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  1. What Happens To A Pension in a Monmouth County Divorce?

    You live in Monmouth County and you may be heading for divorce.

    You've worked you backside off to save for retirement.

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  2. Highly Experienced Monmouth County Custody Lawyer

    Facing a child custody battle is an emotionally taxing experience.

    You need more than just a great experienced lawyer—you need a compassionate advocate with a deep understanding of child custody law and divorce proceedings.

    That's where I come in.

    I have 36 years of experience in Monmouth County fighting child custody battles.

    My Personal Journey into Family Law

    My journey into family law began with personal experiences that shaped my understanding of the profound impact that child custody cases and divorce cases can have on families, particularly children.

    Over 36 years of legal experience, I've witnessed firsthand the challenges families face when navigating child custody disputes and divorce proceedings.

    These experiences have taught me empathy, resilience, and the importance of providing unwavering support to my clients.

    Bridging Theory with Reality: My Approach to Child Custody

    I believe in bridging legal theory with real-world experiences to provide comprehensive and effective representation.

    My extensive experience as a judicial law clerk in the NJ Family Court, combined with decades of practicing law exclusively in child custody and divorce cases, mostly here in Monmouth County, has equipped me with the insights and expertise needed to navigate the complexities of child custody cases with confidence and compassion.

    Diverse Skills for Effective Advocacy

    My diverse background and skills set uniquely position me to advocate for your rights and the best interests of your children.

    From earning my Eagle Scout award at a young age to paying for my education through playing guitar with a band, I've cultivated qualities crucial to effective advocacy: integrity, hard work, and adaptability.

    My undergraduate college education focused on the study of Economics, English, and computer science, all of which further enhances my ability to analyze complex legal issues and communicate effectively with clients and the court.

    Decades of Devotion to Child Custody Law

    With 36 years of experience exclusively in child custody and divorce cases, I bring a wealth of knowledge and expertise to every case I handle.

    Whether negotiating custody agreements or litigating contested custody matters, I am committed to achieving the best possible outcome for my clients and their families.

    A Personal Commitment to Your Well-Being

    Beyond legal expertise, my primary focus is always on the well-being of my clients and their children.

    I understand the emotional toll that child custody disputes and divorce proceedings can take, and I am here to provide compassionate guidance and unwavering support every step of the way.

    My NJ Divorce Edge free educational program is a testament to my commitment to empowering people with the knowledge that they need to navigate these challenging issues.

    Your Trusted Advocate in Monmouth County

    If you're facing a child custody dispute or contemplating divorce in Monmouth County, NJ, you don't have to face it alone.

    With over three decades of experience exclusively in child custody and divorce cases, I am here to be your trusted advocate, providing compassionate guidance and steadfast support as we navigate the legal complexities together.

    Reach out to me if you need help, and let's take the first step toward a brighter future for you and your family.

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM

    If you are considering fighting for child custody or separating or filing for divorce, the most important thing for you to do before doing anything else is to learn how to protect yourself, your children, and your assets.

    undefinedI'll show you how you can do it.

    I've been a child custody and divorce specialist in Colts Neck (by Delicious Orchards) for 36 years, and I've successfully represented thousands of Monmouth County residents in Family Court in Freehold.

    I "get it" and I'm here to help.

    My free NJ DIVORCE EDGE 2024 (click here) course will teach you how to turn your situation around to your advantage.

    Every custody and divorce case is different.

    My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions based upon the particular facts of your situation.

    I get emails from strangers all the time thanking me for making this information available to them online at no cost, and I'm pretty certain that you, too, will get a lot of value from my emails.

    And if you want to stop the emails, I made it really easy for you to do that...

    One click on any email stops the course.

    But few people do that...

    Because the material is really helpful to anyone who is even just beginning to think about getting a divorce here in Monmouth County.

    SO HERE'S THE LINK.

    Are you ready to start turning things around?

    The next move is up to you...!

    Click the link above and begin learning how to get the "edge" in YOUR Monmouth County divorce case.

    Until next time,

    Steve
    Steven J. Kaplan, Esq.

    Specializing In Divorce
    Throughout New Jersey

    5 Professional Circle
    Colts Neck, NJ. 07722

    www.KaplanDivorce.com
    (732) 845-9010

    CLICK HERE To Learn About My Free NJ DIVORCE EDGE 2024 Course!
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  3. Filing For Divorce in Monmouth County Based Upon Mental Cruelty

    In New Jersey, "Extreme Cruelty" is a legal label for one of 9 recognized grounds for divorce.

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  4. "Should I Separate or Should I Divorce?"

    You've decided that you can no longer live with your spouse.

    But you've also heard about divorce and how devastating it can be, not only to the husband and wife but to their children as well.

    It makes one wonder whether a long-term or permanent separation is a viable alternative to divorce for you.

    Or at least for now.

    Here are my thoughts.

    Although I have not seen much of this in my 36 years as a Monmouth County NJ Divorce Lawyer, many years ago I knew a couple who handled their marital problems by separating, but not divorcing, in what appeared to be a most successful manner.

    Over 36 years ago, I worked for "David" at a children’s summer camp in that he owned.  Chris also worked at the same camp, as the arts and crafts counselor.

    David and Chris had two children, both of whom were campers when I was there, and thereafter I heard that both children ultimately worked at the camp as counselors.

    David and Chris, like so many other people in the 1970's, reached the conclusion that they were not very good at living together, for whatever reasons.

    They separated.

    However, they both realized that they still excelled at being friends and parents.

    They never divorced.

    What is so amazing to me as an experienced divorce lawyer, is how they made it work.

    David smiled as he walked the campgrounds daily, overseeing everything from the swimming program, to safely unloading dozens of school buses, to successfully handling staff morale issues, and everything in between.

    Smiling and being kind at all times, Chris oversaw a full schedule of arts and crafts, pottery making, and the like.

    When they were together, they talked and joked as good friends often do.

    Of course, I do not know if they fought about child support or parenting time or distribution of property or the dozens of other issues that separated couples fight over.

    From what I could tell, though, they did not; they appeared to just work things out among themselves.

    I always wanted to ask them, over these past 36 years since I stopped working at their camp, how they made it work.

    What happened when David bought a new car and Chris wanted one but perhaps couldn’t afford it?

    Did she ask David for “a raise?”

    Did David simply buy her a new car without her even asking for it?

    Did Chris have to threaten to take David to court in order for him to give her more money?

    If so, how did they continue working together for all those years, smiling and seeming to be best friends?

    I will never know how they made it work. Several years ago, both David and Chris died.

    They were both 50-something.

    I heard that Chris died first. 

    Her obituary listed David as her husband, as if they had never separated.

    I was told that about five weeks later, David died.

    For me, as a divorce lawyer who has spent 36 years working on everything from simple uncontested divorces to the most complex child custody cases, the story of David and Chris is remarkable.

    That a man and a woman can have children and separate, and then continue to function at such a high level for so many decades after separating, is most reassuring.

    Does this story seem attractive to you?

    Might you want to separate from your spouse but not seek a divorce?

    Or are you seeking the finality that only a divorce can bring, and the opportunity to perhaps start anew with another spouse?

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
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    Topics: Divorce, Marriage Counseling, Separation

  5. Voiding An Unfair Prenup in NJ

    Prenuptial agreements, commonly referred to as prenups, are becoming increasingly popular among couples in New Jersey.

    These legal documents outline the rights and responsibilities of each spouse in the event of a divorce, providing a clear framework for asset division and other important matters.

    However, it's crucial to understand that while prenups are generally enforceable in New Jersey, they must meet certain criteria to be upheld by a court.

    In New Jersey, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), which outlines the requirements for their validity and enforceability.

    One of the key principles underlying the enforcement of prenups in the state is the concept of reasonableness.

    In other words, a prenuptial agreement will only be enforced by a court if it is deemed reasonable both at the time it was signed and at the time enforcement is sought.

    What constitutes a reasonable prenuptial agreement?

    While there is no one-size-fits-all answer to this question, there are several factors that courts will consider when evaluating the enforceability of a prenup:

    1. Full Disclosure: Both parties must provide full and accurate disclosure of their assets, liabilities, income, and any other relevant financial information.

      Failure to disclose assets or debts could render the agreement unenforceable.

    2. Voluntary Consent: Each party must enter into the prenuptial agreement voluntarily and without coercion or duress.

      It's essential that both individuals have the opportunity to review the terms of the agreement and consult with their own legal counsel before signing.

    3. Fair and Equitable: The terms of the prenup must be fair and equitable to both parties.

      While it's common for prenups to address issues such as asset division, spousal support, and inheritance rights, the terms cannot be so one-sided as to leave one spouse in a significantly disadvantaged position.

    4. No Unconscionable Provisions: A prenuptial agreement cannot contain provisions that are unconscionable or against public policy.

      For example, a provision that waives a spouse's right to alimony altogether may be deemed unconscionable if it leaves the dependent spouse without any means of financial support.

    5. Reviewable Circumstances: Courts will also consider the circumstances surrounding the execution of the prenup, including the timing of its signing, the presence of legal counsel, and any changes in circumstances that may have occurred since the agreement was executed.

    It's important to note that even if a prenuptial agreement meets all of the above criteria, there is still no guarantee that it will be enforced by a court.

    Ultimately, the decision to enforce a prenup is at the discretion of the judge, who will consider the specific facts and circumstances of each case.

    In conclusion, while prenuptial agreements can be a valuable tool for couples looking to protect their assets and clarify their rights in the event of a divorce, it's essential to understand that these agreements must meet certain criteria to be enforceable in New Jersey.

    By working with a knowledgeable attorney and ensuring that the agreement is fair and reasonable, couples can increase the likelihood that their prenup will be upheld by a court if challenged in the future.

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
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  6. Estimating Alimony in NJ

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  7. Navigating Child Custody in New Jersey: A Basic Guide

    Are you facing the challenging process of seeking custody of a child in Monmouth County,New Jersey?

    Understanding the basics can help alleviate some of the stress and uncertainty that often accompanies such situations.

    Here's a broad overview of the custody process in the Garden State:

    1. Understanding Legal Custody vs. Physical Custody:

      • Legal Custody: This pertains to the authority to make major decisions about the child's upbringing, including matters related to education, healthcare, and religion. Legal custody can be joint (shared by both parents) or sole (granted to one parent).
      • Physical Custody: This refers to where the child resides on a day-to-day basis. Like legal custody, physical custody can also be joint or sole.
    2. Filing for Custody:

      • To initiate the custody process, a parent typically files a custody petition with the family court in the county where the child resides.
      • In some cases, custody may be addressed as part of a divorce proceeding, while in others, it may be pursued independently.
    3. Factors Considered in Custody Determinations:

      • New Jersey family courts prioritize the best interests of the child when determining custody arrangements.
      • Factors such as the child's relationship with each parent, each parent's ability to provide a stable environment, the child's preferences (if they're old enough to express them...we're talking about older kids, not young children), and any history of domestic violence or substance abuse may be taken into account.
    4. Mediation and Custody Agreements:

      • Before going to court, parents may be required or encouraged to attend mediation to attempt to reach a mutually acceptable custody agreement.
      • If an agreement is reached, it will be submitted to the court for approval, making it legally enforceable.
    5. Court Hearings and Custody Orders:

      • If mediation is unsuccessful or not required, the custody dispute may proceed to a court hearing.
      • During the hearing, both parents will have the opportunity to present evidence and testimony supporting their desired custody arrangement.
      • The judge will then issue a custody order outlining the terms of legal and physical custody.
    6. Modification of Custody Orders:

      • Custody orders are not necessarily permanent and can be modified if there's a significant change in circumstances that warrants it.
      • Common reasons for seeking a modification include a parent's relocation, changes in the child's needs, or concerns about the child's safety.

    Navigating child custody matters can be emotionally challenging, but with the right knowledge and a good, experienced lawyer, you can advocate effectively for your child's best interests.

    Hiring an experienced Monmouth County family law attorney will provide invaluable support throughout the process.

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
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  8. Do You Feel That You Need A Divorce Because of Abuse?

    In my experience as a Colts Neck divorce lawyer for the past 36 years, abuse by a spouse often causes a person to seek a divorce. 

    Abuse within a marriage can take many forms – physical, emotional, verbal, financial, or sexual.

    If any of these forms of abuse are happening to you, then it may be helpful to you to understand your rights, particularly your right to be left alone, as you navigate the complexities of divorce.

    In Monmouth County, if you are a victim of abuse then you have legal protections and resources available to help you break free from your abuser and rebuild your life.

    One of the fundamental rights of victims is the right to be left alone, free from harassment, intimidation, and further abuse from their abusive spouse.

    This right is enshrined in New Jersey's Prevention of Domestic Violence Act.

    Under this law, if you are a victim of domestic violence then you can ask a Superior Court judge in the Monmouth County Court House in Freehold (during business hours) or a municipal court judge in your town's police department (during non-business hours) for a restraining order against your abuser.

    If the restraining order is granted to you by the Judge, then it will prohibit your abusive spouse from contacting or coming near you, under penalty of arrest and incarceration.

    A restraining order can provide you with crucial legal protection, allowing you to establish boundaries and ensure your safety during and after the divorce process.

    If necessary, a judge hearing your domestic violence case can also grant you temporary custody of your children and exclusive possession of the marital home to further ensure your safety and well-being.

    Additionally, you may be entitled to financial support, including spousal support and child support, to help you establish independence and to allow you to rebuild their life.

    If you are a victim of abuse at your spouse's hands, it is important for you to remember that you are not alone.

    180 Turning Lives Around is a Monmouth County agency that is dedicated to helping you access the resources that you may need to move forward.

    This organization can provide you with abuse counseling, shelter and other essential services to help you stay safe and rebuild your life, free from abuse.

    You should also consider developing a safety plan, seeking counseling or therapy, and surrounding yourself with a strong support network of friends, family, and professionals who can offer assistance and guidance.

    Furthermore, you should document instances of abuse, including keeping records of threatening messages, injuries, and any other evidence that may support your case in court.

    By documenting the abuse, you can strengthen your legal position and increase the likelihood of obtaining a more favorable outcome in your divorce proceedings.

    Ultimately, the most important thing for you to remember is that you have rights and options available to you.

    No one deserves to live in fear or endure abuse, and divorce can provide a path to safety, freedom, and a better future.

    By seeking legal assistance, accessing support services, and prioritizing your own well-being, you can take control of your life and begin the healing process.

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
     
    If you live in Monmouth County and if you are considering separating or filing for divorce based upon your spouse's abuse, the most important thing for you to do before doing anything else is to learn how to protect yourself, your children, and your assets.

    I'll show you how you can do it.

    I've been a divorce specialist in Colts Neck (by Delicious Orchards) for 36 years, and I've successfully represented many people against abusive spouses.

    I "get it" and I'm here to help.undefined 

    My free NJ DIVORCE EDGE 2024 (click here) course will teach you how to turn your situation around to your advantage.

    Getting a divorce from a spouse who is abusing you will require you to make many tough decisions.

    Making the wrong decision can be the difference between getting a good result (or at least a result that you can live with) and getting a bad result.

    Getting "the edge" in your divorce case from your abusive spouse will come down to developing the ability to consistently make the right decisions in your case.

    And that's where I come in.

    My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions for you, based upon the specific facts of your case and the specific behavior of your alienating spouse.

    You will get my best articles.

    I get emails from strangers all the time thanking me for making this information available to them online at no cost.

    I'm pretty certain that you, too, will get a lot of value from my emails.

    And if you want to stop the emails, I made it really easy for you to do that...

    One click on any email stops the course.

    But few people do that...

    Because the material is really helpful to anyone who is thinking about getting a divorce in Monmouth County.

    SO HERE'S THE LINK.

    Are you ready to start turning things around?

    The next move is up to you...!

    Click the link above and begin learning how to get the "edge" in YOUR Monmouth County divorce case.

    Until next time,

    Steve
    Steven J. Kaplan, Esq.

    Specializing In Divorce
    In Monmouth County

    5 Professional Circle
    Colts Neck, NJ. 07722

    www.KaplanDivorce.com
    (732) 845-9010

    CLICK HERE To Learn About My Free NJ DIVORCE EDGE 2024 Course!

     

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  9. Emotional Abuse in NJ Divorce Cases

    Divorce can be an emotionally challenging process under any circumstances, but when emotional abuse is involved, the situation becomes even more complex.

    Emotional abuse, or psychological abuse, can have profound and lasting effects on individuals and families.

    Recognizing and addressing emotional abuse in divorce proceedings is crucial for ensuring your well-being.

    What is Emotional Abuse?

    Emotional abuse is a form of manipulation and control that undermines an individual's sense of self-worth and autonomy.

    Unlike physical abuse, which leaves visible marks, emotional abuse often goes unnoticed by outsiders, making it difficult to detect and address.

    However, its impact can be just as devastating, if not more so, than physical abuse.

    Examples of emotional abuse include:

    1. Verbal insults and degradation
    2. Constant criticism and belittling
    3. Gaslighting and manipulation
    4. Isolation from friends and family
    5. Threats and intimidation

    Emotional abuse can occur in any relationship, regardless of gender, age, or socioeconomic status.

    In the context of divorce, emotional abuse can be used as a tool to exert control over the other spouse and gain an advantage in legal proceedings.

    Recognizing Emotional Abuse in Divorce Cases

    Identifying emotional abuse in divorce cases can be challenging, especially if the abuse is subtle or masked by other issues.

    However, there are signs and patterns that may indicate the presence of emotional abuse, including:

    1. Frequent outbursts of anger or rage
    2. Manipulative behavior and guilt-tripping
    3. Excessive jealousy and possessiveness
    4. Withholding affection and emotional support
    5. Controlling finances and decision-making

    It's essential for someone who is experiencing emotional abuse to trust their instincts and seek support from trusted friends, family members, or professionals.

    Additionally, consulting with a qualified divorce attorney who understands the dynamics of emotional abuse can provide valuable guidance and assistance.

    Addressing Emotional Abuse in New Jersey Divorce Proceedings

    In the state of New Jersey, emotional abuse is taken seriously in divorce proceedings.

    While emotional abuse itself may not be grounds for divorce, it can impact other aspects of the divorce process, such as child custody, alimony, and asset division.

    When emotional abuse is a factor in a divorce case, it's essential to gather evidence and documentation to support the claims of abuse.

    This may include emails, text messages, witness testimony, or reports from mental health professionals.

    Working with an experienced divorce attorney who is familiar with handling cases involving emotional abuse can help ensure that your rights are protected and that appropriate measures are taken to address the abuse.

    Seeking Support and Healing

    Divorce is never easy, especially when emotional abuse is involved.

    It's essential for a person who has experienced emotional abuse to seek support and resources to help her heal and rebuild her life. This may include therapy, support groups, or other forms of counseling.

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
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  10. Tracking Devices Are Illegal In NJ

    In today's digital age, technology plays an increasingly significant role in many aspects of our lives, including divorce proceedings.

    As a New Jersey divorce lawyer, I often encounter clients who inquire about the use of tracking devices to monitor their spouse's movements or activities during the divorce process.

    While it may seem like a tempting strategy to gather evidence or gain leverage, it's crucial for divorcing people in NJ to understand that using tracking devices can constitute a form of stalking and is illegal under New Jersey law.

    The use of tracking devices, such as GPS trackers or spyware installed on smartphones, to monitor another person's movements or activities without their consent is a violation of privacy rights.

    In New Jersey, stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer emotional distress.

    This includes tracking someone's location or monitoring their communications without their knowledge or consent.

    It's important for someone going through divorce proceedings to recognize that resorting to such invasive tactics can have serious legal consequences.

    Not only is the use of tracking devices unethical, but it can also lead to criminal charges and civil liability.

    In New Jersey, stalking is a criminal offense punishable by imprisonment and fines, and individuals found guilty may also be subject to restraining orders and other legal penalties.

    Moreover, evidence obtained through illegal means, such as the use of tracking devices, is likely to be inadmissible in court.

    Judges typically frown upon tactics that violate privacy rights and may exclude such evidence from consideration during divorce proceedings.

    This means that any information gathered through the use of tracking devices may not be used to support claims or arguments in court, undermining the credibility of the party who employed such methods.

    Instead of resorting to underhanded tactics like using tracking devices, someone who is involved in divorce proceedings should focus on pursuing legal avenues for obtaining relevant information and evidence.

    This may involve engaging the services of a qualified divorce lawyer who can assist in gathering evidence through lawful means, such as subpoenas, witness testimony, and financial records.

    Furthermore, it's essential for divorcing people to prioritize their emotional well-being during the divorce process and to refrain from engaging in behaviors that could exacerbate tensions or escalate conflicts.

    Using tracking devices not only violates the privacy and autonomy of the other party but also perpetuates a hostile and adversarial dynamic that can prolong the divorce process and inflict further emotional harm on all parties involved, including children.

    In conclusion, as a divorce lawyer in New Jersey, I strongly advise against the use of tracking devices as a means of gathering evidence or monitoring a spouse during divorce proceedings.

    Not only is it illegal and unethical, but it's also unlikely to yield favorable outcomes and may ultimately harm the individual employing such tactics.

    Instead, people going through divorce should focus on seeking legal guidance and pursuing fair and equitable resolutions through lawful means, with the assistance of a qualified divorce lawyer.

    By prioritizing integrity, respect, and adherence to the law, divorcing people in New Jersey can navigate the divorce process with dignity and integrity, ultimately achieving outcomes that serve their best interests and those of their families.

    THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
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