Are “Stipulated Damages” Provisions in Marital Settlement Agreements Enforceable, Even If There Were No Actual Damages?
In New Jersey, Marital Settlement Agreements are contracts that are enforceable just like contracts outside the family law context – with some very important distinctions. Generally, Marital Settlement Agreements are enforceable to the extent they are “fair and...read more
How to divide assets is one of the most common sources of dispute in divorce. In New Jersey, marital property and debt are subject to equitable distribution, which means fair, but not necessarily equal, division between the parties. While New Jersey law requires the full disclosure of all assets, New Jersey Courts do not independently verify whether a party has fully and candidly disclosed all assets. Instead, it is up to the other party to “fact check” the accuracy of their spouse’s disclosures. An attorney, acting in concert with other professionals, has several methods to verify financial disclosures and find hidden assets.read more
When divorcing couples have children, New Jersey Courts make decisions based on the best interests of the child. That may include ordering the child and/or the parents to undergo therapy. If the parties refuse to submit to therapy or interfere with a child’s participation in therapy, courts will hold them accountable as evidenced by a recent New Jersey decision involving Court-ordered parent-child reunification therapy.read more
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.read more
When children can no longer safely reside with their birth parents, the New Jersey Division of Child Protection and Permanency (DCP&P) first look for relatives and family friends to provide care. The law recognizes that having children cared for by relatives and...read more
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