Read More »

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How to Prepare for a Custody Evaluation in NJ

By Herbert & Weiss, LLP |

Child custody is often one of the most emotionally charged aspects of a divorce. It’s hard not to take it personally when you are arguing over who gets to raise your children. Ideally, the parties can come to some sort of mutually agreeable arrangement. If the parties are unable to reach an agreement, however,… Read More »

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Pros and Cons: Lump-Sum vs. Monthly Alimony Payments

By Herbert & Weiss, LLP |

In the event of a divorce, couples will face the task of resolving many different aspects of their separation including the division of marital property, finances, and time spent with children. A common occurrence in divorce proceedings is the agreement or court order that one spouse will pay alimony, or spousal support as it… Read More »

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Do Stepparents Have Visitation or Legal Rights?

By Herbert & Weiss, LLP |

Being a stepparent is a tough job. You have to integrate yourself into an established family, doing your best to act as a responsible parent without stepping on the toes of the child’s biological parent. Children will have a unique relationship with each biological parent and their stepparent, the nature of which they will… Read More »

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Things to Know About Business Interests in a New Jersey Divorce

By Herbert & Weiss, LLP |

The family business is often a point of serious contention in divorce. One party ran the business while the other ran the household or had their own job, and yet the uninvolved spouse states they are entitled to an ownership stake. The other spouse feels they should be able to keep the business that… Read More »

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What Circumstances Void a Prenuptial Agreement?

By Herbert & Weiss, LLP |

Prenuptial agreements are a good idea for most modern marriages. Parties can plan in advance for what may happen in the event of divorce, removing any concerns over “marrying for money” as well as saving time and heartache down the line should the marriage end. Prenuptial agreements must, however, be validly entered into order… Read More »

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Dos and Don’ts When Falsely Accused of Domestic Violence

By Herbert & Weiss, LLP |

If you are facing false accusations of domestic violence, it’s natural to be frustrated and even upset. In instances like this, it’s important to keep your emotions in check. If you act on your emotions, you could potentially cause more harm to your case than there already is. Let’s go over some important “Dos… Read More »

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What Can I Do About Custody Violations in NJ

By Herbert & Weiss, LLP |

A child custody order should be the final word on how divorced parents or other co-parents schedule their time with their kids. Unfortunately, some parties refuse to follow the rules outlined by the court. If your co-parent refuses to follow the child custody order, what are your options? Read on to learn about what… Read More »

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Reasons to Seek an Annulment in New Jersey

By Herbert & Weiss, LLP |

Unlike a divorce, which dissolves a legal marriage, an annulment recognizes that a valid marriage never existed. When a couple gets divorced, for some there is a negative stigma in certain religious or social circles. Financial burdens, divorce proceedings, and other responsibilities are also factors you can avoid if you move forward with an… Read More »

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What Is the Role of a Guardian Ad Litem in a New Jersey Divorce Case?

By Herbert & Weiss, LLP |

A guardian ad litem (GAL) is an attorney appointed by the court to represent and protect the best interests of a child. They are often brought in during custody battles, but the representative may also be appointed if your child is the victim of neglect or abuse, or if a court has taken away… Read More »

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