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Salvatore DePinto, Attorney at Law,

What factors could impact how assets are divided in your divorce?

When you are getting divorced, you may have many financial concerns. This includes worries about how the various assets you and your spouse collected over the years will now be split up.

You might end up reaching a full agreement with your ex over how property will be divided. Or you might be unable to come to such an agreement and have to leave certain property division decisions up to the court. When getting divorced here in New Jersey, it is very important to understand what courts in the state do when it comes to property division decisions. This is the case even if you anticipate you and your ex will reach a full agreement on property division, as it can affect bargaining positions in property division negotiations.

Understanding probate requirements in New Jersey

You may have been warned to avoid probate, but you might not fully understand what it is. Probate is a legal process used to handle the payment of debts and transfer of assets after a person has died. The process is supervised by the county Surrogate Court.

When probate isn’t necessary

What happens when you can’t pay child support?

As a parent, you likely want to make sure that your child has access to the supplies and care that they need. Child support can help take care of your kids, but that doesn’t mean it is always possible to make those payments.

There are several reasons why your child support agreement might not be realistic anymore. You may face the loss of your job, a significant pay cut, decreased income in retirement or a highly expensive medical issue. Events like these might be out of your control, but you do have options to avoid support violations.

New baby? New estate plan!

The arrival of a new child—especially the firstborn—creates much anticipation and excitement within a family. Suddenly a couple becomes three or more, and with that comes new hopes and expectations for the future.

With a new edition comes more planning: Picking a name, selecting a daycare, choosing a pediatrician. The most important plan, however, that you can make is often the one that folks delay—sometimes indefinitely: An estate plan.

Estate planning: It’s more than a one-time endeavor

You may think you don’t need one—after all you’re young and have very few assets: A car that’s paid for, sure, and about $7000 in a 401K. It’s hardly worth worrying about.

Or perhaps, even though you are a single parent, you have no money to leave your child anyway—nothing more than about 100 dollars in the bank. Why worry about a will?

Understanding custody options

Few parts of the divorce are more stressful that the worry of how it will affect the children. The lifestyle change is significant, and learning the basic terminology to discuss your options can be daunting.

Custody is often a contentious issue, and there are two primary elements: physical custody (guardianship), and legal custody (decision-making). Both are influential to your children and affect your continuing relationship with them, but each in a different way.

The myth of getting through the holidays

The holidays are a festive time with family and a time when many reflect on the past and consider the future. That combination seems to be the perfect storm when it comes to filing for divorce, as the first Monday after Christmas is one of the busiest days of the year.

Considering that the season is affiliated with words like holly, jolly and merry, the contrasting nature of divorce stands out. While every couple is unique and the reasons for a divorce are never just a single item, there are some noteworthy factors unique to the holiday season.

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