As divorce attorneys in New Jersey, we are often asked by clients whether a spouse can move back into the marital home while the divorce is pending after already having moved out. There is no guarantee that the Court will restrain a spouse from returning to the marital home to reside after vacating the house […]
Since 2007, New Jersey has allowed people to divorce each other based on allegations of “irreconcilable differences,” adding New Jersey to the list of States recognizing “No Fault” divorces. See N.J.S.A. 2A:34-2. When a spouse claims to have “irreconcilable differences” with the other spouse, there is no inquiry from the State of New Jersey as […]
Frequently, people going through a divorce describe themselves as surprised or even shocked by their partner’s decision to end the marriage. Even those who suspected their spouse was considering a divorce are often stunned to learn their spouse has been planning the financial aspects of the divorce for months or even years before the Complaint for Divorce was filed. A spouse’s pre-planning of the financial aspects of their divorce is so common a phenomenon it has been given the phrase “divorce-planning.”
In New Jersey, alimony and child support obligations are generally subject to modification based on “changed circumstances.” The right to seek modification, and the steps one must take when doing so, were established in 1980 by the New Jersey Supreme Court in the case of Lepis v. Lepis. Typically, modification of an alimony or child support obligation requires a post-divorce application to the Court if the parties are not able to agree on whether to modify the support obligation and/or by how much.
As part of the divorce process, spouses must resolve various financial matters, including support and division of assets and debts. The resulting marital settlement agreement is enforceable in a court of law, even when one party declares bankruptcy after the divorce has been finalized, as illustrated by a recent New Jersey decision.
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.