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Divorce Archives

Should I have a mediation or risk taking my divorce to trial?

mediation.jpgIf you are a high-asset couple facing divorce, you have probably received a lot of advice from well-meaning people. Many people who have been through a divorce trial will advise others to settle through mediation. After all, compromising on half of everything is better than risking everything. Whether your divorce will finalize in New Jersey or a Pennsylvania county, the courts will expect parties to do everything possible to stay out of litigation. Let's review some circumstances when mediation may not be a better solution than litigation:

"Wearing the white hat": Four tips on being "the good parent" in a child custody case

With the narrow scope of information that a Judge gets to observe in a child custody case, clients often ask us what they need to do in order to get across to a Judge that they are "the good parent." Our short answer is that our clients need to be able to "wear the white hat" and come into Court with a complete clean slate if they are trying to get a custody Order changed or modified in their favor. family-law1.jpg 

Digital spying becoming common in divorce

Due to the affordability and ubiquity of GPS tracking devices and spyware, checking in on a spouse's whereabouts and activities is alarmingly frequent in divorce. This can involve things like checking email and monitoring social media posts, of course, but there is much more to it than that.

Cohabitation and Terminating Alimony in New Jersey

When an alimony obligation exists between ex-spouses in New Jersey, both the paying and receiving ex-spouses can wonder how a dating relationship of the receiving ex-spouse with a significant other can impact the paying ex-spouse's obligation to pay alimony. Typically, the dating relationship of the receiving ex-Tennessee-Alimony-Law2.jpgspouse is only going to alter the obligation of the paying ex-spouse if a situation called "cohabitation" exists. Broadly, cohabitation is defined as "a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage."

What's Mine Is Yours: When Pre-Marital Real Estate Becomes Marital Property

martial home.jpgWith the growing trends towards lengthy engagements and living together before marriage, more and more couples are assuming "marriage-like" relationships before officially tying the knot. While this may work well at the time, if the parties do marry and subsequently divorce, the debate over when "my property" became "our property" can be tricky, particularly when it comes to the marital home. If a husband or wife bought a property prior to the marriage, that individual may think he or she is indisputably entitled to 100% of that property. However, in New Jersey, that is not necessarily the case, even if the party bought the house before the marriage or purchased it solely with his or her own money.

Do NJ or PA State Laws Apply to My Divorce?

divorce.jpgWhich state's laws apply to your divorce? Sometimes, the answer to this question is not as easy as it may appear. For instance, if each spouse lives in a different state, which state would have jurisdiction to enter a Final Judgement of Divorce if the parties decided to get divorced?& ;

Wife of Founder of Cancer Treatment Centers of America Seeks $400k a Month in Alimony. Here is Why a Court Might Grant It.

alimony.jpgThe multi-millionaire founder of the Cancer Treatment Centers of America, Richard Stephenson, and his wife, Alicia Stephenson, have been locked in a bitter divorce battle for the better part of the last decade, and the case has been on trial in Illinois since October 2016. One of the more contentious issues in the case is Mrs. Stephenson's request for $400,000.00 per month in alimony. While this amount may seem shocking to some, divorce courts in most states, including Pennsylvania and New Jersey, have the discretion to order such an amount, depending on the facts and circumstances of the case.& ;

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