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Young couple divorcing in alimony concept

Termination of Alimony and Retirement

By Herbert & Weiss, LLP |

If you are paying or receiving court-ordered alimony in New Jersey, there are certain circumstances under which the alimony obligation may be modified or eliminated altogether. Historically, in New Jersey, when the paying spouse retired, they were able to request a modification of alimony but then had the burden to show the retirement was… Read More »

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Two businessmen divide in parts the profit between themselves

Is Inheritance Subject to Equitable Distribution in NJ?

By Herbert & Weiss, LLP |

New Jersey is an “equitable distribution” state. That means that all marital property will be distributed between the parties to a divorce in accordance with the principles of equity and fairness. All types of assets can be marital property, including real estate, retirement funds, personal property, financial accounts, business ownership, and others. Only marital… Read More »

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Father and his little son assembling furniture at home

Child Relocation Within the State of New Jersey

By Herbert & Weiss, LLP |

A final divorce decree is intended to fully resolve all issues pertaining to the divorce, including apportionment of shared property, establishing child support, and determining child custody. In reality, after a divorce, people move on with their lives. People get new jobs, enter new relationships, and continually make decisions concerning the next steps in… Read More »

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Two businessmen handshaking in meeting after final project agreement deal done.

How an NJ Early Settlement Panel (ESP) or ADR Program Can Save You Money

By Herbert & Weiss, LLP |

Not every divorce must involve a drawn-out, expensive court battle. Even spouses who do not agree on all pertinent issues can rely on less formal, more efficient, and more cost-effective proceedings to resolve their disputes before heading to trial as a last resort. Parties to a divorce can and should have a go at… Read More »

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Legal alimony concept. Closeup view of wooden gavel and money.

New Jersey Alimony Factors According to Section 2A:34-23

By Herbert & Weiss, LLP |

Alimony is not a certainty in every New Jersey divorce. Courts must consider a variety of factors to determine whether alimony is appropriate and, if so, how much alimony should be awarded and for what duration. New Jersey family law lays out specific factors that a court must consider when determining an award of… Read More »

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Couple fighting about money

How is Debt Distributed in a New Jersey Divorce?

By Herbert & Weiss, LLP |

Not every divorce battle is about what each party wants to get. Some fights concern what each party does not want in a divorce. Married couples do not just share property; they share the liabilities and debts associated with that property, as well as other debts common to the marriage. When couples divorce, what… Read More »

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Moving concept, Father and son moving to a new home

Child Relocation Out of the State of New Jersey

By Herbert & Weiss, LLP |

In an ideal world, the final divorce order would be the last word on the matter. All assets, rights and responsibilities of each spouse would be decided once and for all. For better or for worse, however, life goes on after divorce. If you have a shared custody arrangement with your ex or co-parent,… Read More »

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Schoolboy is ready go to school. Dad putting on a protective mask on his son's face. Coronavirus pandemic

Is Child Support Retroactive in New Jersey?

By Herbert & Weiss, LLP |

Retroactive child support is a complicated but popular subject of speculation for many of our clients. If a child support recipient fails to ask for child support for a period of time, or if a child support payor has a change in circumstances and can no longer afford to pay, can there be a… Read More »

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Domestic abuse shadow play; family and social issue

How to Prove Domestic Violence in Divorce

By Herbert & Weiss, LLP |

New Jersey is a no-fault divorce state. That means that a married couple can get a divorce, or one spouse can divorce the other over their objection, without a traditional “cause” such as infidelity or abandonment. There are, however, types of “fault” behavior in New Jersey that are still relevant to the divorce proceedings…. Read More »

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Grandparents and baby grandchild walking outdoors

How do I Get Temporary Custody of My Grandchildren in New Jersey?

By Herbert & Weiss, LLP |

Every family is different. Many modern families do not fall neatly within the traditional “nuclear” family structure. In many families, the grandparents are involved with child-rearing nearly as much as the direct parents. If something goes wrong, under what circumstances can grandparents step in and take custody of endangered children? Can grandparents ever claim… Read More »

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