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Atlantic City Legal Blog

Prenuptial agreements can protect millennials during divorce

Unlike previous generations, millennials in New Jersey and elsewhere are more likely to wait to get married. Part of the reason for this is that they want to feel financially secure first before walking down the aisle. In light of this, an increasing number of millennials who want to get married are first turning to prenuptial agreements to protect their individual assets in case they end up going through divorce later.

According to a U.S. census report, back in 1975, nearly 43 percent of women decided to be homemakers or stay-at-home moms. However, last year, only 14 percent decided to stay home full time. Clearly, more women today than decades ago are focusing on their careers and businesses, and those who develop these before getting married naturally want to protect them before the say their I Dos.

After a criminal conviction, are you eligible for expungement?

A criminal conviction does not just include a period of jail time and some fines and community service. It is not something you can get through and then forget about. A conviction is a permanent black mark on your record that can be seen by anyone that runs a background check on you. This means that a conviction for even a minor offense can haunt you. You may experience problems finding a job or getting an apartment.

Fortunately, there might be options available so that that one mistake does not ruin your chances of keeping your life on track. You may be able for expungement. A New Jersey court may seal your criminal records, including the arrest, or remove the conviction completely. This means that you will no longer have to include your arrest or conviction on job applications.

Property division during divorce handled equitably in New Jersey

The process of ending a marriage can naturally be confusing and emotionally challenging. This is true even those who have been married for just a few years versus a few decades. One particular area of divorce that often sparks contention in New Jersey is property division.

New Jersey is considered an equitable distribution state. This means that marital property will be divided in an equitable, for fair, manner during a divorce proceeding. Marital property refers to any property acquired in the course of the marriage.

Social media has contributed to rising divorce rate

As couples in New Jersey wrap up their summer vacations and head into the fall season, they may be seriously contemplating getting divorced. After all, perhaps they have had irreconcilable differences for a while, and their summer vacations made them realize they simply cannot overcome these differences. A couple of facts are important to know when it comes to getting a divorce.

First, the internet and social media have caused the divorce rate to rise. Part of the reason for this is that social media has made it so easy for people to reconnect or connect with others -- for instance, discovering old flames on Facebook or finding new people on Tinder. Unfortunately, the social media people enjoy using may also be killing their marriages.  

Nesting: an option during divorce

Parents in New Jersey who are going through the dissolution of a marriage can find comfort in knowing that their children will be able to move past their parents' marital dissolution over time. Still, this can be a life-altering event for children. One solution that parents have implemented when it comes to dealing with child custody during a divorce is called nesting.

Nesting happens when the children whose parents have gotten divorced get to stay in the marital home. This means they do not have to go back and forth between their parents' homes each week, for example. Instead, their parents are the ones who do the moving, with one parent staying in the house with the children at a time.

Divorce misconceptions involve spousal support, need for attorney

The dissolution of a marriage in New Jersey is never easy to navigate, and the more wealth a couple has accumulated, the tougher it can be. Unfortunately, some misconceptions related to divorce can make the process even more complicated. A couple of major divorce-related misconceptions involve spousal support and the need to hire an attorney.

Spousal support, also known as alimony, is a relatively tricky area of divorce law. Some spouses assume that support is based on their current income as a couple. In reality, support is based on their potential income.

Growing marijuana is a major crime in New Jersey

The governor of New Jersey, Chris Christie, has made it clear for many years that he opposes any kind of common sense marijuana law reform. That leaves thousands of people in New Jersey in a precarious legal position.

Despite causing harm to no one, these people face incarceration, steep fines and a criminal record, all for doing something many no longer consider a real crime. In fact, many people who qualify to legally own marijuana under the state's medical marijuana program are likely breaking the law by making the choice to grow their own instead of trying to find a place to buy it.

Protecting oneself possible during divorce

Unfortunately, marriage does not always last. Emotional disconnect and individual decisions can quickly cause married couples to decide to get divorced. A couple of tips may help those contemplating divorce in New Jersey.

First, a couple interested in dissolving their marriage may want to consider legal separation first. Legal separation is largely similar to divorce, but the difference is that the couple stays married. This enables them to do tax filing together and allows both parties to stay on the same health insurance plan if one of the spouses gets his or her insurance from an employer.

Child custody can be tricky to address

Divorce is simply a part of modern life in New Jersey and elsewhere. Unfortunately, it can greatly impact not only divorcing parents but also their children. A few tips may help parents dealing with matters that directly affect the children, such as child custody.

First, bringing a custody dispute to a resolution as quickly as possible is essential. The more quickly that the children know what their future living situations will be, the sooner they can start to reconstruct their worlds and achieve some stability once again. If possible, reaching a compromise about child custody before commencing a divorce trial is helpful.

Property division can be complicated during divorce

Getting divorced is one of the most challenging events an adult can experience. Unfortunately, sometimes divorce is inevitable due to irreconcilable differences between spouses. A couple of tips may help with dealing with the financial part of getting divorced, which can be just as complicated as the emotional aspect of a marital split-up.

During divorce, marital property is divided in an equitable manner in New Jersey, which is an equitable distribution state. This means that the splitting of assets will be done in a fair manner, although fair does not necessarily mean equal. Either way, one spouse might be awarded a portion of the other party's 401(k) through a qualified domestic relations order, or QDRO.

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