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In New Jersey, understanding how courts treat assets during a divorce is crucial. A common point of confusion is whether certain property is exempt from division. Continue reading to discover whether courts divide gifts in a divorce or whether they remain separate. Reach out to a knowledgeable Morris County, NJ division of assets attorney for…

If you’re going through a divorce in New Jersey, understanding what a deposition is and its relevance is crucial to protect your rights during your case. Continue reading for more information and work with a knowledgeable Morris County, NJ divorce lawyer today. What is a Deposition? A deposition is a formal, sworn testimony given by…

If you’re getting married, understanding the protections offered by a prenuptial agreement is crucial, especially when it comes to future income. For more information and to secure the help of an experienced legal professional, continue reading and contact a skilled Morris County, NJ prenuptial agreement attorney at Townsend, Tomaio, Newmark, & Clancy, L.L.C. Is New…

The divorce process involves complex emotional and financial considerations. When a marriage ends, one of the most important legal issues is the fair division of property and assets. For couples in New Jersey, this is determined by the principle of equitable distribution. However, spouses may wonder whether personal assets like inheritance can be divided during…

The division of property is one of the most important but complex challenges faced during a New Jersey divorce. Understanding how assets and debts are divided is crucial to protecting your legal rights and financial future after your divorce. If you have questions or concerns about this process, do not hesitate to contact an experienced…

Navigating the divorce process can feel overwhelming, especially when alimony determinations are involved. Securing a fair support arrangement is crucial for maintaining financial stability after your divorce, but it requires preparation. Understanding which financial documents are necessary and how the court uses them is the first step in building a strong case for alimony. Continue…

If you are in the midst of a custody battle in New Jersey, you may be concerned about how to prove your status as the primary caregiver to your child. Understanding what this means and the role it can play in your case is crucial to protecting your parental rights and your child’s well-being. Read…

Divorce is a stressful process that can be made even more complex with the introduction of digital assets like cryptocurrency. In New Jersey, courts strive to ensure transparency and fairness when it comes to the distribution of marital assets. Because cryptocurrency can be moved quickly, stored without a traditional bank, and valued differently depending on…

Determining an equitable distribution of property during a divorce can be complex, and even more so when the spouses have equity-based assets that may not yet be exercisable or come with strings attached. While stock options and RSUs can be valuable benefits to employees, they can be confusing to divide during a divorce. It is…

Making the decision to end your marriage is difficult on its own, but it can be even more overwhelming when your spouse does not cooperate. Many people worry that a divorce can’t move forward without both spouses signing the paperwork. However, under New Jersey law, one party cannot prevent a divorce by refusing to sign.…

If you are filing for divorce in New Jersey, it is imperative that you understand all of your legal rights and options. One of the most important aspects of a divorce petition is the reason or ground for divorce, one of which is abandonment. Understanding what actions constitute abandonment and how you can claim this…

Pets have a special place in our lives, and many people view them not as property but as members of the family. However, New Jersey law does not fully agree with this assessment. Understanding how pets are handled in divorces is essential in protecting your rights regarding your animal. Read on and speak with a…

A major concern for many people going through a divorce is how they can revert to their former name. The easiest way to change your name is when the divorce case is still pending. However, there are alternative options depending on the details of the situation. For more information and to obtain knowledgeable legal advice,…

It is unrealistic to assume that each party’s financial circumstances will remain the same after a divorce. That is why New Jersey law allows alimony orders to be modified, given that there is a valid reason for the adjustment. If you have questions about the process and requirements expected of you, continue reading and reach…

We are pleased to announce that Cynthia J. Lambo, Esq., has been elevated to Senior Associate at Townsend, Tomaio, Newmark & Clancy, LLC. Cynthia brings over two decades of dedication to family law, representing clients through all types of matrimonial and family matters. Cynthia’s elevation to Senior Associate reflects her exceptional legal skills, her dedication…

Townsend, Tomaio, Newmark & Clancy, LLC is delighted to announce that Pegeen C. Williams, Esq., has been elevated to Partner. Since joining the firm in 2023, Pegeen has distinguished herself through her dedication to clients and deep knowledge of New Jersey family law. Her elevation to Partner underscores her significant contributions to the firm, her…

We are proud to announce that John E. Clancy, Esq., has been elevated to Named Partner, a milestone that also marks an important evolution for our firm. In recognition of John’s leadership, contributions, and long-standing role in the firm’s success, the firm will now be known as Townsend, Tomaio, Newmark & Clancy, LLC. John has…

Custody cases can be emotionally stressful for parents and children. When disputes escalate, parents may wonder if their child will need to speak in court or testify in order for the court to determine a fair custody arrangement. In New Jersey, the court’s primary goal is to protect the child’s emotional well-being while ensuring decisions…

During a divorce, one of the most contentious but important issues that must be addressed is how property will be divided between the spouses. Most people focus on the marital home or bank accounts, but an important long-term asset that can be impacted is an individual’s retirement benefits. Because New Jersey follows the principles of…

If you're getting a divorce, you may be wondering: will your spouse be entitled to half of your pension? The shorter answer is maybe, it depends on several factors. One of the most important factors is the length of the marriage. Courts typically rely on the equitable distribution statute, which outlines 15 factors that a…

When parents separate or divorce in New Jersey, one of the most important steps is determining how they will share time and responsibilities for their children. In a custody case, these terms will be outlined in what is known as a parenting plan. For more information on what parenting plans include and how they can…

If you're getting a divorce, you may be wondering: will your spouse be entitled to half of your pension? The short answer is maybe, it depends on several factors. One of the most important factors is the length of the marriage. Courts typically rely on the equitable distribution statute, which outlines 15 factors that a judge will consider when dividing marital assets.…

Life can change at any moment, especially in the months and years following a major life event such as a divorce. While the terms of your divorce agreement are based on what is fair and reasonable at the time of the divorce, your circumstances will not likely remain the same forever. If a significant change…

Some issues that prenuptial agreements also handle are the increase and decrease of the value of stock or CDs, and the prenup is about being fair. It's not about safeguarding every asset you acquire during the marriage. Most, it's very common for prenups to shield or handle premarital assets. But usually, more than not, most…

Oftentimes, clients are very curious as to how child support is calculated in the state of New Jersey. In New Jersey, we have a formula that's known as the Child Support Guidelines, and that formula revolves around inputs — various inputs such as the number of overnights spent with a child, how much everyone makes,…

If your spouse is in jail or prison, you do not have to put your life on hold. New Jersey law allows you to file for divorce while your spouse is incarcerated, and these types of cases are commonly processed by NJ courts. Understanding the steps required to get divorced when your spouse is in…

Divorce is rarely simple, but when your spouse shows narcissistic traits, it can push an already hard process into something even more draining. If you're dealing with someone who constantly denies facts, refuses to compromise, or uses manipulation to control conversations, you’re not alone. These behaviors don’t just wear you down emotionally. They can also…

Custody in the state of New Jersey is determined pursuant to statute, whereby the court would do an analysis as to the child's best interest and would review the statutory factors. The statutory factors include the needs of the child, the employment responsibilities of the parents, where the parents will be living after the divorce,…

Child custody is one of the most complex issues that matrimonial attorneys handle, and for many parents, choosing the right attorney for a custody case is one of the most important decisions they will ever make. Custody isn't determined simply by who has the nicer home or the greater financial resources. Instead, it involves a wide…

New Jersey courts have the authority to require divorced parents to pay for or contribute to their child’s college tuition and other expenses. For more information on your rights and responsibilities, work with a knowledgeable Morris County, NJ child support attorney. When is a Child Considered Emancipated in NJ? Emancipation is not as clearly defined…

Divorce, while often necessary and the best solution to a relationship that has broken down, can be extremely difficult both emotionally and financially. If you are filing for divorce, you may be thinking about ways to cut costs, like forgoing legal representation. While it is legally possible to file for divorce without an attorney in…

Oftentimes, before a party files for divorce, there's a period filled with unhappy differences, and sometimes even separation. During this time, it's important come to an agreement on several key issues: How the household bills will be paid What support, if any, one spouse will receive How custody and parenting time will be arranged If…

Many people are surprised to learn this, but in the state of New Jersey, there is no such thing as "legal separation." You're either married or you're divorced. It's sort of like being "a little bit pregnant", it simply doesn't exist under New Jersey law. That said, a lengthy separation can have an impact on certain aspects of your divorce,…

Divorcing a narcissist can be one of the most emotionally draining and legally complex experiences you can face. Narcissistic partners often manipulate, gaslight, and use the legal system to maintain control, delay proceedings, or harm the other spouse both emotionally and financially. Knowing how to protect your rights is crucial when divorcing a narcissist. For…

Divorce is never easy, but things can get even harder when the other parent acts controlling, self-centered, or unwilling to cooperate. If you're going through a separation with someone who has traits like this, it can feel like every step turns into a fight. These kinds of patterns can show up not just in the…

You might be hoping for a simple answer, but here's my snarky one: Mediation takes as long as it takes to get your ex-spouse, who currently hates your guts, to agree to a resolution.  Now for the legal answer. The truth is: you never really now. In all seriousness, your spouse doesn't care for you anymore, and that alone…

Divorce mediation is almost always more affordable than a traditional divorce. This is because the typical divorce process is an adversarial system, where two lawyers advocate for their individual clients, often leading to more conflict, more time, and higher legal fees. In New Jersey, for example, the divorce process can take around a year to complete.…

Getting divorced is one of the biggest decisions that a person can make, next to the decision to get married. Terminating a marriage is often the right thing to do, depending on the details of the relationship and the circumstances of the situation. However, some people second-guess their decision after they have already filed the…

A temporary restraining order (TRO) remains in effect until its either dismissed by the victim or by the court, or it is made final by the court. At any time, a victim has the right to dismiss a temporary restraining order. However, if the order is not dismissed, the court will typically schedule a hearing…

Oftentimes, people are unsure whether they should consider getting a prenuptial agreement. In almost every circumstance, it's a good idea to at least speak with a lawyer about it, even if you don't end up signing or preparing one. Marriage is one of the biggest decisions you'll ever make, and it's important to understand what…

We’re excited to share that Townsend, Tomaio, Newmark & Clancy has been recognized for excellence in the 2026 Best Law Firms® rankings! This recognition is a reflection of the trust our clients place in us and the dedication of our team to delivering the highest level of service. We are deeply grateful to our clients…

In the state of New Jersey, if you and your spouse cannot agree on custody arrangements, the decision will ultimately be made by a judge. A judge will carefully review the custody factors and evaluate what is in the best interest of your children. This process ensure that every decision is guided by fairness and focused on the well-being…

If you are going through a divorce in New Jersey, it is crucial that you understand the important role financial disclosure plays in the process. Whether both parties are fully transparent has a significant impact on the outcome of the settlement agreement. For more information, read on and consult with a Morris County, NJ divorce…

When a long-term relationship ends and there was never a marriage certificate involved, things can feel uncertain, especially when the couple has built a life together over the years. For many in Morris County, breaking up after living together for a long time feels just as messy as divorce. But without a legal marriage, questions…

Alimony is a form of financial support one spouse may be ordered to pay the other after a separation or divorce. There are several types of alimony, also referred to as spousal support, and each is generally designed to ensure the divorce does not financially devastate one party. While alimony is often required, the obligation…

In many of the cases we handle, unfortunately, substance abuse and alcohol abuse are issues that arise. In these situations, it’s crucial to take the necessary steps to not only protect your finances but also to safeguard your children. Consulting with a lawyer who understands these matters is essential. An experienced attorney will know what…

When parents decide to separate or divorce, two of the most important matters that must be handled are child custody and child support. Even after the parents split, they still share the responsibility of financially supporting the child. If one parent fails to make payments, however, a child support lien can be placed to enforce…

When it comes to seeking legal advice, especially in family or matrimonial matters, the recommendations I'd give are multi-faceted. Choosing the right attorney is one of the most important decisions you'll make, and it can greatly impact the outcome of your case. First and foremost, you must have a matrimonial attorney. You simply can't work with someone…

Many clients are often confused about what legal separation means in the state of New Jersey. In reality, there is no formal concept of "legal separation" under New Jersey law. In reality, there is no formal concept of "legal separation" under New Jersey law. If you have been living apart from your spouse and intend for that separation to be…

Family situations don’t always follow a set path. A change in a relationship, a move across town, or questions about how to raise the kids after a split can happen with little warning. When that happens, it’s easy to feel like everything is moving faster than you can manage. While it’s normal to hope things…

If you got married in a different state but now you or your spouse lives in New Jersey, you can file for divorce here. However, there are certain regulations to be aware of to ensure you protect your legal rights and options. Work with a skillful Morris County, NJ divorce lawyer for more information and…

When it comes to child custody, there are two main types you should understand: legal custody and residential custody.  Legal custody refers to a parent's rights to access important information about their children, such as medical and educational records, and to have input on major decisions that affect their well-being. This includes matters like healthcare, schooling, and other significant…

Custody cases can often take a long time to resolve, and there are several reasons for this. One major factor is the involvement of experts, such as custody evaluators, psychologists, or other professionals, whose input can take time to gather and review. However, another important factor to consider is the approach of the attorneys involved.…

Divorce can be a contentious and emotionally distressing process for couples. However, it does not always have to be that way. If you want to avoid going to court and the disputes that often come along with litigation, you have several alternative options. Many couples are choosing collaborative divorce instead of going to court for…

In family law, a motion is a formal application filed with the court in which a litigant requests specific relief. Motion plays an important role during and after the divorce process, as it provides a way for individuals to address issues that require court intervention. Filing a Motion During Divorce While a divorce is pending, either…

Receiving a summons and complaint in a divorce matter can be an unsettling experience. It is important to understand that this is a formal legal proceeding that requires a timely and appropriate response. Failing to act quickly may significantly impact your rights and the outcome of your case. Consult With a Certified Matrimonial Attorney Upon being served,…

If you have ever been involved in a custody dispute, you have likely heard the phrase “best interest of the child.” As a parent, it is important that you understand what this legal standard is and what it means for you and your child. Essentially, this means the judge assigned to a custody case in…

Many clients ask me what mediation is and what the process involves. Mediation is designed to avoid litigation, which is often a stressful and expensive way to resolve a divorce. Instead, mediation offers a more collaborative approach where both parties sit down with a mediator, either with or without lawyers. The process is confidential and…

Ending a marriage doesn't always have to feel like a battle. Collaborative divorce has become a more common path for couples who want to part ways without the stress, expense, or hostility that often comes with a courtroom fight. It's a process built on mutual respect, shared decisions, and guided conversations that aim to keep…

When people hear the word "alimony," they usually think of financial support after a divorce. But what happens when two people who have never married yet built a life together and eventually part ways? That’s where palimony can come into the picture. It’s a lesser-known term, but one that comes up more often than most…

If you are getting married and signing a prenuptial agreement, it is crucial that you understand what provisions can and cannot be included. To learn whether child custody terms in a prenup can be enforced, read on and consult with a knowledgeable Morris County, NJ prenuptial agreement attorney today. What is a Prenup? Prenup is…

Due to life circumstances changing, you may need to make alterations to a custody order after a divorce or separation. Many parents wonder whether they can modify their custody agreement without having to go to court. For more information, read on and consult with a knowledgeable Morris County child custody modification lawyer today. Why Are…

Who gets the house in a divorce? This is one of the most common questions clients ask, and the answer usually comes down to three main options for the marital home. Option 1: Sell the Home The first option is for the marital home to be sold, with both parties dividing the net equity from…

When two people who share children together separate or divorce, one of the most important issues that must be addressed is child support. Child support laws are designed to ensure that a child is always financially stable and supported, regardless of their parents’ relationship. If you have custody of your child and their other parent…

One of the most emotionally challenging things a person can do is file for divorce from their spouse. However, when you can’t locate your spouse, it can complicate the process. There are many reasons why you may not be able to find your spouse, whether you have been separated for so long that you have…

Planning a wedding comes with a long list of decisions. Amid the excitement, it’s easy to overlook legal matters like a prenuptial agreement. For many couples, just bringing up the idea can feel uncomfortable. But a prenup doesn’t have to be a deal breaker. In fact, more couples are openly discussing them before they marry.…

Our job is to take the pressure from you, put it to us. We will give you honest answers. We will tell you what the law says. We will tell you what we believe the judge will do here at Townsend, Tomaio, and Newmark. We have the team approach with regard to representing our clients.…

Owning a family business can be difficult, but something even more challenging is deciding how it will be divided if you and your spouse divorce. This type of decision can be overwhelming and emotionally complex. To learn more about your options during this time, work with an experienced Morris County, NJ business, property, and investment…

It is with great pride that we announce that several of our attorneys at Townsend, Tomaio, Newmark & Clancy have been honored in the 2026 Edition Best Lawyers Awards for Family Law. Congratulations are in order for the following attorneys: John E. Clancy, Esq. Rita T. Jerejian, Esq. Laurie L. Newmark, Esq. Angela V. Tafro,…

One of the most common questions that an individual filing for divorce has is how long the process will take. Ending a marriage can be extremely stressful and emotionally draining, and no one wants to endure a long and drawn-out fight. The length of a divorce can vary significantly depending on the state you are…

Understanding the different types of alimony that are recognized under New Jersey law is important for all spouses considering divorce. For more information, schedule your free case evaluation with a Morris County, NJ alimony and spousal support lawyer today. What is Alimony? Alimony is a form of financial support provided by one spouse to the…

If you want to adopt your spouse’s child but are facing resistance from the child’s other parent, you may be wondering whether you need their consent or not. You may be able to adopt your stepchild without the other parent’s permission, but the outcome of the situation will vary depending on the details of the…

Visitation orders are enforced by New Jersey courts, so there can be significant repercussions and penalties for violating the terms of the agreement. If your child’s other parent refuses to comply with the parenting order, it is crucial that you understand your legal rights and options. Work with a Roxbury, NJ parenting time and visitation…

Divorce is a significant transitional time in an individual’s life. One of the most important documents that comes out of a divorce case is the settlement agreement. Once the divorce agreement is signed and submitted, the sense of finality may be daunting. While a divorce agreement is legally enforceable, it can also be modified after…

In a New Jersey separation or divorce, one of the most important but contentious topics is custody of any shared minor children. State courts are tasked with creating or approving custody arrangements that prioritize the well-being and best interests of the children involved which is no easy feat. NJ state law outlines various factors to…

When parents separate or divorce, one of the most challenging issues that arises is child custody. While New Jersey law presumes that it is in the child’s best interest to maintain a relationship with both of their parents, there are certain circumstances that may warrant a parent’s visitation rights being denied or restricted. If you…

For someone without a legal background, the process of filing for divorce can be complicated and overwhelming. You will be required to fill out a substantial amount of documents that you may not fully understand, one of which is a financial affidavit. Understanding what a financial affidavit is and why it is relevant in divorce…

The process of ending a marriage can take several months or years of emotional turmoil, arguments, and overwhelming legal action. Many people refer to divorce as the most stressful time of their life. Understanding how to cope with the stress of divorce and the advantages hiring a lawyer can offer is crucial in protecting your…

In a New Jersey divorce where the couple shares minor children, custody arrangements are made to prioritize the best interests of the children. However, these arrangements are not necessarily set in stone. Circumstances change over time and it is possible that a custody order can be adjusted to match a family’s new reality. Continue reading…

Divorce can be one of the most frustrating and overwhelming processes, especially if you are dealing with an uncooperative or absent spouse. A common question petitioners ask is whether they can get divorced without their spouse’s approval or consent. While it is possible to proceed with the divorce without your spouse’s signature, it can make…

When parents in New Jersey go through a separation or divorce, one of the most challenging and emotional issues that they will face is determining custody arrangements for their minor children. In some cases, the children involved will express a strong opinion about custody. As a parent, you may be wondering whether your kid can…

If you and your spouse are considering divorce but are not quite ready to pull the trigger, you may decide to separate for a time to figure out what you want moving forward. Separation agreements, while not required in New Jersey, can be beneficial during this tumultuous time and provide spouses with a sense of…

Starting over after a divorce can be tough. Even if you can put aside your emotions and convince yourself that you’ve done the right thing, living on your own is going to be tough. Taking some steps to prepare yourself for your new life can make a big difference though. One thing our Morris County,…

We would like to welcome the newest attorney at Townsend, Tomaio, Newmark & Clancy, L.L.C., Dean T. Bennett. Dean brings an impressive 30-plus years of family law experience to our firm. Before joining our team, he served as the designated public defender for the City of Summit, New Jersey Bar Foundation. Here, he was frequently…

Getting a divorce can require quite a bit of paperwork, so it’s a good idea to know what kinds of documents you’ll need to gather before you get the process started. Our Morris County, NJ divorce lawyers can help you figure out what kinds of documents you need and make sure that filing for divorce…

Townsend, Tomaio, Newmark & Clancy, L.L.C. is happy to welcome Michael J. Fleres as our newest attorney. Michael is a family law attorney focusing on divorce, child custody, child support, alimony, equitable distribution, and domestic violence. Of note, he also has experience representing military members in family law matters unique to their service obligations. Michael…

When you and your spouse get a divorce, the marital property you share is going to have to be split up. Some are surprised to learn that this often includes retirement savings and benefits. Our New Jersey dividing retirement assets lawyers can help you figure out how this process works and ensure that you do…

You have rights as a parent, and they still apply even if you get a divorce. You and your ex need to cooperate, share parenting time, and share big decisions. If you think that your rights as a parent are being ignored or that your divorce agreement is being violated, you need to take action.…

Before you get divorced in New Jersey, you have to make sure that you have met the legal requirements to file your paperwork. Fortunately, these requirements are not too complex, and our Morris County, NJ divorce lawyers can tell you exactly what you need to do. What Are the Requirements To Get Divorced in New…

Going through a divorce is probably not going to be a pleasant experience, but you can take steps to protect yourself and avoid some of the common financial mistakes that trip up couples as they separate. Our Morris County, NJ division of assets attorneys can help you fight for a fair divorce agreement and sidestep…

A divorce can be complicated enough without other legal processes interfering. That’s why it can be tough to deal with a spouse who files for bankruptcy during your divorce. This can cause a variety of issues and is sure to delay the settlement of your divorce. Our Morris County, NJ division of assets attorneys can…

Congratulations to the lawyers at Townsend, Tomaio, Newmark & Clancy who have been honored and listed as New Jersey Super Lawyers and Rising Stars, as published by Thomson Reuters for 2025. Super Lawyers Honorees: John E. Clancy, Esq. Grace Eisenberg, Esq. Laurie L. Newmark, Esq. Angela M. Scafuri, Esq. Dominic A. Tomaio, Esq. Paul H.…

You probably know that your property needs to be split up during a divorce, but did you know that your joint debts have to be dealt with in the same way? If you and your spouse share any debt, that needs to be addressed during the divorce process. Our Morris County, NJ division of assets…

Child support is meant to cover a wide range of expenses. If it’s necessary to keep your child safe and happy, it’s probably something that your child support should be helping with. Our Morris County, NJ child support attorneys can help you negotiate a fair arrangement or modify an existing child support agreement. What Should…

It’s understandable if you don’t want to spend a lot of time on the divorce process. You shouldn’t rush into an agreement, but you can get a fast divorce if you are well-prepared and willing to try out alternatives to the courtroom. Our Morris County uncontested divorce attorneys can help you find ways to ensure…

Most of the time, a court believes that maintaining a relationship with both parents is in the children's best interest when a divorce occurs. When parents live close to each other, it can make it easy to make a custody arrangement. Maybe one parent has primary custody and the other gets to visit on a…

Prenuptial and postnuptial agreements are sometimes seen in a bad light, but the bottom line is that these documents can be great ways for you and your spouse to protect yourselves and your finances if you get divorced. If you are thinking about asking your spouse for a postnuptial agreement, you should be careful about…

There are a lot of issues to discuss when you get a divorce, and if you and your spouse cannot come to an agreement on key issues you are going to have to go to trial. It’s a good idea to know what to expect and how you can minimize the time spent, and money…

It can feel like a gut punch when your spouse files for divorce unexpectedly, especially when you thought that there was going to be an attempt to work things out. Unfortunately, you cannot just ignore the divorce papers and hope that the problem will go away. You need to respond, and you should really have…

Angela M. Scafuri will speak at a New Jersey State Bar Association (NJSBA) program titled, “WIPS Bada$$ Women Roundtable.” Alongside other Women in the Profession Section (WIPS) officers, Ms. Scafuri will touch on personal experiences and discuss ways to make a career and life path that is successful and fulfilling, all while maintaining authenticity and…