The issue of paying for attorney's fees in a New Jersey Divorce or Family Law matter comes up often. There is no rule in family law cases that the party who files for divorce or begins the custody dispute must pay for the other party's attorney. There is, however, authority in the law for a judge to potentially require one person to advance or pay the other party's fees. Family Court is a Court of equity, meaning the element of fairness is to be considered when a judge has to decide an issue. New Jersey law therefore gives a judge authority to grant an award of attorney's fees based on the financial situation if needed to level the playing field - to prevent one party from prevailing simply because he or she can afford to pay an attorney more. A judge may also award attorney's fees when one party has acted in bad faith, such as by violating a Court Order or taking a position that is blatantly unreasonable.
For years, there has been a connection linking divorce rates between parents and their kids showing that "divorce runs in the family". Studies conducted have suggested that the link stems from raising a child in a divorce household, which exposes them to the experience of divorce.
It is no secret that marriage is difficult. In fact, for a lot of people, it is far more difficult than they could have imagined. In many cases, the challenges of marriage prove to be too great and a couple divorces.
According to recent statistics, the current rate of marriage in the U.S. has declined to roughly 50 percent. At the same time, the number of people who live with a partner and/or raise a child outside of marriage is increasing.
If you are a parent ordered to pay child support, then you need to take this obligation seriously. Not only is the financial contribution critical to your child's well-being, but you can face some serious penalties if you do not comply with child support orders.
Signing a prenuptial agreement is an important and valuable step to protecting yourself in life after marriage. The unfortunate reality is that not all marriages last, and signing a prenup can be a critical means of self-preservation.
A good example of the qualities of a good lawyer may be viewed actually by watching "Making a Murderer," the Netflix docuseries, and observing the defendant's attorneys. People are often mislead by the popular misconception that the loudest and most aggressive lawyer wins the case. This could not be further from the truth and it could end up costing you more in the long run.
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.
Requesting a triennial review of your child support isn't always a good idea. The fact is that a triennial review of your child support could also work against you.
In the recent New Jersey Appellate Division decision of Ortiz v. Ortiz, the Court ruled that qualification for VA disability may justify modification of child support and alimony obligations. In the matter Ortiz v. Ortiz, the party paying support achieved a 40 percent VA disability rating and the Court found this sufficient to open the case up for review and a potential downward modification of child support and spousal support.