Melinda L. Singer, EsquireHackensack Family Law Attorney | Melinda L. Singer, Esquire2024-03-16T18:34:53Zhttps://www.melindalsinger.com/feed/atom/WordPressOn Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477432024-03-16T18:34:53Z2024-03-16T18:34:53Zdivision property process during divorce is crucial to ensuring a fair settlement.
Recognizing non-financial contributions
All of your non-monetary efforts that significantly contributed to the well-being of your family and the marriage can be considered when negotiating or litigating a property division settlement. For example, raising children, managing the household, supporting your spouse’s career and providing emotional support are contributions of note.
You may have given up your career to support your spouse's professional advancement or took on more household responsibilities to allow your spouse to focus on work. These contributions are considered non-financial but impacted your family’s collective well-being.
Take proactive steps to assert your legal rights
It's important to recognize and safeguard your rights regarding non-financial contributions during a divorce. Remember, the court may not be privy to the role you played in the marriage, and it can help to communicate effectively.
Documenting your contributions can be helpful, including keeping records of childcare responsibilities, household management and any sacrifices you made for the family's well-being. Also prudent is seeking legal assistance for guidance on ensuring your contributions are recognized and factored into the property division process. Making this effort can help you achieve a fair division of marital assets and more effectively protect your interests.]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477412024-02-28T22:37:15Z2024-02-28T22:37:15ZIn some cases, couples turn to divorce as soon as they become empty-nesters. The last child goes to college and one of them files divorce paperwork.
This can often be rather shocking to children, and it may also come as a shock to the other spouse. They may have been married for 20 years and they are suddenly getting divorced. Why does this happen just because they are empty nesters?
What do they really want in life?
One reason it happens is because people start considering what they want the rest of their life to look like. They may already have been unhappy in the marriage, but it seemed wise to stay together and work to share the responsibility of raising the children. But now that they don’t have to do that, they can focus on what they really want moving forward.
How does it impact the children?
Other couples will do this intentionally because they believe a divorce will have a negative impact on young children. They wait for their children to be older so that it’s easier for them.
Were the children a distraction?
Finally, it’s worth noting that raising children can be distracting just because life is so busy. Some couples are not even aware that they are unhappy with their relationship. But after the children move out, it removes that distraction. They suddenly realize that there are a lot of problems with their marriage, and divorce may be inevitable.If you’re getting divorced as empty nesters, you likely have substantial assets at this stage in your life. Be sure you know exactly what steps to take while working through the divorce.
]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477402024-02-17T15:30:36Z2024-02-17T15:30:36Zsubtle signs requires careful consideration. Individuals in a relationship need to remain attuned to changes in their feelings and their partner's behaviors. Acknowledging these signs can be critical so you know if/when it’s time to make decisions about parting ways or fighting to stay together.
Decreased communication
A significant reduction in open, honest communication is often one of the first signs that a marriage is in trouble. When couples stop sharing their thoughts, feelings and daily experiences, they drift apart emotionally. This lack of communication can lead to misunderstandings, assumptions and loneliness.
Lack of physical intimacy
Physical intimacy isn’t just about sexual activity; it includes all forms of physical closeness, such as holding hands, cuddling and casual touches. When these expressions of affection diminish without explanation, it can signify a weakening emotional bond. This change may happen gradually, but its impact on the relationship's emotional health is profound.
Increased focus on individual activities
While it's healthy for partners to have interests outside of their relationship, a noticeable shift towards prioritizing these individual activities over shared ones can be a warning sign. When one or both partners immerse themselves in hobbies, work or socializing separately, it may reflect an effort to find fulfillment outside the marriage.
Anyone who thinks their marriage is ending should start taking steps to prepare for the divorce process, just in case. This includes gathering documents that might be necessary. Consulting with a legal representative can help individuals to learn their options and rights so that they can make informed decisions either way.]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477352024-02-01T21:50:20Z2024-02-01T21:50:20ZAlimony payments are made after a couple divorces, often when there is a large discrepancy in income. Alimony is sometimes also referred to as spousal support.
For instance, maybe one person is a high earner, bringing in more than $1 million a year. The other person was a stay-at-home parent before the divorce. They expect to have their financial needs met by their partner and they have no other option for income. Alimony payments can be made so that they have financial stability and do not lose everything in the divorce.
So how long does someone have to pay?
The length of the payments depends on the length of the marriage. If that marriage was less than 20 years long, then the alimony can only be ordered for as long as the marriage itself. For instance, a couple may have been married for 15 years, so the maximum amount of alimony payments would be for the next 15 years.This does not mean that the maximum amount of payments will always be ordered. The court could certainly order alimony payments for the next five years, if they believed that was fair and just. But the length of the marriage gives them an upper limit and ensures that the payments won’t happen forever.In cases of longer marriages, which last for 20 years or more, then alimony payments may be made for an extended period of time. Often, this is done because such a long marriage may mean that one spouse was out of the workforce for decades and cannot just go out and immediately get a job once again.
The financial side of divorce
Alimony payments are just one aspect of the financial side of a divorce case. Those involved need to be well aware of their legal options.]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477322024-01-31T14:23:01Z2024-01-31T14:23:01ZPeople may seek fault-based divorces
The majority of New Jersey divorce filings are no-fault divorces. People claim to have irreconcilable differences that caused a breakdown of the marriage and therefore do not need to prove anything to end the marriage. Those divorcing over infidelity could file a fault-based divorce on the legal grounds of adultery. Adultery is one of several scenarios in which the New Jersey courts may grant someone a divorce that declares their spouse at fault for the end of the marriage.
Financial misconduct can impact property division
For the most part, the bad behavior of spouses has minimal impact on the outcome of property division. However, adultery can sometimes involve the wasteful misuse of marital resources. If someone spent marital income paying for hotel rooms and gifts or if they added to credit card balances while conducting an affair, the other spouse could ask the courts to consider that dissipation of marital assets when dividing their assets.
Adultery could even affect alimony
When New Jersey judges hear requests for alimony, they have to consider numerous details about the marital situation. In addition to someone's contributions to the marriage, judges may also consider how long the marriage lasted and the health of the spouses. Both physical and emotional health can influence alimony orders in New Jersey. The discovery of infidelity can have a damaging impact on someone's mental health and could potentially affect what a judge believes is appropriate for alimony.
Oftentimes, those who discover adultery are eager to end their marriage and move on as quickly as possible. Yet, having a realistic understanding of how infidelity might affect a divorce more broadly may benefit those upset about the unfaithfulness of a spouse.]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477292024-01-18T10:38:05Z2024-01-18T10:38:05ZThere are some couples who feel that their relationship is getting worse and may be headed toward divorce. Their marital satisfaction has declined. They’re looking for a way to save the marriage and prevent a divorce.
In some cases, these couples decide that they just need to have a child. They believe that it will bring them closer together or that they’ll be happier as a family, rather than just a couple. But studies show that having a child is highly unlikely to save a marriage and much more likely to push a couple toward divorce.
Relationship satisfaction
The key is to look at the amount of satisfaction people have in their relationship. As a general rule, this always declines after marriage. For some couples, it declines dramatically, and they decide that the marriage was a mistake and that they should get divorced. For others, it just declines a small amount and may recover.Some studies have looked at the rate of decline regarding marital satisfaction. For childless couples, the rate of decline is much less. But for those who do have children, this decline happens about twice as quickly.In other words, having a child is more likely to take away from marital satisfaction, rather than adding to it. Because of this, it is not likely to prevent a divorce. Instead, it is just going to make the eventual divorce more complicated because the couple now has to think about child custody rights and parenting time.Of course, getting divorced can be complex even without children, while attempting to divide assets and things of this nature. Couples who are going through this process need to know about all of their legal options.]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477282024-01-03T22:58:16Z2024-01-03T22:58:16ZWhen you met your fiancé and decided to marry, you hoped you’d be together for the long-term. You became one in the eye of the law. Besides having kids, you also acquired assets together. One such investment is the home. But now, you are getting divorced. Should you fight for the home?
While splitting marital property, you may have valid grounds for wanting to keep the home. Perhaps, the court has awarded you primary custody and you want to maintain some form of status quo for the kids. Before you roll up your sleeves to fight for the home, however, it is important that you ask and affirmatively answer these questions.
Will I afford recurrent expenditures associated with owning the home?
Homeownership comes with its share of costs such as mortgage payments, home insurance, property taxes and routine maintenance costs. While in a two-income arrangement, chances are you shared these costs with your spouse. In a single-income situation, however, these costs might overwhelm you, more so if you have other obligations like child and spousal support as well. Simply put, if you cannot afford the home after the divorce, fighting for it could be a huge misstep.
Can you afford to buy out your ex?
If you signed up for the mortgage together with your spouse, then the mortgage is your joint responsibility as far as the mortgage company is concerned. That said, it is important to understand that divorce does not automatically exonerate either party from this obligation. The only way you can buy out your ex from the mortgage is through refinancing. But this costs money as well. And if you cannot afford this, then you’re better off not fighting for the home. You may be emotionally attached to the home. However, fighting for it without a clear strategy can be counterproductive. Seeking legal help can be a great starting point when pursuing your fair share of the marital property. ]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=477272023-12-22T18:11:43Z2023-12-22T18:11:43ZEvery divorce is different. While in some cases it's vital to communicate through attorneys, some divorcing spouses talk, especially those in cases that didn't stem from domestic violence or other traumatic events.
If you and your spouse are comfortable with communication during divorce, here are four tips that can help you:
Don't talk to your spouse as if you are still in a relationship with them
Disengaging and being objective when communicating with your soon-to-be ex-spouse is crucial. Talking to them as if you are still involved with them can lead to conflicts. If they disagree on a matter, do not take it personally. Take a step back, assess their perspective and then respond. Basically, treat any discussion you have with your spouse during divorce as a business conversation.
Be calm
Anything negative you say to your spouse can disadvantage you. Thus, avoid talking to them when you are upset. When arguments arise, politely excuse yourself – you can contact them when you calm down.
Only communicate when necessary
You and your spouse should only communicate about issues related to the divorce. These include property division, child custody and support, living arrangements during separation, spousal support and so on. If they raise an issue unrelated to the divorce, politely decline to participate in the conversation. Unnecessary discussions can lead to misunderstandings. You and your spouse should agree on topics you can discuss and those to avoid.
Choose a communication channel
You should agree on how to contact each other during divorce. You can meet in person if you are comfortable or communicate through phone calls, emails or text messages. You also need to choose a communication channel for emergencies.Communication during divorce can be beneficial. Seek legal help to have peaceful interactions with your future ex-spouse.
]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=476762023-12-07T13:57:50Z2023-12-07T13:57:50ZIn the beginning, marriages usually go through something referred to as the “honeymoon period”. Throughout this stage, couples are usually intensely happy and free of major stress. Nonetheless, all marriages involve challenges and obstacles that have to be overcome.
Perhaps you and/or your spouse are at a stage where you’re feeling unhappy. What can you do to try and mend the relationship?
Identify the source of the problem
A successful marriage is founded upon communication. You and your spouse should be able to compromise, communicate and work on problems together. The starting point of this is to hold an honest discussion and identify the root cause of the issue. Once you realize the scale of the issue, you’ll be better equipped to try and tackle it together.
Find a compromise
If the issue or issues appear to be solvable, then you and your spouse may be able to reach a compromise. As long as the issue between you isn't a "deal-breaker" with no middle ground, you can work toward solutions that you both can accept.
You don’t have to stay together
While marriage is a serious commitment and couples share vows, opinions on divorce have changed over the years. Social workers, psychologists and other medical professionals have made people aware of the dangers of staying in an unhappy or toxic relationship. Remember, no one can force you to stay in an unhappy marriage and the same goes for your spouse. Time apart is often the most healthy option. Whatever dilemma your marriage is facing, it will do you no harm to explore your options. Seek legal guidance to find out how to protect yourself should a divorce become inevitable. ]]>On Behalf of Melinda L. Singer, Esquirehttps://www.melindalsinger.com/?p=476732023-11-29T01:44:54Z2023-11-29T01:44:54ZAfter a substantial change in circumstances
Parents should do their best to abide by the current custody order. However, they may need to change the order when it no longer meets the needs of the children and the family as a whole. The courts do not want to see parents back every few months to make minuscule changes to a custody order. Therefore, any formal modification typically requires proof of a substantial change in circumstances.
A parent starting a new job, seeking to move a significant distance away or consistently failing to meet the needs of the children could constitute a substantial change. In cases where parents agree to a change in the division of parenting time or other custody terms, they can do so amicably. They can file paperwork for an uncontested custody modification at virtually any time.
Other times, each parent will have their own idea about what would be the best solution for changing family circumstances. In a contested or litigated modification scenario, a judge would review the existing order and try to determine what would be in the best interests of the children.
They might grant one parent more time with the children if they have improved their circumstances or reduce appearance time with the children if they have consistently canceled or failed to meet the needs of the children during their parenting time. Particularly when parents do not agree about a custody modification, documentation of issues, like the children coming home with bruises or without having eaten, will be important to convince the courts of what would be in their best interests.
Parents who have questions or concerns about their custody arrangements and/or parenting plan options can seek legal guidance accordingly at any time.]]>