Clark New Jersey Family Law Blog

How does cohabitation effect alimony in New Jersey?

On behalf of Law Office of Robert Ricci, Jr. posted in family law on Thursday, January 16, 2020.

After a divorce in our state with one former spouse ordered to pay alimony to the other, there will still be concerns regarding the payments, how long they will continue and under what circumstances they will stop. There are basic reasons for the end of alimony, such as the receiving spouse becoming self-sufficient, among others. However, there is one issue that might come up and people are commonly unaware of how state family law addresses it: if the receiving spouse lives with another person.

Cohabitation can be a problem and affect the alimony payments. There can be a suspension or termination of alimony payments if the receiving former spouse resides with another person in a cohabitation situation. This is defined as an intimate, supporting and personal relationship with the couple taking duties and privileges that are generally linked to a marriage. They do not need to maintain a single common residence. The law mandates that certain factors be considered to determine if there is cohabitation.

What are the grounds for a fault-based divorce in New Jersey?

On behalf of Law Office of Robert Ricci, Jr. posted in divorce on Thursday, January 2, 2020.

In many states across the nation, there is a simplified divorce procedure where a couple only needs to say they have irreconcilable differences and they can be granted a divorce. New Jersey has no-fault and fault-based divorce. It is important to understand when and how to seek a divorce in either category. A no-fault divorce generally requires the parties to say their differences cannot be bridged and there is no chance to reconcile. They also must be separated for at least 18 months. For couples who want a more expeditious resolution, a fault-based divorce might be preferable.

With a fault-based divorce, there are certain causes that must be in place. If a spouse has committed adultery, this can be a justification for a divorce. A spouse who has deserted the other and been away for at least 12 months will be viewed as having committed desertion and this is a reason for divorce. A spouse who has been found to have committed extreme cruelty in a mental or physical way and that treatment places the other party in danger for his or her health or safety, it will be considered unreasonable to remain in the same domicile and this is grounds for divorce. This is applicable within three months of the last date in which the cruelty occurred.

Divorce: Insights to help you support your children as they cope

On behalf of Law Office of Robert Ricci, Jr. on Thursday, January 2, 2020.

It is a brand-new year, and you might be one of many people in New Jersey who are going "all in" to create vision boards or resolutions and goals to help you be the best "you" possible in 2020 and beyond. Perhaps, you and your family will want to get together and share your ideas with each other. You might even set family-related goals in addition to your individual plans.

In a perfect world, there wouldn't be any negative aspects to your circumstances as you build hopes and dreams for the unfolding new year. In reality, most families have trials and challenges, some far more difficult to overcome than others. If helping your children cope with divorce is part of your new year plan, this post may be of particular interest to you.

Can New Jersey marital agreements be unenforceable?

On behalf of Law Office of Robert Ricci, Jr. posted in marital agreements on Thursday, December 19, 2019.

New Jersey couples who decide to sign a premarital agreement might do so for a variety of reasons. Both sides might have property they want to protect in case the marriage does not work out. One side could have a business or other assets that he or she does not want to be subject to property division in the event of divorce. Or there could be a simple goal to keep the property separate regardless of its value.

Regardless of the reason for marital agreements, it is possible that the divorce proceeding will include a disagreement as to the validity of the premarital contract. Such cases often require legal advice. Understanding the law as to when the premarital agreement should be invalidated will be the foundation of the attempt to nullify it.

What are the different kinds of alimony in New Jersey family law?

On behalf of Law Office of Robert Ricci, Jr. posted in family law on Thursday, December 5, 2019.

When the term "alimony" is mentioned in the context of family law, people might have preconceived notions as to what it entails. Common concerns about alimony include how long it will last, whether it can be changed and how much the paying former spouse must pay. For this and other considerations in a divorce, it can be useful to have legal help.

There are four different kinds of alimony that can be ordered in New Jersey. First, there is open durational alimony. This is alimony that does not have an end date and is awarded to a person who has presented a valid reason for why he or she cannot self-support. For example, if the receiving spouse has a medical issue that prevents him or her from working, that could warrant open durational alimony.

Child support enforcement, warrants and judgments in family law

On behalf of Law Office of Robert Ricci, Jr. posted in family law on Thursday, November 21, 2019.

Family law issues can lead to contentious disputes in New Jersey.

One of the most complicated and problematic aspects of these cases is if a supporting parent fails to pay the required amount of child support to a custodial parent or fails to pay it when it is due.

A gray divorce and retiring strong: Can you do both?

On behalf of Law Office of Robert Ricci, Jr. on Friday, November 8, 2019.

Divorce will certainly bring changes to your life, but what these changes mean for you depends on various factors unique to your individual circumstances. One significant factor is your age and how close you are to retirement age. When adults age 55 and up divorce, it can have a dramatic effect on retirement savings and plans for the future.

Gray divorce is a term given to divorces involving people who are over 55 and approaching retirement. With less time to recover financially, the end of a marriage can devastate long-term savings and a person's hope for his or her golden years. Thankfully, there are things you can do to protect your interests and secure terms that allow you to move forward into your future with confidence.

Family law and alimony for marriages shorter than 20 years

On behalf of Law Office of Robert Ricci, Jr. posted in family law on Thursday, November 7, 2019.

When there is a New Jersey divorce, one of the common issues that must be addressed is whether alimony (also referred to as spousal support) will be paid and for how long. This can be the foundation for dispute as the paying former spouse might want to limit the amount and duration, while the receiving former spouse will have justifications for the opposite. To adequately handle these concerns, it is wise to have a basic understanding of what state law says about certain factors and to have legal advice.

For marriages that lasted fewer than 20 years, the courts will only allow alimony to go beyond the length of the marriage in extraordinary circumstances. Otherwise, it will be limited. There are certain considerations that will be part of the process. In addition to these statutory factors, there are practical considerations that the court will account for including the parties living separately, living expenses, and maintaining a standard of living comparable to what they had during the marriage. Knowing those exceptional circumstances that the court uses to decide if the alimony should deviate from the basic rule is key.

Celebrities can struggle emotionally after divorce, too

On behalf of Law Office of Robert Ricci, Jr. posted in divorce on Thursday, October 24, 2019.

When you think about divorce, what are some thoughts that first come to mind? The truth is that every divorce is different, but it's likely all couples involved in a divorce will cycle through the full range of emotions at some point in the process. When we look at people in the public eye, like celebrities, they may all appear to handle it effortlessly. It's possible that this could be some couples' experience, but the opposite can also be true.

One such celebrity is speaking out after her divorce with star Channing Tatum. She speaks about the profound loss she felt, how she thought she would be making emotional progress only to fall back down into a negative spiral of emotions and how she doubted if anything was 'real' in her life. Infidelity was alleged on behalf of her ex and she admitted she struggled emotionally with learning that information as well.

Child custody basics and the solution that fits your family

On behalf of Law Office of Robert Ricci, Jr. posted in family law on Friday, October 11, 2019.

If you share parenting responsibilities with your child's other parent, you know that it takes a team effort to do so effectively. Whether you are going through a divorce or have always been separated, you may need to make a change to your child custody arrangement. So, what can one expect when looking at the child custody process? The answer is that it's different for every family.

When looking at different custody arrangements, it's important to understand that there are two different types of child custody, physical custody and legal custody. A parent may be granted one, both or neither of the types. Physical custody has to do with the actual residence of the child, and where they spend most of their time. Legal custody decisions deal with bigger picture ideas, such as those concerning the education or religious upbringing of the child.

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