Carolann M. Aschoff, P.C.
201-793-7739Jersey City & Bayonne
973-200-4892West Caldwell

Jersey City Family Law Blog

Child custody: The difference the right lawyer can make

Many people expect a breakup to go hand in hand with stress and emotional turmoil. While this is often true in divorce cases, especially when it comes to child custody, it does not have to be the case. By obtaining the help of the right New Jersey family law lawyer for a particular case, the process can go a lot smoother.  

Legal representation may not always be needed, but it surely holds certain benefits. Attorneys have the legal knowledge to gauge if claims made by the parties are realistic and possible. Lawyers also have the know how with regard to previous verdicts in similar cases, what is important to judges and how to present cases to pursue the best possible results.

Child custody -- acting in the best interest of the child

For many parents, their children are what makes their world go around. This is why most parents will confirm that they do not want their children to get caught up in the whole process of divorce. The ideal solution when it comes to child custody negotiations is that all parties are focused on ensuring the best interests of the children involved.  

Our New Jersey family law firm has ample experience in assisting clients to find the best resolution for child support and custody issues. We pride ourselves on the personal attention we provide to each one we serve, and we work hard to ensure our clients receive the solid legal advice they need to make the best informed decisions about the matters that affect their children. After discussing and agreeing on the different options available, we will then work closely with our client to build a solid case in which the rights of both the parent and the children are protected.

How can a prenuptial agreement help me?

If you are considering getting married, the thought of a prenuptial agreement may have crossed your mind. Are prenups only for celebrities and wealthy business owners, you might wonder? As it turns out, a prenuptial agreement can protect your interests even if you are not wealthy and famous.

Suppose you are getting remarried and you have children from a previous marriage, do you want them or your new spouse to receive your estate after your death? A prenup can establish your wishes and protect your assets and your children's legacy in the event of your untimely demise. This type of legal contract can offer practical protection for all types of people who face everyday problems.

Divorce and broken engagement -- not that different

When an engaged couple decides to break the engagement, it is not all that different from the end of a marriage. Both decisions go hand-in-hand with feelings of loss, emotional pain and turmoil. Like in the case of divorce, certain difficult decisions must be made during an emotionally taxing time.  

One major question a New Jersey couple that is breaking off an engagement must answer is: who gets to keep the ring? There is no easy and obvious answer to the question, as courts differ in their rulings on the matter. How a court may rule depends greatly on the court's view of what constitutes a gift, while the reasons for ending the engagement may also play a role.

Getting ready for divorce -- 3 important things to think about

Major change often leads to one feeling panicky, especially if it means the end of something important in life. In case of divorce, this may be especially true. The realization that one's marriage is coming to an end may be daunting, but one can take comfort in the thought that help is at hand.

When a New Jersey couple decides to end their marriage, never mind if it is a breakup or a conscious uncoupling, there are three important things to get into place. The first piece of advice financial experts give is to get oneself organized. It may make things a lot easier if all the paperwork, especially financial documents, are sorted and readily at hand. When discussing divorce with a lawyer, a clear picture of the financial situation can be formed if the full financial records of both parties are available.

Advance planning can avoid commingled funds in divorce

Some couples in New Jersey who file for divorce learn too late that they should have avoided commingling their funds during their marriage. In the event of a divorce, funds that were commingled will be part of the marital estate, and the court may order it divisible. However, if it was addressed in a prenuptial agreement, it might remain the property of the original owner.

Examples of funds that are frequently commingled include one spouse's inheritance that is deposited into a joint bank account. Also, if marital funds are used to pay the mortgage on a home that was the property of one spouse before the marriage, the home will no longer be separate property. The same applies to any property, cars, TVs, furniture or other items that are funded with combined resources.

Divorce or not? How to know if it is the right thing to do

Older married couples may be quick to tell younger couples that marriage is not all moonlight and roses. The fact of the matter is that every marriage goes through good times and bad times. In some cases it is possible to work through the rougher spots -sometimes with professional help. The main thing is that if a couple tried to work things out but decide on divorce, they would be able to say they really tried.

After trying to work things out, a New Jersey couple may decide on a separation while working on their problems. Experts advise that during separation a couple be honest about the reasons why they are separating, clearly communicate before and during the separation, and stay focused on the goals they are working towards to save the marriage. If couples stay committed to saving their marriage, a separation can help rebuild the marriage.

Divorce talk: Splitting assets before they are combined is tough

Getting married is a significant step for any person in New Jersey. Along with the excitement of planning the wedding, it might be wise to take time out to discuss essential issues -- those which might impact the longevity of the marriage. Certain aspects have proved to be the most frequent causes of marital problems that could even lead to divorce. Two people with entirely different backgrounds will come together and be challenged to make it work -- and last forever.

They might have different ideas about having children, and if they agree to start a family sometime in the future, their ideas about raising children might be oceans apart. Another issue that has been the cause of many marital arguments involve the financial backgrounds of the two individuals. This includes their ideas about saving, spending and whether they will have a joint bank account and budget together.

Factors in determining New Jersey child custody arrangements

If you're a parent about to — or even considering the possibility of — divorce, the biggest issue on your mind is likely your children and how ending your marriage may affect your relationship and parenting time with them. Divorce brings many stressful changes, from financial to emotional and more, but for divorcing parents, the most worrisome matter of all is typically child custody.

One strategy that may provide some peace of mind is familiarizing yourself with New Jersey's child custody laws even before you start trying to work out a parenting arrangement with your ex. While most of New Jersey's child custody statutes are similar to those of other states, there are a few differences that you may wish to note.

Divorce: How valid is your prenuptial agreement?

Many New Jersey couples sign prenuptial agreements to ensure the interests of both spouses will be protected if the marriage should end. The typical purpose is to specify the division of property in the event of a divorce in a manner that differs from the process prescribed by state laws. However, for such an agreement to be valid, specific legal requirements must be met.

One of the requirements might be for both spouses to be represented by their respective independent legal counsels. Agreements must be in writing and signed by both parties, and not on the eve of the marriage. The court would want to see that both parties had sufficient time to consider the contents of the contract before signing it. Furthermore, any sign of coercion or pressuring one spouse into signing might lead to the agreement being declared invalid by the court.

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