Divorce & Family Law

I Want my Kids to Go Back to School but my Ex-spouse Wants to Keep them Home. What Should we Do?

August 23, 2020 | by Aretsky Law Group

Sharing child custody with an ex-spouse can be difficult enough even when there are no major disagreements between you about medical or educational issues. It is rife with compromise even when there is no global pandemic going on. But the Covid-19 pandemic and subsequent school closings have posed unprecedented challenges for parents, especially working parents, and with the new school year about to start, those challenges are coming to a head.

In New Jersey, divorced parents have both physical and legal custody arrangements. Physical custody determines which parent the child lives with the majority of the time. Legal custody refers to the right to make decisions about the child’s upbringing, including matters of health care, education, and religious affiliation. If one parent has sole legal custody, it means that parent makes all the decisions pertaining to those matters. In the case of two fit parents, New Jersey family courts tend to favor arrangements where both parents share joint legal custody, meaning that both have equal input on these issues. It’s in the latter case where problems can arise when parents don’t see eye-to-eye.

Local public school districts in the state are in the process of deciding whether students will return to in-person classes this fall, attend class remotely via computer, or a hybrid of both. The issue has sparked controversy and debate across the state and country, with many families feeling strongly that their children should be in the classroom, and others feeling just as strongly that it’s unsafe to send their kids back to school while the disease is continuing to spread.

January is Popular Divorce Month in New Jersey

January 4, 2020 | by Aretsky Law Group

According to many legal experts in New Jersey, January is the most popular month for divorce to occur. Nationally, the divorce filing rate in January is one third higher than the rate in other months. In fact, Google searches for divorce related topics have peaked in January, historically between the Jan 6 and Jan 12 time period.

Many legal and relationship experts note that this may occur since many couples view January as the time to embark on New Year’s resolutions and new beginnings. The holiday season also may cause a delay in divorces, since many parents want to maintain a sense of harmony for children during the holiday season in November and December.

There is also a financial component that may drive the trend of January divorces. For example, many parties may feel that if they file for divorce earlier in the year, assets such as end-of-year bonuses will not count towards total marital assets. Many tax professionals also advise couples to wait until the new year in order to consider additional legislation and potential tax breaks.

Equitable Distribution vs Community Property in a Divorce

November 29, 2019 | by Aretsky Law Group

Arguably, the equitable division of shared assets is one of the primary concerns that couples consider when proceeding with a divorce. According to New Jersey law, equitable distribution is defined as the “distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage”. Marital assets are typically defined as those which are acquired between the date of marriage and the date on which the complaint for divorce is filed.

Notably, there is a distinction between equitable distribution and community property. In states that practice equitable distribution, assets acquired during marriage belong to both parties regardless of title to said property. During a divorce, this property may be distributed by the courts in a variety of ways.

Factors often include:

Understanding Joint Custody in a Divorce

September 24, 2019 | by Aretsky Law Group

When pursuing a divorce, child custody is one of the primary factors to consider for parents. Historically, women in the United States have traditionally assumed the role of primary caretaker following a divorce. However, this trend has changed, which has opened up a larger dialogue and debate about the pros and cons of joint custody agreements.

What Are Joint Custody Agreements?

Joint custody agreements allow both parents to have equal responsibilities in the child-raising process.

A Guide to Prenuptial Agreements in New Jersey

September 5, 2019 | by Aretsky Law Group

If you are entering a New Jersey marriage, it may be wise to consider a pre-nuptial agreement before officially tying the knot.

What is a Prenuptial Agreement?

A prenuptial agreement is a popular way to safeguard your assets and financial security in the event of a divorce. Prenuptial agreements protect a variety of pre-marital assets including real estate, investment accounts, trusts, and foreign assets. Notably, if a couple is seeking a prenuptial agreement in the state of New Jersey, both parties must disclose all assets and obtain independent legal counsel.

As the U.S. Divorce Rate Rises for 55+ Age Group, What Should You Consider When Filing for Divorce?

August 20, 2019 | by Aretsky Law Group

A recent article from the Wall Street Journal illustrates a declining divorce rate in the United States. Since, 1979, the United States divorce rate has fallen 29% from 22.6 out of each 1,000 marriages, to 16.1 out of each 1,000 marriages. Many researchers attribute this decline to delayed marriages. For example, the median age of marriage for woman has increased from 20 years old in 1963 to 27 in 2017.

Interestingly, the divorce rates among age-categorized groups was not as uniform. The divorcer rate for couples under 54 years old consistently dropped, though the trend was reversed as individuals neared 55 and above. This category of “gray divorces” experienced a nearly doubled rate since 1979. Many researchers note that the rate of divorce is particularly high for this age group – which consists of baby boomers – since this group is more likely to be on their second marriage, which has a statistically higher rate of divorce.

If divorce is something going through your mind, there are some steps to take to ensure that you pursue it in a way that is ideal for you and your family. Primarily, understand your objectives of the divorce. If you and your spouse agree on all of the most important matters, then an uncontested divorce may be possible. These issues include child support and parenting arrangements; spousal support, better known as alimony; and distribution of marital property.

How to find a divorce lawyer near me

January 1, 2019 | by Aretsky Law Group

Divorce lawyer near me

Finding the right divorce attorney for your matter can be a challenging and difficult process. From your perspective, you may want a “negotiator” rather than a “pit bull”, or vice versa. That is why you are encouraged to research the reputation of several different divorce lawyers and schedule in person meetings with each of them. Many divorce lawyers offer free initial consultations.

As reported by CNBC there are many factors to consider prior to retaining a divorce lawyer. Below are some of the most important factors to consider:

Social media can be used as evidence in divorce cases

September 4, 2018 | by Aretsky Law Group

If you are involved in a New Jersey divorce, about to file for divorce, or believe that your spouse is contemplating divorce, you should be aware that social media can be used both for and against you. While it is always wise to think twice before emailing, texting, or posting, it is especially important to do so when divorce is an issue. Remember, messages that take an instant to transmit cannot be taken back once you hit that “send” button.

The use of all types of social media by New Jersey divorce attorneys has increased steadily over the past several years. What you say, text, email, or post can be used against you as your divorce proceeds. On the other hand, an experienced New Jersey divorce lawyer can also use your spouse’s posts to support your allegations.

Social media postings, etc., can be used…

The Dangers of a New Jersey Do-It-Yourself Divorce

November 14, 2017 | by Aretsky Law Group

Do-It-Yourself Divorces in New Jersey Are Legally Dangerous

Requirements for Filing for a New Jersey Divorce

If you and your spouse have decided to divorce and have a reasonably amicable relationship, you might be tempted to get a “do-it-yourself (DIY) divorce.” Maybe you’ve seen the internet packages that offer the possibility of a quick, inexpensive way to end your marriage. The prospect of proceeding without attorney fees are enticing, but in most cases, a DIY divorce is not recommended. The main reason is this: You don’t know what you don’t know!

Handling Parental Alienation in New Jersey

September 12, 2017 | by Aretsky Law Group

Our New Jersey Divorce Lawyer Discusses the Issue of Parental Alienation

Divorce is often contentious. When one of the parties harbors feelings of anger and betrayal, then it can lead to some degree of parental alienation. When that behavior becomes obsessive, true parental alienation occurs and can endanger the relationship with your child. If you suspect that your child is intentionally being driven away from you, then you need the assistance of a New Jersey parental alienation lawyer.

While New Jersey judges vary in the way they treat parental alienation, they do all agree that it is usually in a child’s best interests to maintain a positive relationship with both parents. Your Aretsky Law Group, P.C., parental alienation attorney will do all that is necessary to protect your child custody and parenting time rights.