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Monmouth County Legal Blog

What if my ex-spouse was abusive? Can I prevent visitation?

Even in cases where the other parent of your child committed and/or was convicted of domestic violence, a New Jersey court could still award him or her the right to visit with your children. If you're facing a situation like this, you're probably wondering how to protect your children from the threat of further abuse when you're not around.

Fortunately, you may still be able to protect your children in spite of the court allowing them to spend time with your ex. The key to protecting your children against an abusive parent is to request supervised visitations.

Did you include these items in your parenting plan?

When it comes to organizing a parenting plan, two parents sharing child custody have a lot to keep in mind. For example, you need to know what will work for you and the other parent's schedules, and you also have to honor the unique needs and ages of the children involved.

Additionally, because your parenting plan will be difficult to change later on down the road, it needs to cover all the bases clearly, while offering some level of flexibility.

Can I end my marriage without getting a divorce?

Marriage is a legally-binding arrangement, and in nearly all cases, a divorce is required to bring the marriage to a close. However, divorce can be costly, difficult to navigate and stressful. This might make you wonder: Is there a way to end a marriage without going through a divorce?

There is one way that you might be able to end your marriage, but it will only work in a select few cases: annulment.

What does the mediation process look like?

Nearly every family law attorney will tell you that if you and your spouse can mediate your divorce, or find some other way to reach an out-of-court settlement, you'll save time, money and a lot of headaches. When you consider these benefits, it's easy to see why couples find the motivation necessary to overcome their differences during mediation.

That said, not all mediations are a success. One thing that can help you overcome obstacles during your meditation is to familiarize yourself with the process before it begins.

Could mediation work for you instead of a court divorce?

If you are on the cusp of a divorce in New Jersey and you don't agree with your spouse on terms, you may believe that a protracted court-based divorce is inevitable. However, before you prepare yourself for a lengthy trial in family court, consider your options. If there is any hope of compromise between you and your spouse, mediation could be an excellent alternative to a contentious divorce.

Mediation allows you and your spouse to set the terms of your divorce without a trial. Your divorce goes more quickly, with less fighting, than it would if you were headed to court. Choosing mediation can offer a host of potential benefits, such as protecting your children from the worst aspects of a messy divorce.

Understanding the most common custody outcomes in N.J. divorces

For many divorcing couples, custody of the minor children from the marriage is the most contentious and emotional issue. Both parents likely want to spend as much time as possible with their children. This can make compromising about custody difficult. What spouses can't come to an agreement on their own about custody, support and parenting time, the courts will step in to ensure everything gets handled properly.

For divorcing parents, not knowing what the custody outcome of your divorce will be is nerve-wracking. It's all too easy to find horror stories online, telling of doting parents denied shared custody or even visitation. You could start to worry that you won't get to see your children at all. In most cases, barring an inability to provide for your kids, a history of abuse or neglect, or issues with chemical dependence, shared custody is the most likely outcome to a custody dispute in divorce.

Who gets the house in a typical New Jersey divorce?

For many married couples, the home they live in represents the biggest asset they own. Most people spend thirty years of their adults lives or more paying off a mortgage on their home. Every single month adds to the equity, or amount of money you've paid against the principal balance of your mortgage. It's only natural, then, that people considering a divorce in New Jersey would wonder about how the courts decide who gets the house.

Every divorce is unique and every couple's ownership interest in their home is different, too. From the amount of equity you've built to the length of time you've lived there, there are numerous factors that impact the value of your home on both a financial level and a personal level. Still, there are certain guidelines about New Jersey divorces and marital assets that can help you understand the likely outcome as far as your home goes. The courts strive for an equitable distribution of assets, which includes your home unless there are special circumstances.

Could mediation save you both time and money during divorce?

You've reached a point where you know that your marriage isn't salvageable. Sometimes, a marriage dies slowly over the years, and other times a sudden event, like infidelity, can bring a divorce out of nowhere. Regardless of the reason, chances are that you're trying to figure out the best way to handle your divorce and move on with your life.

If you and your spouse are able to communicate with one another, even if you don't currently agree on critical terms for your divorce, mediation could be a valid option. Instead of going to court, presenting evidence, testifying and hoping that the judge makes a decision you can live with, you can both have an active part in determining the outcome of your divorce. For many couples, mediation is a faster, simpler and more affordable option than dragging a contentious divorce through the courts. 

Tri-custody is gaining acceptance by the courts

Unique circumstances can arise in family law courts -- circumstances that the current laws and regulations don't speak clearly about. Take the recent case in New York that involved a baby born out of a threesome, for example.

A married couple was living upstairs from a woman whom they later brought into their relationship. The three of them began to engage in sexual relations together and the woman downstairs moved in with the couple. Next, they decided to have a baby together.

October is domestic violence awareness month

Domestic violence is a serious problem in the United States, just as it is throughout the world. If you or a loved is the victim of domestic violence then you know how destructive these situations can be -- particularly because the victims have a difficult time extracting themselves from the situation.

Be reviewing a few statistics for domestic violence in the United States, it's easy to see just how prevalent this issue is.

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To schedule a consultation, call LaRocca Hornik Rosen Greenberg & Patti LLC, at 732-246-2112 or contact us online. We serve clients in Monmouth County, Ocean County, Middlesex County, and central New Jersey from offices in Freehold and Red Bank.

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