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For various reasons - health, health insurance, children, religion - many couples want to live separately from each other without getting divorced.
The parties can always agree by way of a settlement agreement or via a consent order to fix the payment arrangement for college expenses. In the world of family court the constant mantra is to settle your dispute with your ex spouse.
I can’t stand my husband anymore! However, I am not sure that I want to get a divorce. Can I file for a legal separation in New Jersey? Unfortunately, there is no such type of case that provides for a legal separation in New Jersey. However, if you and your husband are not ready to pack it in and file for divorce then you can enter into a separation agreement.
Why are cohabitation agreements becoming an explosive trend? Prenups are not just for married people anymore. As more and more young couples move in with each other, many are now negotiating agreements that are referred to as dating prenups.
Yes, you certainly can file a motion to try to reopen up your divorce case. Many New Jersey-ites are faced with the problem of having no work, or of having another family to support.
In New Jersey a ’change in circumstances’ can constitute grounds to try to increase, decrease, or terminate a child support or alimony award. Moreover, a ’change of circumstances’ can also constitute grounds to change the terms of a parenting plan or any other custody terms.
Living together has never been more popular. According to the 2000 Census data, more than 5.4 million unmarried couples live together. This translates to 10.8 million people. If you have chosen cohabitation over marriage, you are not alone.
There really is no formal proceeding to have a legal separation in New Jersey. There is an outdated legal proceeding called a "divorce from bed and board" that is similar to a legal separation.
Due to an increased life expectancy, a 50% or higher divorce rate in the United States, and an increasing amount serial marriages, prenuptial agreements are now widely accepted. It is very important for senior to approach the idea of a prenuptial agreement with an open mind.
A prenuptial agreement is also known as premarital agreement or an antenuptial agreement. This type of agreement may be used by a couple to determine, prior to marriage, what each party’s rights and obligations will be in the event of divorce.
In the New Jersey family court system there is a tremendous pressure to settle divorce cases. The plain truth of the matter is that there are too many divorce cases, and not enough judges to have a trial for all of them.
A premarital agreement or antenuptial agreement may be used by a couple to determine, prior to marriage, what each party’s rights and obligations will be in the event of divorce.
While not exactly the glamorous side of a marriage proposal, the idea of a prenuptial, or ante nuptial, agreement is something that most people about to be married should discuss.
I also see couples coming back for post-divorce litigation and mediation. Often, what brings them back are errors, omissions and oversights in their original divorce agreements.
With more people getting married later for the first time - often with substantial assets, and people getting married for the second+ time(s) with children from previous marriages and dealing with even lower odds of these marriage surviving, it is no wonder that I am getting more and more requests for mediation for prenuptial agreements.
Uniform Premarital Agreement Act (UPAA) Adopted by New Jersey on August 5, 1998.
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
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