Kaplan Divorce Blog | Steven J. Kaplan, Esq. (6)

Equitable Distribution of A Law Practice in a NJ Divorce

"Equitable distribution" means that assets and liabilities should be divided fairly between the spouses.

A spouse's interest in a law practice can be one of the most valuable assets to that couple.

When trying to divide the value of a law practice in a NJ divorce case, the Court takes into account many factors as it struggles to determine what is "fair" under the facts of that particular case.

This means that the Court must consider the value of the practice and the contributions made by both spouses.

The value of a law practice can be difficult to determine, as it is often tied up in both tangible and intangible assets.

For this reason, it is important to have the law practice appraised by a professional valuator.

The valuator will provide a forensic calculation of the law practice's worth, which can then be used to negotiate a settlement or as a basis for the Court to make a determination (if the case does not settle and must go to trial.)

One option for dividing a law practice is for the lawyer spouse to buy out the other's share.

This can be done through a lump-sum payment or through a payment plan over time.

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

The distribution of assets can be complex and confusing, particularly when it comes to the division of a dental practice.

The distribution of assets can be complex and confusing, particularly when it comes to the division of a medical practice.

Your Pre-Marital Home in a NJ Divorce

In a New Jersey divorce case, what happens to a house owned by one party prior to the marriage?

Understanding Fathers' Rights in Monmouth County

Monmouth County Family Court Judges take the rights of both parents very seriously.

In recent years, there has been a significant shift in the legal landscape surrounding parental rights, particularly with regard to fathers' rights in divorce and custody cases.

Gone are the days when mothers were automatically granted primary custody of their children while fathers were relegated to secondary roles.

Today, the legal system in New Jersey recognizes the importance of both parents in a child's life and strives to ensure that fathers have equal rights to their children.

Equal Parenting Time:

One of the fundamental principles guiding family law in New Jersey is the belief in shared parenting responsibilities.

This means that both parents, regardless of gender, have the right to actively participate in their children's lives and make important decisions regarding their upbringing.

In custody cases, the courts prioritize the best interests of the child above all else, which often translates to a shared parenting arrangement where both parents are granted significant time with their children.

Factors Considered by the Court:

When determining custody arrangements, Monmouth County judges consider a variety of factors to ensure that the arrangement serves the best interests of the child.

These factors may include:

The child's relationship with you and your spouse.
Each parent's ability to provide for the child's emotional, physical, and developmental needs.
The stability of each parent's home environment.
The child's preference, if they are of sufficient age and maturity (for example, in most situations, a 15 year old's wishes will have a lot more weight with the judge than a 7 year old's wishes will.)
Any history of domestic violence or substance abuse.

It's important to note that the court's decision is not based on the gender of the parents (you know...mom vs. dad) but rather on their individual abilities to meet the needs of their children.

Legal and Physical Custody:

In New Jersey, custody is divided into two types: legal custody and physical custody.

Legal custody refers to the right to make important decisions about the child's upbringing, including matters related to education, healthcare, and religion.

Physical custody, on the other hand, pertains to where the child will reside on a day-to-day basis.

In many cases, parents are awarded joint legal custody, meaning they share decision-making responsibilities.

As for physical custody, the court may grant joint physical custody, where the child spends roughly equal time with each parent, or primary physical custody to one parent with the other parent having generous parenting time rights.

Parenting Time:

Even if one parent is awarded primary physical custody, the non-custodial parent is entitled to regular parenting time.

This ensures that the child maintains a strong relationship with both parents and has the opportunity to spend quality time with each.

It's worth noting that parenting time arrangements can vary widely depending on the circumstances of the case, but the overarching goal is to facilitate meaningful and ongoing involvement by both parents in their child's life.

Enforcing Fathers' Rights:

In cases where a father feels that his rights are being overlooked or undermined, it's crucial to seek legal representation from an experienced family law attorney.

A knowledgeable lawyer can advocate for the father's rights and work to ensure that the custody arrangement is fair and in the best interests of the child.

Final Thoughts:

In New Jersey, fathers have equal rights to their children in divorce and custody cases.

NJ Family Court Judges take this concept seriously.

The legal system recognizes the importance of both parents in a child's life and strives to create custody arrangements that promote the child's best interests while respecting the rights of both parents.

By understanding their rights and working with skilled legal professionals, fathers can play an active and meaningful role in their children's lives following a divorce or separation.

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

If you are a father seeking to protect your rights to your child, the most important thing for you to do before doing anything else is to learn the basics of NJ law in the area of child custody and separation and divorce.

undefined Stick around here for a while. I'll teach you what you need to know.

At no cost.

I've specialized in divorce and child custody in New Jersey for 37 years, and I've successfully represented many fathers against mothers who do not want them to be an equal part of their child's life.

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

My course will teach you how to turn your situation around to your advantage.

Every divorce or custody 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 or filing for custody here in New Jersey.

Are you ready to start turning things around?

The next move is up to you...!

CLICK HERE and begin learning how to get the "edge" in YOUR New Jersey divorce or child custody 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

Has Your Spouse Abandoned You?

Do you live in New Jersey?

Has your spouse deserted you?

If so, you can choose to file for divorce based upon desertion (although there may be better grounds...that will be discussed in another article on this site.)

In NJ, the concept of "desertion" is defined as "willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife".

This one-year requirement ensures the judge that the abandonment is not merely a temporary separation.

Documentation of your spouse's departure, witness testimonies, and communication records play a role in establishing the timeline and intent behind your spouse's desertion.

Moreover, providing evidence of your attempts to reconcile or your spouse's refusal to engage in reconciliation efforts will strengthen your case.

Whether you file for divorce based upon abandonment or another ground is not likely to affect the end result of your case, in my experience.

It is possible that the court may consider the circumstances surrounding the desertion when determining what is fair to you under the facts of your particular case, but not likely.

Additionally, alimony awards may be affected by the financial impact of abandonment on you, although that too is unlikely in my experience.

If you have children, desertion can impact custody determinations.

That is because N.J. family court judges prioritize the best interests of the child, taking into account factors such as parental stability, involvement, and the ability to provide a nurturing environment.

If your spouse has abandoned not only you but your children as well, then the judge may consider the deserting parent's commitment to the child's well-being and involvement in their life when making custody decisions.

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

I know that being deserted by your spouse is painful.

Notwithstanding the pain, "desertion" is only one of 9 grounds for divorce in New Jersey.

Even though you CAN file based upon desertion, it might be in your best interest to file based upon another ground.

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

That includes getting an understanding of the most useful ground or grounds for divorce that NJ offers to you.

Physical Abuse in NJ Divorce Cases

Physical abuse, with its visible and tangible consequences, is a serious matter that is taken seriously by New Jersey authorities.

Recognizing Physical Abuse:

Physical abuse involves the infliction of bodily harm and poses a direct threat to the safety and well-being of a person.

Unlike other forms of abuse, physical abuse often leaves visible scars and injuries.

Documenting instances of physical abuse, including dates, times, and specific details, is crucial for building a case in a New Jersey divorce proceeding.

Legal Implications in New Jersey: New Jersey family law recognizes the gravity of physical abuse and its impact on individuals and families.

Courts in New Jersey prioritize the safety of all parties involved and take proactive measures to address the unique circumstances of cases involving abuse.

It is imperative to consult with a divorce lawyer with experience with cases involving physical abuse to ensure that the legal process adequately addresses the complexities of your situation.

Restraining Orders: In cases of physical abuse, a person may seek a restraining order to ensure her or his safety.

New Jersey courts take these matters seriously, prioritizing the protection of victims.

If you are a victim of physical abuse, it is essential to work with a divorce lawyer who can guide you through the process of obtaining legal protection and advocate for your rights.

Child Custody Considerations: Physical abuse can impact child custody determinations in New Jersey.

Courts prioritize the best interests of the child, and exposure to a physically abusive environment may be considered detrimental.

Documenting instances of abuse and presenting evidence to the court is crucial in establishing the need for a custody arrangement that ensures the child's safety and well-being.

Rebuilding and Moving Forward: Beyond the legal aspects, people who have experienced physical abuse during their marriage may require additional emotional and psychological support.

Rebuilding one's life after a physically abusive relationship is a journey, and seeking the right support can make a significant difference in the process.

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

Verbal Abuse in N.J. Divorce Cases

If you live in New Jersey, and your spouse is verbally abusive to you, and if you are considering getting a divorce because of it, then keep reading.

As you undoubtedly have experienced, verbal abuse, while not leaving visible scars, can be quite damaging to a spouse.

Verbal abuse includes insults, humiliation, threats, and manipulation.

It often plays a significant role in the breakdown of a marriage, creating an unhealthy and toxic environment.

Documenting instances of abuse, including dates, times, and specific details, can be helpful in building your case for a New Jersey divorce proceeding.

Our New Jersey Family Court judges take a proactive approach to safeguarding the well-being of all parties.

Consulting with a divorce lawyer who has significant experience in handling cases involving abuse is crucial to ensure that the legal process adequately addresses the unique circumstances of your situation.

If you are experiencing severe verbal abuse, then it may be appropriate for you to seek a restraining order to ensure your safety.

Verbal abuse can sometimes impact child custody determinations in New Jersey.

Courts prioritize the best interests of the child, and exposure to a verbally abusive environment may be considered detrimental.

Documenting instances of abuse and presenting evidence to the court is crucial in establishing the need for a custody arrangement that ensures the child's protection from a verbally abusive parent.

Beyond the legal aspects, if you who have experienced serious verbal abuse during your marriage you will likely benefit from emotional and psychological support.

Rebuilding one's life after a verbally abusive relationship is a journey, and seeking the right support can make a significant difference in the process.

Hang in there... and if you live in New Jersey and are thinking about getting a divorce, you'll benefit by reading my comments below.

Stick around for a while...and keep reading...

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

Emotional Affairs in NJ: The Role of Counseling

Divorce is a multifaceted journey, and when emotional affairs become part of the equation, the complexities can escalate.

In New Jersey, it's essential to understand the emotional nuances involved in marital dissolution without expecting significant legal implications.

Moreover, recognizing the potential for skilled marriage counseling or therapy to intervene and salvage the relationship is crucial.

Understanding Emotional Affairs: An emotional affair centers around a deep emotional connection with someone other than a spouse, surpassing the bounds of a platonic relationship.

While it may not directly impact legal proceedings, the emotional fallout can be significant, often leading to the breakdown of trust and a breach in the marital relationship.

The Role of Counseling: In some cases, the intervention of a skilled marriage counselor or therapist can be instrumental in helping couples navigate the aftermath of an emotional affair.

Rather than immediately resorting to divorce, couples may find that addressing the underlying issues that led to the emotional affair can offer a path toward healing and rebuilding the relationship.

Recognizing the Emotional Impact: The consequences of emotional affairs on marriages are undeniable.

The betrayed spouse may grapple with feelings of betrayal, inadequacy, and a loss of trust, sometimes becoming a catalyst for the decision to seek a divorce.

Acknowledging and addressing these emotional aspects is crucial for both individuals and professionals navigating the divorce process.

Recommendations for Resolution: While emotional affairs may not carry legal weight, acknowledging and navigating the emotional components, especially with the assistance of a skilled counselor, can lead to a smoother divorce journey.

Conclusion: While emotional affairs may not have a direct impact on legal outcomes in a New Jersey divorce, their emotional toll on individuals and relationships is undeniable.

Recognizing the complexities involved and emphasizing the role of marriage counseling or therapy can empower clients to explore alternatives to divorce, fostering understanding, resilience, and the potential for renewed connection within the relationship.

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

If you are considering 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.

undefined I'll show you how you can do it.

I've been a New Jersey divorce specialist for 37 years.

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

My free NJ DIVORCE EDGE 2025 (click here) course will teach you how to turn your situation around to your advantage.

Every 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 New Jersey.

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 N.J. 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

Navigating Divorce in New Jersey: The Pragmatic Choice of Irreconcilable Differences Over Extreme Cruelty

Divorce is undoubtedly a challenging journey, and for those considering the path in New Jersey, understanding the available grounds for divorce is crucial.

In the Garden State, two commonly cited grounds for divorce are "Irreconcilable Differences" and "Extreme Cruelty."

While both provide a legal basis for divorce, a closer look at the practical implications often leads individuals to favor the former over the latter.

Irreconcilable Differences: A No-Fault Approach

One of the key advantages of opting for divorce based on irreconcilable differences is the no-fault nature of this ground.

In New Jersey, this means that neither party needs to assign blame or prove wrongdoing to obtain a divorce.

Instead, irreconcilable differences acknowledge that the marriage has broken down irretrievably, and there is no reasonable chance of reconciliation.

This approach tends to foster a more amicable and less adversarial divorce process.

By avoiding the need to prove fault, couples can often navigate the legal proceedings with less emotional strain and reduced animosity.

The focus shifts from placing blame to finding practical solutions for dividing assets, determining alimony, and addressing child custody matters.

Extreme Cruelty: A Burdensome Path

On the other hand, divorcing based on extreme cruelty requires one party to demonstrate that the other has engaged in conduct that has made it unsafe or improper for the couple to continue living together.

Proving extreme cruelty can be a complex and emotionally taxing process, involving the presentation of evidence and testimony to support the claim.

Choosing extreme cruelty as the grounds for divorce may inadvertently intensify conflicts between the parties.

The adversarial nature of proving cruelty can prolong the legal proceedings, adding stress and financial strain.

In cases where both parties are seeking a fresh start, opting for a no-fault divorce can expedite the process and minimize the emotional toll.

Legal Landscape: The Impact on Settlements and Custody

In New Jersey, the grounds for divorce can influence certain legal outcomes, particularly when it comes to the division of assets and child custody arrangements.

Opting for irreconcilable differences allows couples to focus on equitable distribution and collaborative co-parenting arrangements rather than dwelling on fault-based arguments.

Moreover, the Family Part of the Superior Court of New Jersey, where divorce cases are heard, often encourages parties to explore alternative dispute resolution methods like mediation.

Resolving disputes through mediation can be more effective when the grounds for divorce are based on irreconcilable differences, fostering a more cooperative environment for reaching settlements.

The Practical Choice: Irreconcilable Differences

While extreme cruelty may be an appropriate ground for divorce in certain circumstances, divorcing based on irreconcilable differences offers a pragmatic and less emotionally taxing alternative.

Choosing this no-fault approach can pave the way for a smoother legal process, allowing both parties to move forward with their lives.

In the end, the decision between extreme cruelty and irreconcilable differences should be guided by the unique circumstances of each case.

However, for those seeking a more efficient and cooperative divorce process, irreconcilable differences often emerge as the practical choice in the legal landscape of New Jersey.

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

If you are considering filing for divorce based upon cruelty or any other ground frankly, the most important thing for you to do before filing is to learn how to protect yourself, your children, and your assets.

undefined 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 narcissistic spouses.

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.

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.

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, NJ

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

Equitable Distribution of A Law Practice in a NJ Divorce

Equitable Distribution of A Dental Practice in a NJ Divorce

Equitable Distribution of A Medical Practice in a NJ Divorce

Your Pre-Marital Home in a NJ Divorce

Understanding Fathers' Rights in Monmouth County

Has Your Spouse Abandoned You?

Physical Abuse in NJ Divorce Cases

Verbal Abuse in N.J. Divorce Cases

Emotional Affairs in NJ: The Role of Counseling

Navigating Divorce in New Jersey: The Pragmatic Choice of Irreconcilable Differences Over Extreme Cruelty