Schepisi & McLaughlin, P.A.Bergen County Lawyer | Schepisi & McLaughlin, P.A. | Family Law, Business Law, Construction Law2024-03-18T10:30:22Zhttps://www.schepisi.com/feed/atom/WordPress/wp-content/uploads/sites/1201392/2019/11/cropped-site-icon-32x32.pngOn Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493632024-03-18T10:30:22Z2024-03-18T10:30:22ZMarriage requires dedication. Experiencing ups and downs is part of the journey. Sometimes, disagreements even strengthen the bond between two individuals. However, there are instances when marital issues become too great to overcome.
Despite best efforts, these disagreements can become overwhelming, leading to what New Jersey law recognizes as a valid ground for divorce: irreconcilable differences.
Requirements for these grounds
In New Jersey, you can file for divorce due to irreconcilable differences. But it's not as simple as just claiming you and your spouse can't get along. The law requires that these differences have caused your marriage to break down for at least six months, and there's little hope for mending the relationship.The key here is that the differences must be "irreconcilable." They can't just be ordinary disagreements or arguments common to all couples. These are serious, fundamental issues that have led to the ultimate demise of your marriage, which neither you nor your spouse can fix anymore.
Proving these differences
The court needs to see evidence of these irreconcilable differences. This doesn't necessarily mean you have to provide specific details about your disagreements. Instead, you need to demonstrate that you and your spouse have been at odds over fundamental issues for at least six months, and it's unlikely that the two of you will ever reconcile.It can be complex to prove irreconcilable differences because you often need to tell the story of your marital issues and show that you tried, but failed, to resolve them. This is where consulting with a lawyer can be beneficial. A lawyer can guide you through the process, help you understand what kind of evidence you need to provide and how to present it in court.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493622024-03-06T13:28:02Z2024-03-06T13:27:16Zongoing conflict between parents can be more detrimental to a child's development than the divorce itself.
Why divorce might be the better decision
Children learn about relationships from watching you. In a high-conflict home, they may think marriage is about fighting and suffering, which can influence their future relationships. By choosing to end a marriage amicably and respectfully, you show your children that they are not bound to unhappy situations and that they have the power to seek out healthier environments.
Divorce can be a transformative experience that leads to growth and happiness for everyone involved. When two parents decide to part ways, it is an opportunity to create two supportive, loving homes where children can thrive away from the stress of marital discord. With the right support, such as counseling and open communication, children can learn to adapt to the changes in their family structure. They can develop resilience and an understanding that sometimes change is necessary and best for everyone involved.
Being a positive role model to your kids throughout the divorce
As a parent, you can model positive ways of handling challenging situations, which is an invaluable lesson for your kids. Your attitude and actions significantly affect how your children will adjust to the new family dynamics. Reassure them of your unwavering love and maintain as much stability as possible in their daily routines.
Divorce is not the end of a family; it is a reconfiguration of it. Your children can still have the happy, healthy lives you have always wanted for them.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493582024-02-26T16:05:39Z2024-02-26T16:05:39ZThe laws then and now
For more than a decade, New Jersey courts allowed the parent with sole custody to relocate out-of-state with the child even if the non-custodial parent does not consent to it under specific circumstances.
However, the New Jersey Supreme Court has since changed the relocation standard. Allowing a custodial parent to move out of state is possible only if it is in the child’s best interest. There are several questions the courts can ask before deciding on a relocation request:
What is the reason for the move?
Do the parents communicate and cooperate well?
Are there stepsiblings or others who currently have relationships with the child?
Is the child at risk of any abuse?
How stable is the child’s current and potential environment?
Are one or both parents working?
Does the child have a well-reasoned preference?
What is the existing relationship between the child and each parent?
How far away do the parents live now, and how far apart would a relocation take a parent?
These and other relevant factors will help the courts determine whether relocating is in a child’s best interests and supports their well-being. If it is, the courts can grant a parent permission to move away. If the move would do more harm than good for a child, they can deny the request.
Navigating relocation claims effectively
Making a big move like relocating to another state can dramatically impact your child’s daily life and relationship with their other parent. Thus, this is not a decision or request to make lightly or without the help of an experienced attorney.
Before committing to any type of move, review your parenting plan and secure the proper permissions. These steps can ensure you protect your child’s well-being and the parental rights involved.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493572024-02-13T19:53:11Z2024-02-13T19:53:11ZThedivorce process becomes more complex when there is a child involved. Both parents are still responsible for taking care of their child until adulthood, even after the divorce. Child support is one issue that separating parentsmight find confusing. What should be considered in calculatingchild support? Fortunately, the New Jersey court set out guidelines for computing child support.The New Jersey Court’s Child Support Guidelines follows an income shares model, highlighting the importance of shared financial responsibility among parents. This means that, taking into consideration the income of each parent, child support is the pooled amount that the child would have if the family remained “intact.” Here are the important items that are accounted for in determining the amount of child support:
Housing: This includes all expenses needed to maintain a home, including rent, maintenance and security fees, appliances and furniture, and other supplies needed.
Food: This includes all food and non-alcoholic beverages bought, whether it is eaten at home or outside.
Clothing: This refers to all clothing bought, including costs for repairs, alterations, and cleaning.
Transportation: All costs for owning and maintaining an automobile, as well as costs related to public transit.
Health care: This refers to medical and dental expenses, including medicines. Health insurance is an exemption.
Entertainment: These are expenses related to social events, lessons, or other recreational hobbies.
Miscellaneous items: Other expenses to ensure the best interest of the child, like personal care services and products, are classified as miscellaneous items.
While the list does not include expenses for education, the law expects separating parents to consider this in their agreement. The court could also recommend including this as a supplemental expense.Divorce not only affects the couple, but it also affects the whole family. Child support ensures that their child continues to live a healthy and comfortable life. If you are unsure how to proceed with arrangements on child support, it is always best to reach out to a family law attorney.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493552024-01-30T18:43:14Z2024-01-30T18:42:04ZGrounds for both are the same
Whether you're filing for an absolute divorce or a divorce from bed and board in New Jersey, the grounds are the same. These include reasons such as irreconcilable differences, extreme cruelty, adultery and desertion, among others. So, the legal reasons to separate or end your marriage remain the same, regardless of the type of divorce you choose.
Key difference between the two
While the grounds for divorce are the same, the outcomes of these two types of divorces differ significantly. An absolute divorce completely ends the marriage. Both parties can remarry, and all legal and financial ties are severed.
On the other hand, a divorce from bed and board is a kind of limited divorce or legal separation. You live separately and your financial assets are divided, however, you remain legally married and cannot remarry unless you obtain an absolute divorce.
Choosing the most suitable type
Why might a couple choose one type of divorce over the other? The reasons can vary. Some might have religious, moral, or personal beliefs against ending a marriage. Others might need to consider health insurance implications. For instance, if a spouse has significant medical expenses or requires constant care, staying married might enable them to retain necessary health insurance. In such cases, a divorce from bed and board could be a wise financial choice.
Depending on your situation
Choosing between a regular divorce and a divorce from bed and board depends on your specific situation and goals. Given the potential legal implications of both choices, it could be beneficial to consult a legal professional if you're considering divorce. They can provide guidance tailored to your specific situation and chosen path.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493532024-01-22T22:06:21Z2024-01-22T22:06:21ZClosing costs
Most home buyers obtain mortgage preapprovals before they start to look at properties. Doing this tells them how much they can borrow and how much their monthly mortgage payments are likely to be, but it does not inform them about all of the fees they will have to pay. Closing costs in a real estate transaction usually range from 2 percent to 6 percent of the property's purchase price, which can be a lot of money in a state like New Jersey where home prices are fairly high. Some of these expenses are negotiable, and the seller may agree to pay some of the closing costs to make a deal.
Credit scores and property taxes
First-time home buyers often take steps to improve their credit scores before they venture into the real estate market, but sometimes they do more harm than good. Closing accounts can cause credit scores to drop, and this is especially true if credit card balances are consolidated before accounts are closed. Property taxes may increase after a home is sold, so it is always a good idea to ask the seller if they have any exemptions. Another expense that catches first-time home buyers off guard is private mortgage insurance. Sellers require this coverage when home buyers put down less than 20 percent of a home's selling price, and it can be as much as 1.5 percent of the loan amount.
Avoiding mistakes
Buying a home for the first time can be an exciting experience, but unexpected costs, property tax surprises and lender fees can make the process less enjoyable. If you are thinking about buying your first home, you should ask plenty of questions, anticipate unforeseen expenses and avoid making mistakes that could lower your credit score.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493512024-01-19T08:37:22Z2024-01-19T08:37:22ZJust and fair distribution
In New Jersey, the couple's acquisitions during the marriage, like houses, cars, and money, fall under "marital property." However, the system does not include gifts (unless one spouse gives them to the other), items one spouse bought before the marriage or inheritances. The court regards these as "separate property." Upon divorce, the court lets the owner keep this separate property. It doesn't distribute it to the other spouse.
Dividing marital assets, debts and others
When dividing marital property, the court goes through a three-step process:
Figuring out what property needs to be divided
Determining how much that property is worth
Deciding a fair way to divide that property
The court looks at several things to determine what's fair. This includes how long the couple was married, how old and healthy each person is, how much money each person makes, any debts they have and how they lived during the marriage. It also considers the financial situation of each spouse, the existence of prenuptial or postnuptial agreements and the contributions each spouse made to the shared property, including non-financial contributions like housework and childcare.
For example, if one person quit their job to take care of the kids or the house, the court will take this into account. New Jersey recognizes that this kind of work is very valuable in a marriage. So, this could influence the way it divides assets in the divorce settlement.
Importance of assistance during a divorce
Divorce is rarely straightforward, especially when complex issues like property division or child custody come into play. Some can even be emotionally draining and stressful due to the high stakes involved and the personal feelings that can cloud judgment. So, divorcing couples should consider seeking a family law attorney. They can best explain the finer points of the divorce process to ensure their interests are well represented.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493502024-01-09T07:56:53Z2024-01-08T14:52:18Zchildren of divorce have a slightly elevated chance of divorcing themselves. However, it also quickly points out that parental divorce is not the sole determinant of how a child’s eventual marriage pans out. Other factors, such as the severity of discord and financial status, may also come into play.
Knowing how divorce can affect how a child builds relationships later in life can help parents determine how to reduce potentially negative consequences.
A divorce’s ripple effects on a child vary
There have been several discussions on how divorce can adversely impact a child’s future connections, and some of the most common effects include:
Poor communication skills
Low commitment levels
Physically aggressive behaviors
Increased sexual risks
Another research reveals that divorce can also positively transform a child’s perspective, strengthening their outlook regarding loving and loyal relationships. Their challenging experiences may also expedite the development of their maturity and independence.
Preserving a child’s view of love
There is no cut and dry answer as to how a child will form relationships as an adult after living through their parents’ failed marriage. However, parents can control how they raise their child and create an environment that shows them what love can look like amid changing family dynamics. As their child’s needs continue to evolve, parents can turn to their New Jersey legal counsel for support and guidance.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493482023-12-22T11:33:09Z2023-12-22T11:33:09ZSome parents may fail to meet scheduled payments because of financial issues and other concerns. Still, it is vital to address noncompliance when it becomes repetitive, turning into a habit. Allowing it to go on can have grave repercussions, impacting the child and their ability to afford necessities.
If a parent is failing to fulfill their child support payments, the court can enforce the arrangement by ordering various actions, including the following:
Setting hearings and producing warrants
License suspensions
Taking out the overdue amount from income or tax refunds
Putting liens on the parent's assets
Taking the payments off from compensation arising from lawsuits
Additionally, the court can cover the payments by intercepting winnings from the lottery or ordering sanctions, such as denying the parent's passport. Issues involving child support are serious matters that may have severe consequences, especially if the noncompliant party continues to miss payments.
Adjusting child support accordingly
A parent may be unable to make child support payments because of extenuating circumstances, impacting their income and livelihood. If so, adjusting the support amount and modifying the order might be appropriate. These options are sometimes inevitable, mainly if recent developments significantly affect the parent's life.
When facing child support issues, it can be beneficial to seek legal counsel immediately. Doing so can reduce the risk of facing sanctions for noncompliance and determine ways to address obstacles that make it challenging to pay for child support correctly.]]>On Behalf of Schepisi & McLaughlin, P.A.https://www.schepisi.com/?p=493472023-12-12T14:12:58Z2023-12-12T14:12:58ZThe common coverage of a support order
Generally, a support order covers a child’s basic necessities, such as food, clothing, shelter, education and health care needs. However, it can also include other expenses that will further the child’s growth and development, such as costs for recreational activities and travel. Ultimately, the court will decide on the coverage based on the child’s best interests.
How courts determine support terms
In New Jersey, courts use specific guidelines to determine the amount and duration of child support. When calculating child support, judges use a complex formula based on factors such as the parents’ combined net income, the number of children, the cost of day care and health care and other relevant considerations.
Unless the use of the guidelines is inappropriate given the circumstances, there is an assumption that support awards based on the guidelines are correct.
Grounds for support modification
Parents can request the court to review and change the terms of the support order every three years if the support amount would change based on the current income and living situation of each parent and the child.
It is also possible to petition the court to modify the support order before the three-year period if there are substantial and unanticipated changes in circumstances that are expected to be permanent or last for a long time.
Rules on child support can be complicated and overwhelming. Nonetheless, knowing the basics can help you understand the process better and maintain your expectations. In case of doubts, seeking guidance from an experienced legal representative can help you find the answers you are looking for.]]>