Archives: FAQs
Courts typically enforce prenuptial or postnuptial agreements even if a spouse later decides that the terms of the agreement have become unfair to them. A spouse may convince a court to invalidate an agreement if they prove their consent to the agreement was obtained through fraud, coercion, or undue influence by their other spouse or…
A business valuation during divorce can help you and your spouse fairly settle the issue of the division of assets in your divorce. A business valuation for a divorce may not use the same evaluation standards as a valuation for sale to a third party. By understanding the actual value of a business or ownership…
When the court determines that your business interest qualifies as a marital asset, it becomes subject to equitable division in divorce. If you don’t want to split your business ownership interest or if the business’s bylaws/operating agreement prohibits transferring ownership interests, you may have the option of balancing out the portion of your interest equitably…
Although same-sex couples became able to get married nationwide in 2013, this did not automatically convert any other legal relationships, such as domestic partnerships or civil unions, into marriages. Same-sex couples with such relationships still had to obtain a marriage license to become legally married. Same-sex partners with a domestic partnership or civil union who…
If you adopted your and your partner’s child or were listed as your child’s parent on their birth certificate, you can obtain custody rights to your child. New Jersey takes a gender-neutral approach to child custody, recognizing that both parents should play a meaningful role in children’s lives. Courts may treat all children born or…
Under court rules, a spouse served with divorce papers only has a few weeks to file an answer to the divorce complaint. You can lose critical rights if you don’t file a timely answer. However, under the federal Service members Civil Relief Act, active-duty service members may ask the court to delay or “stay” a…
Although the military provides legal assistance attorneys at many bases and installations, these attorneys typically cannot represent you in your divorce. While military legal assistance attorneys can review documents and answer your questions, you should hire a civilian New Jersey military divorce lawyer to help protect your rights and interests.
New Jersey allows spouses to pursue “at-fault” or “no-fault” divorces. In a no-fault divorce, your spouse only needs to meet the waiting requirement to obtain a divorce, even if you object to getting divorced. You should contact a New Jersey divorce lawyer as soon as possible to protect your interests if your spouse has served…
No. Even if you and your spouse agree on all the issues in your divorce, you cannot have one attorney representing you and your spouse simultaneously. You and your spouse have adverse interests in divorce, which means that an attorney would have a conflict of interest if they represented you and your spouse. Although you…
Either spouse may file for divorce from the other in New Jersey if either spouse has resided in New Jersey for at least the past 12 months. Even if your spouse moved out of New Jersey or you moved to New Jersey more than a year ago, following your separation, you can still file for…