Schepisi & McLaughlin, P.A.Bergen County Lawyer | Schepisi & McLaughlin, P.A. | Family Law, Business Law, Construction Law2026-08-28T10:53:57Zhttps://www.schepisi.com/feed/atom/WordPress/wp-content/uploads/sites/1201392/2019/11/cropped-site-icon-32x32.pngby Schepisi & McLaughlin, P.A.<![CDATA[Can your New Jersey prenup really decide who gets the house?]]>https://www.schepisi.com/?p=495882026-08-28T10:53:57Z2026-08-28T10:53:57ZProperty terms a New Jersey prenup can cover
A New Jersey prenup can set clear rules for a home owned before or during marriage. It can define ownership, cover financial contributions and state what happens if the property is sold or one spouse buys out the other. These agreements typically address several property-related questions, including:
Premarital ownership: A prenup can keep a home owned before marriage as separate property and exclude it from equitable distribution.
Marital home: A prenup agreement can state how a home bought during marriage will be classified and divided.
Mortgage and improvements: A prenup can address whether mortgage payments, renovations or other contributions create an ownership interest in separately owned property.
Sale or buyout: A prenup can set rules for a sale or allow one spouse to buy out the other’s interest.
Appreciation: A prenup can state whether an increase in a separately owned home's value remains separate or receives different treatment.
These terms are most effective when the agreement identifies the specific property by address, and both spouses fully disclose their financial situations before signing.
Factors New Jersey courts consider when a prenup is challenged
A New Jersey court may question a prenup if its terms are unclear or the agreement was not properly signed. Clear language should identify the home, ownership rights and financial duties tied to the property.
Courts typically look at whether:
The agreement clearly identifies the property at issue
Both spouses provided complete financial disclosure before signing
Both spouses signed without fraud, coercion or undue pressure
Each spouse had enough time to review the agreement and seek legal advice
Each spouse had the opportunity to consult independent counsel before signing
Courts may also examine whether the agreement's terms were unconscionable at the time of signing, meaning so one-sided that enforcing them would be fundamentally unjust. If a court finds unconscionability, it may decline to enforce those terms.
How to make a prenup's property terms more enforceable
A prenuptial agreement that addresses the marital home specifically and completely is far more likely to hold up if the relationship ends. New Jersey courts tend to uphold agreements that include precise property descriptions, full financial disclosure and evidence that both spouses signed voluntarily. Reviewing the property terms with a family law attorney before signing can help identify vague language or missing provisions that might otherwise lead to a dispute if the relationship ends.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Can a parent deny visitation in New Jersey?]]>https://www.schepisi.com/?p=495872026-08-21T13:53:14Z2026-08-21T13:53:14ZValid reasons to stop visitation
New Jersey family courts always put your child's safety first. Only a judge can change or freeze court-ordered visits. A court will usually step in only if you have clear proof that your child is in immediate danger. Valid reasons include:
Drug or alcohol use during visit hours
Documented physical, sexual or emotional abuse
Severe, untreated mental health issues that put the child at risk
Domestic violence or real threats to take the child
In these serious situations, taking immediate legal action is essential to ensure your child's well-being.
Invalid reasons to stop visitation
Parents often make the mistake of blocking visits over personal fights. New Jersey law makes it clear that these reasons do not allow you to stop visits:
Unpaid child support: Child support and visit rights are two totally separate issues. Blocking visits because an ex owes money is illegal.
Personal fights: Being angry with your ex does not let you break a court order.
The child refuses to go: Minor kids cannot choose to skip visits. You must actively encourage your child to go.
If your child is in immediate danger, call the police right away and file an emergency court order to pause visits. If your ex keeps breaking the schedule without an emergency, you can file a motion to enforce litigant's rights. A judge can give you extra make-up visit time, fine the other parent, make them pay your lawyer fees or even change who gets primary custody.
What you should do next
Working through visit disputes takes careful legal steps. Talking with an experienced New Jersey family law attorney can help to protect your parental rights and fight to keep your child safe.
]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Can you reopen property issues after divorce?]]>https://www.schepisi.com/?p=495852026-08-20T14:16:32Z2026-08-20T14:16:32ZWhen might a court revisit property issues?
New Jersey court rules allow you to seek relief from a final judgment for specific reasons. Newly discovered evidence may support a request. Fraud, false statements or misconduct by your former spouse could also give the court a basis to review the result.
For example, you might later find proof of an account that your former spouse should have disclosed during the divorce. That discovery could matter if leaving out the account affected how you divided the property. You generally have one year from the date of the judgment to ask a court to review a property settlement based on newly discovered evidence or a mistake.
Why do your divorce records matter?
If you ask the court to revisit a property issue, divorce records may help show what each spouse disclosed. Tax returns and account statements could identify assets that appeared during the case.
Your settlement agreement and final judgment show how you divided the property. Comparing them with earlier or later financial records might reveal an asset the settlement did not address.
Keep your records organized
Finding an undisclosed asset after divorce may raise issues that require further court review. Consider keeping your divorce papers and financial records together so you have the key documents available. An organized record could help you follow the disputed issues and prepare for the legal process with a better sense of what may come next.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How job loss affects child support in New Jersey]]>https://www.schepisi.com/?p=495842026-07-27T10:03:06Z2026-07-27T10:03:06ZNew Jersey law also recognizes that parents may experience genuine financial hardship through no fault of their own. It is important for you to recognize your rights in such circumstances.
How to prevent legal trouble
If you stop paying child support without court approval in New Jersey, missed payments will keep piling up as debt and the state can take money straight from your unemployment checks or tax refund. To avoid such situations, you should understand your options if you are facing unemployment while paying child support in New Jersey:
The changed circumstances standard: Either parent can ask the court to modify a child support order if they experience any significant change in their financial status, such as an involuntary job loss. The parent applying for modification of the order will need to prove that the change in circumstance is substantial and continuing.
Prove the financial hardship: When requesting to modify your child support order, you must provide the evidence that you lost your job involuntarily, that you’re currently facing financial hardship and that you’re actively looking for new employment.
If the court grants your request, it will recalculate your payments using New Jersey Child Support Guidelines. The court looks at both parents’ income, health insurance costs and childcare costs to decide child support. The court can adjust the amount when the guideline calculation would not be fair in a particular situation.
Building a stable future
The unemployment period can be a time of stress, financial struggles and emotional strain. During this difficult period, it’s important to understand New Jersey child support laws to help you manage your obligations responsibly. Knowing your legal rights can create a calmer space where you can focus on finding a new job and starting again without the constant fear of child support becoming an additional burden.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How will digital assets be split during a divorce in New Jersey?]]>https://www.schepisi.com/?p=495832026-07-20T07:03:02Z2026-07-20T07:03:02ZDigital property as part of the marital estate
In New Jersey, property division reaches beyond homes, bank accounts and retirement funds. Digital holdings can also count as marital property if either spouse acquired or developed them during the marriage. New Jersey equitable distribution rules may also apply when cryptocurrency, subscription income or other digital revenue streams become part of the marital estate.
Valuation often creates the biggest challenge
Some digital assets have a clear market value. Others depend on revenue trends, audience engagement or business performance. That makes valuation harder, especially when an asset produces income but does not fit a traditional category.
What facts can shape the outcome?
Digital assets often require a closer look at how and when they gained value. In many cases, the analysis may involve:
When the asset came into existence
Whether marital funds helped grow it
How the asset generated income
Whether one spouse managed it directly
How stable or speculative its value appears
These facts can clarify whether the asset belongs in the marital estate, remains separate property or falls somewhere in between.
Division may require more than splitting an account
Some digital assets can be sold and divided. Others may stay with one spouse while the other receives different property to balance the overall distribution of assets. That issue often comes up when the asset depends on one person's continued involvement, such as an online business, a content channel or a revenue-producing platform.
The practical details can matter just as much
Even after spouses decide who keeps a digital asset, the work may not be over. Access to accounts, private keys, payment platforms and revenue dashboards can all affect whether the division actually works. If the asset functions more like an ongoing company than a simple account, issues tied to divorce involving a business may become harder to untangle. A lawyer can help you work through both the valuation questions and the practical problems that come with dividing digital property.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Why should you be concerned about double counting?]]>https://www.schepisi.com/?p=495822026-07-16T10:46:30Z2026-07-16T10:46:30ZDivorce can become a complicated affair for New Jersey business owners, especially if it involves division of business assets, as it exposes them to “double counting.” It is a commonly overlooked problem by the people who are undergoing divorce. Here is what you need to know about it.
What is double counting?
During marital property division, spouses often encounter double counting where one particular stream of income undergoes accounting for twice: once to calculate the business’s value for a buyout and again to determine spousal support. Let’s say you own a boutique. During the equitable distribution phase, a forensic accountant uses your shop’s net profits to value the company and you pay a lump sum to buy out your spouse’s share. Later, while determining spousal support, the judge looks at those same boutique profits as personal income to calculate the spousal support. Something seems amiss, doesn’t it? How can you legally count a dollar twice?
The case that set the precedent
Steneken v. Steneken became a landmark case after the New Jersey Supreme Court ruled that it is not necessarily illegal to count the same income twice. The basis for this ruling is the argument that the business valuation and spousal support serve two different legal purposes. However, it also held that the ultimate distribution should remain fair.
What this means for your business
While the New Jersey courts generally allow double counting, every case is treated differently by the court. The judges often factor in your company’s finance and your financial situation before arriving at a conclusion. With the help of an experienced high-asset divorce attorney, you may be able to make a reasonable deal.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Using a prenuptial agreement to protect separate property]]>https://www.schepisi.com/?p=495722026-06-22T23:39:06Z2026-06-22T23:39:06ZDivorce can endanger separate property
Spouses typically share their income and assets with one another, but they may have property that belongs to each spouse separately. They can potentially retain those assets if the marriage ends in divorce.
Resources that people accumulated before marriage or purchased with premarital income can be separate when spouses divorce. However, insufficient financial records and claims of commingling can endanger property.
When spouses draft prenuptial agreements, they generally need to make thorough financial disclosures to one another. Those disclosures should include inventories of pre-existing resources, as well as any outstanding debts. Spouses can negotiate agreements that allow them to keep those assets as separate property if they divorce.
They can even make arrangements in advance for maintaining separate property without exposing those resources to claims of commingling in the future. Houses, businesses and financial accounts can remain separate if spouses acknowledge those assets in a contract.
For those who already have valuable property prior to marriage, a prenuptial agreement can be an important investment. Negotiating balanced terms with a spouse can help people preserve their resources and avoid contentious divorces.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How using social media can weaken your position during a divorce]]>https://www.schepisi.com/?p=495712026-06-22T14:21:34Z2026-06-22T14:21:34ZYour posts can become evidence
Anything you post on Facebook, Instagram or other social media can be used as evidence in your divorce case. Privacy settings offer limited protection. Friends can screenshot your posts, and others may still see them.
It is important to understand that social media content is also subject to formal discovery requests during divorce proceedings. This means your spouse's attorney may legally compel you to provide access to your accounts, including private messages and posts you thought were protected. If you refuse, the court can penalize you.
Posts about expensive purchases, vacations or new relationships can affect spousal support, child support or property division. For example, if you claim financial hardship but post pictures of luxury items or expensive outings, this can hurt your credibility in court.
The impact of social media on child custody
If you have children, your social media activity could influence custody and parenting time decisions. Photos or posts showing risky behavior can raise questions about your parenting. This could include pictures of you drinking alcohol frequently, posts showing you out late on nights when you have the children, photos suggesting drug use or content displaying aggressive or inappropriate behavior.
You should also be mindful about posting pictures of your children during the divorce process. Sharing details about your parenting time or making negative comments about your co-parent online could reflect poorly on you. Courts in New Jersey generally prioritize the best interests of children. Judges may view disparaging posts about the other parent as harmful to the children's well-being.
How to protect yourself on social media
Limit your social media use during your divorce or be very careful about what you post. You might think about adjusting your privacy settings, though remember that these do not guarantee complete protection. Avoid posting about your divorce, your spouse or your legal case.
It may also be helpful to refrain from posting about new romantic relationships. These posts can raise questions about your parenting, suggest misconduct or affect support decisions.
Similarly, avoid posting about financial matters or anything that could be viewed negatively in the context of your divorce. Courts can also review your likes or comments. Some people choose to take a break from social media entirely until their divorce is finalized.
Protecting your interests during the divorce process
Managing your social media presence carefully during divorce can help you avoid unnecessary complications. Think before you post. Your actions on the internet can affect your case and your future. Taking a cautious approach now may strengthen your position and allow you to focus on achieving a fair resolution for your future.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[4 tips for explaining your divorce to the kids]]>https://www.schepisi.com/?p=495702026-06-18T19:36:14Z2026-06-18T19:36:14ZDeciding to divorce while your children are still minors is likely something you have heavily debated. Now that the decision is made, you’ll need to give some thought to how best to tell them what is happening. While every family is unique, the following tips should help you break the news.
1. Spare them the details
Your children do not need to know why you are divorcing -- they just need to know that you are. It’s typically best to keep the reasons private from them, since adult subjects should remain between adults. Do not "bad-mouth" their other parent, regardless of the facts.
2. Start simply
Don’t try to tell the kids everything at once -- especially if you do not yet have the answers about where everybody will live and what life will be like after the divorce. The news that you are divorcing is so huge that they probably won’t hear anything you say immediately afterwards anyway.
3. Address their fears
What your children really need to know is how this decision will affect them. How will their lives change, and how will they stay the same? It’s important to tell them that you will both still love them and that they’ll still get to see a lot of both of you (in most cases, at least). If you intend for them to continue at the same school or keep living in the same house, let them know.At the same time, it’s important to reassure the children that they did not cause or contribute to you divorcing. Kids can have a vivid and random imagination and often decide that something they did somehow caused the breakdown of their parents' marriage.
4. Time it carefully
The news of your divorce is always going to upset them, so just find a moment when they have time to cry their eyes out, then recover somewhat before they need to do anything important. So, not the night before they head off to summer camp or as you drive them to school. If you have more than one child, try to tell them together.While it is important not to hold off too long before telling them, you might want legal guidance first, so you can better answer some of the questions you and they might have.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Can a parenting coordinator help with custody conflicts?]]>https://www.schepisi.com/?p=495512026-05-28T12:45:44Z2026-05-28T12:45:44ZWhen repeated disputes need structure
You and your co-parent can agree on a neutral professional, or a judge can make the appointment. Under New Jersey Court Rule 5:8D, a court may appoint a parenting coordinator after a temporary or final custody order is entered, along with a parenting plan. However, the court cannot appoint one if there is an active temporary or final domestic violence restraining order, unless the victim explicitly requests it.
This option can be useful when the same problems keep coming up, such as:
Pickup and drop-off details
Holiday or vacation changes
Child care arrangements
Extracurricular activities
Daily routines between homes
These issues can seem small, but repeated conflict creates stress.
What a coordinator can and cannot do
This neutral third party listens to both sides to help you reach an agreement. If you cannot agree, they provide written recommendations.
Under New Jersey guidelines, a parenting coordinator's recommendation becomes binding on the parties unless an objection is made and a timely motion or order to show cause is filed within the deadline specified in your individual order of appointment. Because of these deadlines, it is vital to read the appointment order carefully.
A coordinator cannot change legal custody or physical custody. They also cannot make recommendations about financial issues. If the issue involves changing the arrangement, support or relocation, a judge may need to review it.
What to consider before starting
Before starting, review your parenting plan, gather messages or calendars showing repeated problems and check how you will divide fees. A parenting coordinator is usually a private expense, not a free court service. Your order or retainer agreement should explain each parent’s share of the cost.
Reducing daily conflict with a clearer process
While a coordinator will not eliminate every conflict, they provide a structured path to resolve daily disputes. If recurring issues are affecting your child’s schedule, understanding this option can help you decide what step to discuss next.]]>