Custody and a 50/50 Presumption
New Jersey statutory and case law historically has taken the approach to prioritize the child’s best interests and rights to maintain relationships with both parents. The Court must apply the factors in N.J.S.A. 9:2-4 and take into consideration applicable case law to determine whether parties shall share joint legal custody or one party shall have sole legal custody and make a determination as to the physical custody of the children.
Navigating a New Spouse’s Income After Remarriage in Support Applications
The divorce decree is final, but life goes on—and often, remarriage happens. When a parent or former spouse files an application to modify child support or alimony (a Lepis changed circumstance application), one of the biggest hurdles is getting a clear picture of their income, especially if they are now filing a joint tax return with their new spouse.
Divorce Delays and Their Impact on Family Formation
The timeline for finalizing a divorce in New Jersey has increased substantially in recent years. Judicial vacancies, limited resources, and a growing volume of family law matters have contributed to prolonged delays for litigants. While these delays affect individuals and families in various ways, one significant and often overlooked consequence is the effect on a person’s ability to form or expand a family.
Can I Remain on my Ex-spouse’s Health Insurance Following a Final Judgment of Divorce?
Upon the entry of a Final Judgment of Divorce, an ex-spouse is no longer considered a “family member” for health insurance purposes and thus, cannot remain on the other party’s insurance plan. Importantly, this terminating event is absolute and cannot be overcome by...
Silent but Potentially Deadly End to the Marriage
Over the past year, the term “Quiet Quitting” has gained significant popularity. This phenomenon is generally characterized as a dissatisfied employee engaging in the bare minimum level of work while actively seeking alternative employment. It should come as no...
The “Gray” Areas Surrounding Divorce for Older Couples
Going through a divorce is emotionally stressful, but this is especially true for older adults. Meanwhile, divorce has become more commonplace for individuals in this age range. To put it into perspective, divorce rates for couples over the age of 65 have more than...