What can I do if my Spouse Refuses to Comply with a Court Order?

If a spouse refuses to follow a court order to do something, the next step is filing a motion to enforce litigant’s rights. You advise the court of the contents of the court order, your spouse’s behavior, and ask the court for relief to be granted under the original order. Also, based on the individual’s […]

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Is a Spouse Automatically Entitled to Alimony?

In New Jersey, alimony is based on the totality of the circumstances surrounding both parties to the marriage; it is not black or white. The factors affecting alimony include how long the marriage was, the ability of each party to earn an income, whether there are medical conditions involved, the presence of a child with […]

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How is Child Custody & Parenting Time Determined?

There are two types of custody in NJ: legal custody and physical custody Where the child resides is physical custody; legal custody deals with decision-making for the child – who makes those decisions. The courts lean toward joint custody, because they want both parents involved in making decisions regarding the welfare of the child. Regarding […]

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Does Marital Fault impact Equitable Distribution?

Clients often want to increase the amount of alimony they are paid, because they feel that their spouse or partner is totally at fault in the breakdown of the marriage. The problem is that New Jersey is an “equitable distribution” state, which means that fault for the end of the marriage is largely irrelevant to […]

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