When you have a same-sex marriage, it’s a marriage, so you go through the same process as heterosexual married couples who are divorcing. Domestic partnerships and civil unions have their own subset of requirements to secure that title as well as mandate when you are trying to dissolve that title, so those two designations, domestic […]
Legal Issues
How are same-sex marriages, domestic partnerships, and civil unions treated when it comes to divorce?
Can a recipient ask for a spousal or child support increase to reflect a payor’s improved financial situation?
If the payor experiences a positive change, the payee can request an increase in child support and the child support orders may be modified upon a prima facie showing of changed circumstances. However, the purpose of spousal support is to maintain the former marital standard of living if possible; therefore, an increase in the payor’s […]
How does a judge decide on a shared parenting schedule if both parents can’t come to an agreement?
Is an unmarried couple treated the same as a married couple who is divorcing?
When you are married, you proceed through a matrimonial docket – often called a divorce docket. When you are not married, you proceed under what’s called an FD docket or a non-dissolution docket; that’s a docket for unmarried parties. In cases where there is a period of cohabitation, and someone is seeking division based upon […]
Can an ex-spouse apply to have spousal or child support reduced or terminated?
Yes, if the payor experiences a substantial change in circumstances, he or she may apply to have his or her support obligation reduced or terminated. There is a two-step process in determining whether modification of alimony is appropriate: (1) whether there was a prima facie showing of changed circumstances, and (2) whether the supporting spouse […]
Can permanent orders be modified for any reason?
Not always. Settlements are deemed final. The parties each rely on knowing the terms of their settlement in order to plan their future lives. The Court will enforce its orders. The terms of an agreement are long lasting and enforceable. This is why it is very important to have experienced legal counsel represent you and […]
On what basis can a divorce be granted in New Jersey?
There are a variety of factors under the statute for divorce, but typically, a divorce is granted based upon irreconcilable differences. There could also be cruelty, adultery, or domestic violence involved. There could be many reasons for the granting of the divorce, but most of the time, we see irreconcilable differences. Fault is not a […]
If the Court has issued a temporary order, can it be modified later?
A “temporary order” is also known as a Pendente lite order. A Pendente lite decision is arrived at based on written submissions called “motions” to the Court. The facts and written evidence submitted to the Court by both of the litigants along with oral argument of the attorneys for the parties are considered by the […]
What can a parent legally do to protect their children from their ex who has a history of abuse or addiction?
The proper way to address those types of concerns is to bring the matter to the attention of the court. That’s done by the filing of a petition, which might seek to limit the parenting time of the other parent or control or restrict the activities of the other parent undertaken in the presence to […]
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