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Hartman Group, LLC
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Dividing Up Property During Divorce - Determining which spouse will retain certain property after divorce can be a very sensitive issue among divorcing couples. Additionally, if the parties do agree, it is best to have a divorce lawyer review any agreements to protect you from issues that may arise in the future and to be sure that all assets have been [ ] The post Dividing Up Property During Divorce appeared first on Francis Hartman Law.
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The recently passed Tax Cuts and Jobs Act (TCJA) will directly affect those who are facing a divorce and alimony payments. This major tax code change goes into effect January 1, 2019, and there are specific revisions in the new law that you should consider if you are planning to divorce.
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Cherry Hill Divorce Lawyers Discuss Increase in Prenuptial Agreements - A prenuptial agreement is a legally binding contract that couples enter into prior to getting married. Prenuptial agreements have been commonly used to protect the more affluent individual in the relationship. However, experts are now noticing that couples with comparable financial portfolios are entering into prenuptial agreements before they marry.  Prenups address financial issues for couples entering into marriage who have children from previous marriages, successful careers, and substantial assets to consider. Prenuptial agreements focus on such things as how retirement plans should be divided and the assets a deceased parent would intend for the children to receive in case of their death. The focus of drafting prenuptials agreements has shifted from protecting an individual’s wealth from the less wealthy spouse, to protecting each individual’s assets they accrued throughout the majority of their working lives and ensuring those assets go to those they designate. According t
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Cherry Hill Divorce Lawyers:  Vaccinations Raise Questions over Parental Rights - Many common childhood illnesses have been virtually eradicated through vaccinations.  Since the early 1800s, scores of vaccinations have been developed and administered to protect children and adults from contracting these highly contagious and often deadly diseases.  As harmful and sometimes fatal side effects to vaccinations have become public, whether or not to vaccinate a child has become a major issue, including whether court ordered mandates on vaccinations are constitutional. In situations of divorce or shared custody of a child, parents who disagree on whether or not to vaccinate their children face an even more challenging situation.  In recent cases, the court has supported the parent that chose to vaccinate since there are no known risks that outweigh the benefits of immunization.  The courts must also consider at what age a child has the ability or right to consent or refuse vaccination.  The maturity of a child over the age of 12 is often considered in the decision m
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Cherry Hill Divorce Lawyers:  Frozen Embryos Present Unique Marital Asset Issue - Planning for children in a marriage is sometimes accomplished by storing frozen embryos created from the wife’s egg and the husband’s sperm.  There are many reasons couples may utilize this procedure.  Sometimes it is due to an inability to naturally conceive.  In other cases, it may be because the wife has cancer, and the couple wishes to ensure a future with children, before her eggs are damaged by cancer treatment.  If all goes well, the embryos may eventually be harvested and a baby is born. During these early planning stages, no one anticipates that the marriage will end in divorce.  The reality is that it can, and does, happen.  If it happens before all the embryos are harvested, and proactive legal measures were not taken to address their fate in the event of a divorce, it can mean that the frozen embryos, which are considered marital property, may be caught up in an arduous battle by the parties for marital property rights. The unique and complex nature of this type
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Cherry Hill Family Lawyers Report on Same-Sex Marriage - The debate over same-sex marriage continues to be a political issue, but many do not feel as strongly about the issue as they did a decade ago.  There are politicians in several states who have changed their positions about the legal unions of same-sex couples, taking a more liberal stance than in the past.  At this point in time, it is unclear whether the issue of gay marriage will be on or off the table before the next presidential election.   Even though opinions differ throughout the country, there are still those strongly opposed to gay marriage and they could make it difficult for political parties to remain united. Currently, it is legal for same-sex couples to marry in 37 states, and 36 states have some form of legal protection for same-sex couples who are not married.  Specific guidelines and boundaries vary from state to state.  In 2012, New Jersey was the fourteenth state to adopt the legalization of gay marriage. New Jersey grants same-sex couples in domestic partner
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Cherry Hill Divorce Lawyers: Apps Designed to Assist Parents with Child Support Expenses - Decisions related to the financial aspects of child support after a divorce can be an extremely difficult and a combative issue between divorced parents. The courts use a guideline to determine the parental fulfillment of child support obligations.  Although child support helps maintain the child’s well-being such as shelter, food, and clothes, there are a lot of additional expenses that children require. These additional items could include recreational activities, special trips, or sports activities and equipment. It is the responsibility of both parents to communicate to each other the additional expenses needed for their children and how the costs will be divided.   Unfortunately, direct communication might not be productive due to the high intensity of emotions that follow a divorce.  The technology that is available today, specifically tablet and smartphone “apps,” provide accountability of payments and help with budgeting child expenses. One of the more well-known pro
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Cherry Hill Divorce Lawyers Review Divorce Mediation and Arbitration Process in New Jersey - Divorce is never an easy process, but for some couples, the mediation and arbitration process in New Jersey provides an alternative to stressful litigation. An experienced and competent divorce attorney can help a couple through the process of dividing assets, formulating a parenting plan, settling child custody agreements, and making equitable alimony and child support arrangements. A divorce mediator will act as an objective third party that helps guide the couple through the divorce process.  They do not make decisions for the couple as a judge would, but they will ensure that the couple covers all necessary legal requirements to solidify their divorce.  Though a mediator does not have to be an attorney, it is advisable to rely on an experienced divorce lawyer to ensure that all arrangements are legally sound to stand up in court should problems arise post-divorce. In a recent article published in the Courier Post, a local New Jersey couple shared how successful mediation resulte
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Cherry Hill Divorce Lawyers Report Restricting Alcohol May Reduce Domestic Violence - The Center for Disease Control and Prevention (CDC) reports that one in every four women will experience domestic violence in her lifetime. In a recent correlating study, the CDC linked excessive alcohol use with domestic violence. The study found that areas with more alcohol available to consumers had higher rates of domestic violence reported than areas with lesser alcohol available for purchase by consumers. Researchers looked at alcohol pricing, the hours per day alcohol is available for sale and the total number of sales outlets in a community. The number of locations where alcohol was sold was the consistent factor with rates of domestic violence. Many states and communities use licensing and zoning laws to limit the number of places where alcohol can be purchased. Researchers learned that restricting the hours of alcohol outlets, charging higher prices, or increasing taxes on alcohol purchases have little effect on reducing instances of domestic violence. The study found commun
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Cherry Hill Divorce Lawyers Review the Implications of Failing to Comply With a Court Order - Family court orders can be used to settle matters such as child custody and visitation, support payments, and legal fee obligations for either party.  These orders establish specific guidelines for each party to follow and can eliminate confusion in New Jersey divorce cases.  However, court orders only help the situation if both parties follow those guidelines.  If they fail to do so, the implications of failing to comply with a court order can carry serious consequences. Family courts are not immediately notified when a court order has been violated.  It can be challenging to force a person to comply with a court order, and unless there are specific provisions written in the order, the court does not automatically penalize that person.  The other party can reach out to the non-compliant person’s attorney to try to convince them to adhere to the guidelines, but if this doesn’t work, the party may have to ask the court to intervene.  This can be costly and time-consuming. Con
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