Author: Debra Weisberg
If you are going through the process of divorcing in the State of New Jersey, the Court will require you and your spouse to file a “Case Information Statement.” This is a document which summarizes the finances of the marriage. Generally, the Case Information Statement asks you to provide your income, your spouse’s income, the average spending over the course of one year, and list all assets and liabilities.
Under New Jersey law, when a party’s motion has been denied by the court, the party may file a motion for reconsideration. However, this is only available if the matter meets certain criteria demonstrating an error has been made. The purpose of making a motion for reconsideration is not to give a party another opportunity to make the same arguments but to advise the Court of facts it overlooked or controlling law the Court did not consider.
Under New Jersey law, both parents are obligated to contribute to the support of their child. The payor’s child support obligation may be modified if he or she has experienced “changed circumstances,” which includes major health issues or permanent disability.
New Jersey allows married couples to seek a limited divorce known as Divorce from Bed and Board. This action is often taken by parties who have religious objections to divorce, or for economic reasons such as maintaining eligibility for health insurance through their spouse’s health insurance coverage, social security and retirement benefits. While Divorce from Bed and Board offers certain advantages, there are also pitfalls which couples should consider before pursuing a Divorce from Bed and Board.
When a couple divorces, the party required to pay alimony and/or child support typically agrees to take out a specific amount of life insurance to secure his or her support obligations. Generally, the insurance policy names the former spouse or children as the beneficiaries. While a spousal support award may be modified in certain circumstances, it does not necessarily follow that the party’s life insurance obligations also will be reduced as evidenced by a recent New Jersey decision.