Musulin Law Firm, LLC
Call 609-267-0070
Located directly across from the Burlington County Superior Court, NJ

Burlington County Family Law Blog

Benchmark Decision Relative to Military Divorce and Spousal Benefits

The U.S. Supreme Court recently ruled on a dispute over military benefits in a post-judgment military divorce matter between a 20-year Air Force vet and his ex-wife. It found that, once the vet had waived part of his retirement pay for disability benefits, his exspouse was no longer entitled to a part of that pay.

This benchmark decision relative to a military divorce and spousal benefits involved a divorce that took place in 1991. At the time, the divorcing couple agreed that the wife would receive half of the husband's military retirement pay. Once that kicked in, they each began receiving half of that pay.

Prenuptial Agreements May Be Great, But What About the Process?

The holiday season is a popular time for engagements. Watching your beloved unwrap a sparkling engagement ring is so romantic -- but hopefully, you and your intended had discussed your vision for marriage long before you bought that ring.

Have you considered a prenuptial agreement? You really should. For many people, unfortunately, the idea of a prenup is fraught with negative associations, but it really shouldn't be. It may seem unromantic to get a prenup, but you can look at it another way. Every couple should develop a clear, detailed understanding of your income and assets, and every couple should have a concrete plan for how those resources will be shared.

Divorcing Couples Take Control Of The Process

Spouses decide to divorce for various reasons and while making the decision to end a marriage is never easy, it's often truly the best option for all involved parties. While television programs and movies often portray divorcing spouses as being out for blood and divorce as an acrimonious process, in reality, a large percentage of divorcing spouses care about and respect one another. For these couples, mediation and other forms of alternative dispute resolution provide a favorable alternative to the traditional divorce process.

What Is Mediation?

In a traditional divorce, each spouse retains and is represented by their own respective divorce attorney who communicates, negotiates and, if necessary, litigates on their client's behalf. By nature, a traditional divorce pits spouses against one another as each relinquishes a considerable amount of control and instead relies upon an attorney to represent their positions and promote their best interests.

Get a New Will, POA, and Advance Medical Directive During Your Divorce

Dont forget to get a new Will, Power of Attorney (POA) and Advance Medical Directive during your divorce process or immediately thereafter. Although the NJ divorce process might automatically revoke certain important legal documents such as an Advance Medical Directive under NJSA 26:2H-53, you still need to identify new individuals to carry out your important intentions. It is also the case that a Power of Attorney is not automatically revoked in the State of New Jersey by virtue of a divorce case. Imagine a situation where you become incapacitated and your ex-spouse is in control of your financial affairs. This sounds crazy or unlikely but it could happen unless a new Power of Attorney is prepared.

Bounds of Advocacy vs. Divorce Rage Phenomenon

In the practice of matrimonial and family law, commitment to the Bounds of Advocacy distinguishes a Fellow of the American Academy of Matrimonial Lawyers from other practitioners to successfully counteract the "divorce rage" phenomenon. The Bounds of Advocacy represent standards of professional conduct a step above the traditional Rules of Professional Conduct adopted by the American Bar Association and most state bar associations. The Bounds of Advocacy are specifically designed to address the unique challenges indigenous to family law matters to most effectively represent the client.

Is Your Marital Settlement Agreement Fair and Equitable?

In times of divorce, people walk into our family law office with questions of whether or not we believe their Property Settlement Agreement or Marital Settlement Agreement is fair and equitable, unfortunately after they have already signed the document and it has become a legally binding document enforceable by the Court. As a general rule, do not sign a settlement proposal such as a Property Settlement Agreement or a Marital Settlement Agreement until you have had the opportunity to review it with an experienced matrimonial attorney. In addition, after the settlement proposal is signed, it is very difficult and often impossible, to undo any damage that leaves you in an unfair position regarding, for instance, payment of alimony, child support or your share of assets from the marriage.

Child Support and the Right to Claim Children on Federal Tax Returns

Judge Lawrence Jones of the Ocean County Superior Court has just released a decision entitled Zeitlin v. Zeitlin which addresses child support and the right to claim children on federal tax returns in the event of child support arrearages in New Jersey.

Domestic Violence Is More than Just Physical Abuse

Oftentimes clients come into our office with no awareness that domestic violence is more than just physical abuse. Many people are unknowing of the reality that they have either been victims or perpetrators of domestic violence for years. People resort to several types of behavior to exert control over an intimate partner or loved one, including emotional abuse, threats, isolation, and intimidation, which each constitute forms of domestic violence. Domestic violence can also take the form of economic abuse such as when a person tries to keep an intimate partner from getting or keeping a job, making a loved one ask for money, imposing on them "an allowance" or cutting off their access to money. If children are involved in the relationship, a person may use the children to make the other partner feel guilty, threaten to take the children away, use the children to give messages and use visitation as a way to harass. These are all examples of intimidation and control which may qualify as domestic violence.

In NJ Family Law Matters, Who Gets to Choose the Preschool?

In NJ Family Law matters, who gets to choose the preschool when parents are separated or divorced is often an issue.  Your child is able to enroll for preschool virtually anywhere. Many parents argue over the choice of which preschool and its location. Additionally, the cost of preschool can be an issue, especially when one parent has a much higher income than the other. You might want your child to attend a religious preschool and the other parent does not agree. Your vision of what is best for your child might be contrary to that of the other parent.

Print icon

Mount Holly Address:

Musulin Law Firm, LLC
135 High Street
P.O. Box 100
Mount Holly, NJ 08060

Mount Holly Law Office Map

Credit Cards Accepted Visa | MasterCard | Discover | AmericanExpress