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Custody and a 50/50 Presumption

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

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

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.