Tag Archives: divorce

Divorce in New Jersey

While it is widely stated that 50 percent of marriages will end in divorce, this statistic is largely considered to be inaccurate in modern times and especially not in New Jersey. Research indicated that in 2015, the national average rate of divorce was 16.9 divorces per 1,000 marriages. In New Jersey, the divorce rate for 2015 was 12.9 divorces per 1,000 marriages, which makes it the fourth-lowest divorce rate in the nation.

The only states that beat New Jersey for lasting marriages were Hawaii, Rhode Island, and Wisconsin. Meanwhile, the highest divorce rate for that year was Washington, D.C. with a rate of 29.9 out of 1,000.

Divorce can Happen When You Least Expect It

No one should ever get married expecting that they will get divorced. Despite this outlook and despite lowered rates of divorce in the United States in recent years, it is a matter of fact that marriages still end each and every year. Even if you believe that your marriage is solid, events can happen that throw it into turmoil and lead you or your spouse to seek a divorce.

Few people are ever prepared for the complications that can arise during the divorce process. Not only are emotions high, but many legal issues must be addressed and resolved before a New Jersey court will legally dissolve your marriage. The good news is that an experienced New Jersey divorce attorney can help you through every step of this process and work to alleviate as much additional stress as possible throughout your divorce case.

Some issues that commonly arise in New Jersey divorce cases include the following:

  • Property division – Married couples tend to share a lot of property including homes, cars, and personal possessions. The law requires that this property be divided equitably between the spouses in a divorce.
  • Child custody – Parents must determine how to split time and decision-making power regarding their children in a manner that the court agrees is in the best interest of the child.
  • Child support – Depending on custody arrangements and income discrepancies, one parent may be ordered to pay child support in line with state guidelines.
  • Alimony – Depending on the circumstances of the marriage, one spouse may be ordered to pay support to the other for a period of time following the divorce.

Call 732-422-1000 today to schedule a case evaluation.

The New Jersey family law attorneys at the law office of Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C. know that every divorce case is different and we approach every case with a unique strategy for the best interests of our clients. Please call today if you need assistance with any type of divorce matter.

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Divorce or Legal Separation: What’s the Difference?

While divorce represents the legal dissolution of your marriage, a legal separation indicates that you and your spouse are still married but are living separately. A legal separation is a court mandate that outlines the rights and responsibilities that both of you must adhere to while you remain married but live separately.

Legal separations are not common occurrences, but they can be useful in those situations in which a couple needs to work through personal or financial issues that could affect their marriage.

The Process

Much like in a divorce proceeding, the court will make important decisions regarding your situation:

  • Separation Maintenance

Separation Maintenance includes any spousal and/or child support and is usually accomplished by having an attorney draw up a motion pending litigation. The court’s decisions on this separation maintenance will influence what each of you is later awarded should you ultimately seek divorce.

  • Child Custody
  • Child Visitation
  • Property division

Property division during a legal separation is much like the property division that would take place in a divorce and is usually determined by considering what you own as a couple and how it can be equitably – which is different than equally – divided between the two of you.

How Other Kinds of Separation Might Affect Your Property Division

There are different kinds of marital separation – other than legal separation – that might affect your property division:

  • Trial Separation

A trial separation simply refers to that period of time in which you and your spouse live apart while you contemplate your marriage. This form of separation has no legal effect.

  • Living Separately

Living separately refers to those circumstances whereby couples are not living together and have no intention of remaining married. Some states, like New Jersey, also have requirements for living apart before a no-fault divorce can be obtained. Living separately can ultimately affect your property division.

  • Permanent Separation

A permanent separation is when a couple decides to separate permanently. A permanent separation probably won’t have any binding legal effect – unlike a legal separation. Most courts view those properties and debts acquired after a permanent separation as the personal property of each acquiring spouse. Those debts that stem from managing the family are considered joint debts.

Legal separation can be almost as complicated a matter as divorce and should never be entered into lightly or without legal guidance. If you are contemplating either a legal separation or a divorce, contact an experienced New Jersey divorce attorney today.

An Experienced New Jersey Family Law Attorney Can Positively Influence the Outcome of Your Legal Separation

There is too much at stake in any legal separation to try and negotiate it on your own. An experienced New Jersey divorce attorney will help you assess your options and will skillfully fight to ensure that you obtain the best outcome for your case. Contact a skilled attorney with expertise in New Jersey family law by scheduling your consultation with Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C. today. Give us a call at 732-422-1000 or contact us online.

Carefully Consider your Divorce Options

Divorce is an arduous process that should never be entered into without seriously considering all of the ramifications. Things only become more complicated and painful when children are involved. There is so much to consider; do yourself a favor, and make sure that all of your decisions regarding divorce are extremely well informed.

What to Expect
The one universal of divorce is that there’s no way to know what to expect. Divorce is often extremely unpredictable; the combination of too much stress, heightened uncertainty, and a crumbling relationship can lead people to engage in exceedingly unpredictable behavior. Your best strategy is to arm yourself with the basics before making any decisions.

The Known Elements of Divorce
A divorce will determine property division – or who will get what in the dissolution of your marriage. This means that the New Jersey court will divide your marital assets in a way that it deems equitable or fair but that is not necessarily equal. Keep in mind that what the court deems fair may not coincide with what you consider fair. The outcome of this process is rarely predictable.

A divorce will also determine support obligations for both parties. These can come in the form of both child and spousal support. Child support is usually set by state law, but departures from these state standards often occur. Additionally, child support often hinges on the ordered custody arrangements. Spousal support is much more varied and depends, in large part, on the specifics of the case. There is a lot of room for interpretation within this process, and it is very difficult to predict the outcome.

The divorce proceedings will also determine child custody and visitation (when applicable). Whenever possible, it’s to everyone’s advantage to reach these decisions together before the court gets involved. It’s the court’s obligation to promote the best interests of the child, but all judges, being human, have their own beliefs and values that they cannot help but let get tangled up in their decisions. Additionally, few people are at their finest during divorce proceedings, and that is the judge’s only real glimpse into who you are.

What Divorce Can Never Do
There are some things about divorce, as unpredictable as it is, that you can rely upon:

• Divorce cannot guarantee precise and equal division of your marital assets and property.

• Divorce cannot guarantee you equal time with your children.

• Divorce very well may not accomplish civility between you and your ex-spouse.

• Divorce almost always guarantees that you won’t be able to maintain your current standard of living.

• Divorce will not heal your emotional wounds.

In the end, a court order for divorce is simply a piece of paper that will almost certainly leave you hurt and confused. If you are contemplating a divorce, you should not make important decisions without legal counsel. Contact an experienced New Jersey divorce attorney today.

An Experienced New Jersey Family Law Attorney Can Positively Influence the Outcome of Your Divorce
There is too much at stake in any divorce to try and negotiate it on your own. An experienced New Jersey divorce attorney will help you assess your options and will skillfully fight to ensure that you obtain the best outcome for your case. Contact a skilled attorney with expertise in New Jersey family law by scheduling your consultation with Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C. today. Give us a call at 732-422-1000 or contact us online.

Child Custody FAQs

Child custody can be among the most contentious issues raised in a divorce. Below are answers to some of the most frequently asked questions regarding child custody. To learn more, call us today to speak with a skilled child custody attorney.

What Factors do Courts Look at When Making Child Custody Determinations?

Courts have significant discretion in making decisions about how to award child custody. These decisions must always be made in accordance with the “best interests of the child,” and there are several factors that a judge will consider. These include each parent’s financial and physical ability to provide for the child’s needs, the interaction and relationship of the child with his or her parents and siblings, the parents ability to agree, communicate, and cooperate in matters relating to the child, the needs of the child, the parent’s employment responsibilities, the stability of the home environment offered by each parent, and any other factor relevant to the best interests of the child.

How can a Lawyer Help in a Child Custody Dispute?

Many parents wonder how exactly an attorney can help in a child custody dispute. Because the court has significant discretion in making child custody determinations, a skilled attorney can have a significant impact on the way your dispute is resolved. Skilled attorneys who understand the way that courts operate can make persuasive arguments and present evidence relating to your ability and fitness as a parent (or evidence of the opposite, as it relates to your child’s other parent) to which a court will be responsive. In addition, an attorney can advise you about how your out-of-court conduct may have a positive or negative effect on the way your dispute is resolved.

Can a Child Custody Order Be Modified?

Child custody orders can be modified if either parent can show a substantial change in circumstances that would justify a modification. Whether a substantial change in circumstances has occurred is a complicated question, so if you are seeking to have your child custody arrangement modified, you should speak to a lawyer to determine whether it may be possible.

Call 732-422-1000 today for a consultation.

If you are involved in a child custody dispute or believe that one may be on the horizon, you should speak to an experienced New Jersey family law lawyer as soon as you can. Attorney attorneys of Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, PC is qualified to represent you in even the most complicated child custody case. To schedule a consultation, call our office today at 732-422-1000 or send us an email through our online contact form.

The Impact Child Custody Can Have on Your Family

Getting a divorce often has a significant impact on every aspect of your life. This is particularly true for couples who have children, who can also be substantially affected by a divorce. One of the most important factors in determining how a family will be affected by a divorce is the child custody arrangement that is put in place after the dissolution is finalized. A child custody order will determine issues regarding decision-making authority regarding important issues as to how a child is raised and determine the amount of time each parent can spend with the child.

There are a number of ways that a child custody arrangement can affect your family, including the following:

  • Determine which parent the child lives with
  • Significantly reduce one parent’s access to his or her child
  • Prevent one parent from moving or exploring professional opportunities in other geographic areas
  • Keep parents in contact with one another when they would otherwise end their relationship
  • Expose children to stressful situations due to the issues in their parent’s relationship

A New Jersey Family Law Attorney Can Have a Significant Impact on the Outcome of Your Child Custody Dispute

New Jersey has significant discretion when making child custody decisions and make these decisions in accordance with what they believe is in the best interests of the child. When determining the best interests of the child, courts look to a number of factors, including the safety of the child, the child’s preferences (in some cases), the proximity of the parents’ homes to one another, whether there is any history of domestic violence, the parents’ ability to communicate and agree in regard to matters related to the child, and many others. Importantly, courts are also allowed to consider any other factor related to the best interests of the child, which functionally means that a judge can consider anything that he or she wants to consider. For this reason, it is critical for anyone involved in child custody dispute to retain an attorney. A skilled lawyer will be able to compile and present evidence in support of your custody goals, either by establishing your qualifications as a parent or disputing those of your child’s other parent.

Call 732-422-1000 today for a consultation.

If you are involved in a child custody dispute or believe that one may be around the corner, you should speak to a child custody lawyer as soon as possible. To schedule a consultation with attorneys, call Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, PC today at 732-422-1000.

6 Red Flags your Relationship may be Heading Towards Divorce

Red Flag #1: Your spouse is secretive with their cell phone.

In a relationship, it is very important to trust your partner. But, if your partner has recently become secure and extra sensitive with their phone, this may be a sign of trouble. There may be something on the phone your partner doesn’t want you to see. Keeping phone secrets, or any secrets, indicates a lack of trust and respect in a marriage.

Red Flag #2: Your partner is reconnecting with an ex.

If your partner has been communicating with an ex-lover or “old friend,” it may be a sign that they are feeling left out and looking for support and attention from someone else. Occasional contact with an ex-lover shouldn’t pose any real danger to your relationship. But, contact on a regular basis can become troublesome. If the partner hides their communication with an ex from the other partner or communication with the ex is substituted for communication with the spouse, the marriage may be heading in the direction of divorce.

 Red Flag #3: Your spouse isn’t contributing around the house. 

Are you doing dishes and vacuuming all the time while your spouse sits in front of the TV? It may sound trivial, but if your partner is now lying around all day while you take care of all the household chores, without any sense of guilt, it can strain the relationship. A marriage is all about give and take. Each partner needs to contribute to his or her fair share of chores. Failing to recognize this responsibility indicates a lack of respect in a marriage, which can create resentment by the other spouse.

Red Flag #4: Your partner makes you report everything you buy.

If your spouse insists that you write down everything you spend money on, this is a sign of a controlling spouse. Control should never be used as a weapon in marriage.

Red Flag #5: Your spouse is spending more time engaged in activities than with you.

If your partner is choosing time on the tennis court, shopping, or friends over you, then your relationship may be heading towards separation. It can be easy to become absorbed in activities of everyday life, but in order for a marriage to work, each spouse much put the relationship first. It is vital for every relationship to find time on a daily basis to connect with one another.

Red Flag #6: Your partner is going out with friends and not inviting you.

If your spouse has been indulging in the “singles scene” without you, this should raise an immediate red flag. The status of your relationship may be questionable, if your spouse is constantly going out drinking without you or always meeting up with a “friend” for drinks after work.

attorneys is an experienced divorce and matrimonial law attorney who will protect your interests. The emotional upheaval of divorce does not last forever, but the legal ramifications could. With over 25 years of family law experience, let attorneys help you negotiate your settlement using a variety of procedures, ranging from mediation and arbitration to litigation in court. Call for a consultation today at 732-422-1000.

Family Law Overview

Family law is a large umbrella that encompasses many different aspects, such as marriage and divorce, legal separation, child support and custody, visitation, adoption, paternity, domestic violence, juvenile criminal matters, and child abuse. Matters in this area of the law usually involve a wide range of emotions, from adoptions to divorces, happy occasions, sad occasions, and everything in between. Because this realm of the law typically has a sensitive nature, it’s wise to seek attorney assistance in order to keep your feelings from affecting the legal issue at hand.

Many family law matters, such as divorce or legal separation, can lead to additional complicated issues like alimony, child support, custody and visitation, and the division of property. Property settlement or premarital agreements can enforced by the court in lieu of state laws to determine the rights of both parties. Hiring an attorney experienced in drafting these documents can make the overwhelming emotional process much easier.

In matters of domestic violence, the statute covers current or former spouses, a present or previous dating relationship, parents of a child, an elderly family member, or even a roommate. The court generally issues a restraining order for these matters, but the hearings can be difficult and revisiting physical and emotional abuse brought upon the other party can be traumatic.  This is one reason why it’s important to have a seasoned attorney to assist you so that you are prepared for experience.

Regardless of the matter, family law can be hard to maneuver. The emotional toll that comes with many of these issues can leave you with uncertainty, resulting in a less than satisfying judgment. Hiring an experienced attorney in family law provide you with allied assistance to work with you and to see you through the case. attorneys has the experience necessary to help you through your difficult family matters to make the process as easy as possible. Call today for a consultation at (732) 422-1000.