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In New Jersey, parents have a legal obligation to support their children financially. As a result, child support is often paid to the custodial parent by the non-custodial parent. The custodial parent is the parent with whom the child resides the majority of the time. Because this parent spends more time with the child, he…

When a couple gets married, they combine certain assets. So, if they are getting divorced, what happens to their shared assets? Many people wonder what they are entitled to in their divorce. Read on to learn more about equitable division in New Jersey and what you are entitled to in your divorce. Marital Property vs.…

Child support is incredibly important to the well-being of a child. As such, both parents have a legal responsibility to help care for their children financially. But, sometimes, this becomes difficult. Read on to learn more about child support payments in the event of unemployment. How is Child Support Determined in New Jersey? When making…

Child custody can be complicated, as a result, you may have questions regarding paternity in New Jersey. If you are interested in learning more about the rights a father has and how custody is determined, read on for more information. What are Father’s Rights? When it comes to determining your rights as a father, the…

Child support is often awarded in divorce cases involving younger children. Financial assistance is incredibly important when it comes to the well-being of a child, so it is taken seriously in the state of New Jersey. As a result, failing to pay child support can have some major consequences. If you have questions regarding your…

Adoption is an incredible act. Many families and individuals choose to adopt for many different reasons. Because each family is so different and has varied needs and reasons for adopting, there are different types of adoptions. If you are wondering which type of adoption may work best for you and your loved ones, read on…

It has been said that when you marry your spouse, you marry his or her family as well. When two families join together, wonderful new bonds can be created. But, sometimes this union can be complicated and not everyone involved will see eye to eye. A common source of disagreement is that of a prenuptial…

When it comes to divorce proceedings, there are certain things you will want to make sure you do, and certain things to avoid. Your behavior and the actions you take can impact your divorce in many ways. Read on to learn more about divorce proceedings in New Jersey. Do: The goal of a divorce for…

Sometimes, if a parent is deemed unfit, he or she will lose custody of his child. This can be difficult for both the individual and the child, so it is best to reach out to a family law attorney as soon as possible. Reach on for more information. New Jersey's Types of Custody In New…

If you and your spouse have a child, and you decide to get divorced, you will have to determine what to do when it comes to child support and child custody. These matters can be determined through the court or through mediation depending upon your circumstances and the terms of your relationship with your spouse.…

Townsend, Tomaio & Newmark is pleased to announce that Grace Eisenberg, Esq. has been elevated to partner of the firm. Ms. Eisenberg received her Juris Doctor from Seton Hall University School of Law in 2000, and since then, she has practiced family law for various boutique law firms throughout Morris and Essex Counties before finally…

If you become a stepparent, you may have a lot of questions regarding your parental rights. Some stepparents adopt their stepchildren and become legal guardians. This can be a difficult process, and you will need the help of a dedicated family law attorney if you are interested in adopting your stepchild. Read on to learn…

In today's day and age, we post everything on social media. This can seem harmless, but what many people don't realize is that social media can be used against you when it comes to divorce proceedings. If you are in the process of getting divorced, you have to be extremely careful about what you post.…

When a couple decides to get divorced, they must untangle their lives together. This can be understandably difficult and complicated for many couples. After years of both saving up and making large purchases together, it can be hard to decide who should get what. In a New Jersey divorce, assets are divided equitably. So what…

Some people grow up dreaming of their weddings. Others know for a fact that marriage is not something they want. Both of these decisions are perfectly valid and acceptable. But, marriage does come with certain benefits. If you wish to remain unmarried but share some of these benefits with your partner, you may be interested…

The holidays are a family-oriented time. For divorced couples who share custody, this can make things difficult. How do you share custody during the holidays? Can you change a custody agreement in New Jersey? What about grandparent visitation rights? These are all questions that are brought up often during the holiday season. Read on to…

Domestic violence is something many people face. The media portrays domestic violence in a specific way, so it is often misunderstood. It is important to be educated about what domestic violence looks like and what to do if you or a loved one is involved in a domestic violence situation. Read on to learn more…

Different adoption options & processes Under the American legal system, there are several avenues for adoption,  all with their sub-categories and rules. Adoptions of U.S. children are categorized as domestic (via an agency), independent (without an agency), or via the foster care system. An adoption from overseas, on the other hand, has specific requirements depending…

Today, divorce is an issue many couples face. When it comes to divorce, there are a few different routes you can take. Mediation is becoming more and more popular as a way to settle a divorce. So, what is mediation? How does it differ from the other options? What matters can be resolved through mediation?…

The holidays can be a difficult time for parents who are divorced but share custody. It is likely that each parent will want to spend Christmas with their children. You may be wondering how you should handle custody when it comes to the holidays. For the most part, the right answer is to simply do…

Any divorce is difficult, but a high net worth divorce can be especially complicated. This is because the more assets a couple has, the more there is to divide. This can make the process long and complex. Sometimes, with so much on the line, one or both spouses may try to keep certain assets hidden.…

If you are in the process of getting a divorce, many aspects of your life will change. Your estate plan should be updated to reflect these changes. Your estate plan allows you to make important decisions regarding your future. Many couples create estate plans involving each other once they are married because they have combined…

Many couples face the prospect of divorce. When you get a divorce, there are many matters to decide upon. You may have to consider child custody, division of assets, and so on. Another decision you have to make is how to decide these matters. There are multiple methods when it comes to finalizing a divorce.…

Alimony is a matter that is considered in many divorces. What many people do not realize is that there are different types of alimony. Additionally, alimony is often stigmatized and has a lot of false connotations. For example, many people assume gender plays a role in alimony decisions, but this is not the case. No…

When a couple chooses to get divorced, there are many matters that must be resolved, such as child support, child custody, alimony, and so on. But, things change. An agreement that may have worked at the time of the divorce may no longer work for you down the line. A divorce can drastically change your…

Thanksgiving is a family-oriented holiday. It is a day to celebrate what we are thankful for, and for many, the answer is family. It is only natural for parents to want to spend the day with their children. But, for divorced couples, this is not always possible. The holidays can be a difficult time for…

Once two people choose to untangle their lives together, a lot of big changes may follow. For example, you or your ex-spouse may choose to move out of state, or go down a completely different career path. Your circumstances may change dramatically, and if children are involved, these changes can greatly affect them. Child custody…

No one gets married planning to get divorced, but life can be unpredictable. Nowadays, many couples face the prospect of divorce, but when high net worth individuals choose to get divorced, things can become especially complicated. Any kind of divorce is difficult, but the more assets involved, the more complex things become. As a result,…

When it comes to domestic violence, there are many forms of abuse. One form of abuse is financial. This may include completely controlling one's finances or running up credit card debt, among other things. Lacking finances, or control over one's finances, can make it feel impossible to leave an abusive situation. If you or a…

A divorce is a complicated matter. Things become even more complicated when children are involved. As a result, courts will often make decisions on behalf of the parents when it comes to child custody. This is done to ensure that the child's well-being is put first. Read on to learn more about child custody, the…

Nowadays, many couples face the prospect of divorce. While a divorce can be a difficult process to go through, it can be the most beneficial option for you, your spouse, and your families. Every couple is different, and every divorce is different. Some divorces are more complicated than others, whereas some are quickly and amicably…

A prenuptial agreement can be a difficult subject to broach with your future spouse. There is a negative stigma surrounding prenuptial agreements, but they can be beneficial to both parties in the long run. A prenuptial agreement can benefit a marriage in many ways. For example, it will likely allow for open and honest communication.…

There are many different ways a divorce can take place in the state of New Jersey. Sometimes, spouses are able to work out their marital issues without the assistance of a judge. However, there are others who may need the assistance. Continue reading below to learn about the different types of divorce in New Jersey…

When parents get divorced, one of the parts of life that it impacts is the holidays. It is because of this that many people designate the holidays they will spend with their child. This can include Halloween. Parents who are divorced do not always get to spend Halloween with their child every year. In the…

Paul H. Townsend, Esq. of TTN Law was recently interviewed by Business Talk Radio. Click one of the two links below tune in tomorrow, 10/26 at 9:16 am, and listen to what Attorney Townsend has to say about our law firm, how the recent pandemic has shaped our practice, and more. https://businesstalkradio1.com/studio-three/ https://tunein.com/radio/Busness-Talk-Radio-s297288/

When a divorce takes place, there are many couples who have to complete the process through litigation. These situations can subject their assets to equitable distribution. This process is when the court determines how to divide a couple’s assets fairly between the two of them. It is important to know this is not necessarily an…

The division of assets in a divorce can sometimes cause great conflict. It is because of this that some couples may choose to enter into a prenuptial agreement before they get married. Simply put, this is a document that designates how both pirates will divide their assets in the event that they divorce in the…

One of the most sensitive matters in New Jersey divorce proceedings is that of child custody. No parent ever wants to be without their child. There are many divorce cases in which parents are able to work together in order to reach decisions regarding custody. In the event that they cannot, the court may decide…

When spouses file for divore, it is important to know they are not required to go through this process in the courtroom. There are other alternatives to divorce in New Jersey that allow couples to avoid litigation. A common alternative is mediation. Continue reading below to learn more and contact a New Jersey divorce attorney…

While it is not yet the holiday season, the time of year is quickly approaching. Because it is always important to be proactive, it can be time to revisit your parenting plan. All parents like to spend the holidays with their children. However, if you and your child’s other parent are divorced, it is important…

Dealing with custody matters during or after a divorce in the state of New Jersey can often become complicated. This is because it is an emotional situation, as no parent wants to lose time with their child. As if this is not a difficult enough time, there are a variety of personal situations that can…

There are several parts to a divorce. One of the most notable is the division of assets between both spouses. This is when their marital assets are divided based on the fair and just method of equitable distribution. When going through this process, spouses often fear losing certain assets. This can lead them to want…

Divorces impact more people than just the two spouses involved. In many situations, it can significantly affect their families. When there are children involved, parents often worry about the time they will spend with them. This same concern applies to grandparents as well. In most cases, the court encourages the involvement of grandparents in a…

The process of mediation is a common alternative to a litigated divorce or family law matters. Mediation involves the participation of both parties as well as an unbiased third-party mediator to help divorcing spouses or parents reach conclusions regarding their issues. Generally, this is a voluntary process that parties can choose to engage in. However,…

While no one wants to consider the idea of facing divorce or bankruptcy in their life, the reality is that it can sometimes happen to people at the same time. If a couple is facing divorce proceedings and one spouse files for bankruptcy during this time, it can cause complications for the proceedings. It is…

There are many situations in which couples wish to get an annulment rather than a divorce. If you are looking to learn more about this process, continue reading below to learn more and contact an experienced New Jersey divorce attorney for assistance during this time.  What is the Difference Between Annulments and Divorces? The main…

While there are some cases in which divorces can happen amicably, there are others marriages that end where spouses are not on good terms. It is in these situations where divorce proceedings can consist of a great deal of hostility and conflict. However, this does not always have to be the case. There are ways…

During a divorce, expert witnesses are sometimes used to assist a case. This is typically done outside of litigation through alternative dispute resolution methods, such as mediation, arbitration, and collaborative divorces. These individuals are often in the financial or psychological field. Using an expert is valuable because of their knowledge, experience, and unbiased view of…

When going into a divorce, there are many difficult decisions that must be made. This includes the type of divorce a spouse will file for. In the state of New Jersey, there are two options when filing for divorce. This includes fault-based divorce or a no-fault divorce. It is important to understand the process and…

The process of divorce requires couples to separate their lives from one another. This involves dividing any assets they have between the two of them. This is rarely an easy process, as spouses often do not want to give up things they cherish. This can include a family home. In most cases, spouses wonder what…

People can experience divorce at any age, even after being married for over 40 years. Cases such as these became known as “gray divorces.” Originally, the term came from the idea that anyone married for this long must be starting to gray. However, it is more commonly used now for divorces of spouses in their…

No one’s life stays the same forever. As we grow, we experience a variety of changes that can bring our life in different ways. When people go through changes in their life after a divorce, there are ways that their settlement agreement can be impacted. This may affect alimony, child custody, child support, parenting time,…

There are instances in which an employee of a large company may receive compensation in ways beyond their regular salary. Sometimes, a compensation package may include restricted stock units (RSUs) as additional compensation. When an employee who has RSUs is going through a divorce, they may wonder whether or not they are subject to equitable…

The process of divorce divides a couple’s assets amongst the two of them. In some marriages, spouses have certain assets that are valuable and sometimes considered luxury assets. This can include collector’s items, vacation homes, fine art, recreational vehicles, club memberships, and more. When dealing with these assets in a divorce, it is important that…

Going through a divorce is not a simple process. It is because of this that it is beneficial for spouses to prepare themselves ahead of time if they can. This can be done in a variety of different ways, such as gathering the proper documentation that will be needed throughout the proceedings. Continue reading below…

There are many different matters that must be settled in a divorce before the marriage is officially over. It is usually very difficult to have a clean break during a divorce, as many spouses have been together for a significant amount of time. This results in their lives being intertwined in a variety of ways,…

Divorce impacts more people than just the two spouses going through it. This is especially so when children are involved. When parents are divorcing, they are required to determine new arrangements for the future of their children as well so that they can continue to be loved and supported. This includes arranging child custody. While…

When couples go through a divorce, one of their biggest concerns often lies in the process of dividing assets between them. Throughout a marriage, couples can acquire a significant amount of assets, such as houses, cars, retirement plans, etc. However, they can also accumulate certain debt. This can include mortgages and credit card debt. When…

There are many different parts of a divorce. One that is highly contested and can cause great difficulty is the division of assets between the two spouses. Oftentimes, spouses wonder about and fight for the assets they want to keep. This is especially so when one of them has an inheritance. When facing these situations,…

Substance abuse is a very real issue that many people, even parents, face in their lives. When parents have such a responsibility to their children, this problem can seriously impact the lives of their children. It is because of this that it can also affect their child custody rights, whether it may be during a…

The process of divorce requires many matters to be settled before a couple can officially dissolve their marriage. One of the largest parts of a divorce is the division of assets. What is normally a difficult matter in general can become that much more complex when the spouses are of high net worth. Continue reading…

Many divorce settlements require one person to pay alimony to their former spouse for a designated period of time. However, in the event that they wish to retire, they may want to request a modification or termination of their alimony obligation with the court. Continue reading below to learn more about how this can be…

When facing issues of domestic violence within your home, it is important that you seek protection immediately. This can be done by receiving a restraining order. Continue reading below to learn more and contact an experienced New Jersey family law attorney for assistance. What is a Final Restraining Order? If you need protection from a…

Individuals getting a divorce in the state of New Jersey need a marital settlement agreement. This is a legal document that outlines the terms of a divorce and provides context for the relationship between the two former spouses after the proceedings are over. Continue reading below to learn more about these documents and contact an…

As the COVID-19 pandemic has changed lives over the last few months, many families of divorce are looking to see what the future brings. This includes their parenting time agreements and what is best for their children. It is important to know that if you lost parenting time due to the pandemic, it is possible…

Making the decision about where to live during a divorce can be challenging.  There are various practical, financial, and emotional considerations.  Below are some things that you should consider as you analyze your options.     At the outset, if you are the victim of domestic violence, you may need to immediately leave the home for…

When a couple is married for a long time, they often have their finances intertwined with one another. However, in the event that they find themselves in a situation of divorce, this can put them in a difficult position. The process of divorce requires an in-depth review of the expenses, assets, and income that both…

Divorce has many parts to it that must be settled before the marriage is officially over. For parents, this includes child custody agreements. When custody is determined, both parents are required to abide by it or they can face certain consequences from the court. While this is true, life changes overtime and a family’s custody…

Coming to the decision of going through a divorce is not an easy process. Typically, it takes spouses a long time to come to terms with the notion before finally filing for divorce. When it is filed, it creates an official court record and “docket number” for the case, putting the divorce in motion. Once…

When parents go through a divorce, one of the most important matters is the custody and parenting time situation. After the court settles on a custody agreement, parents are required to abide by it in order to see their child. This may include a parenting time agreement that details exactly how both parents will navigate…

Generally, cars acquired during the marriage are considered a “marital asset” and subject to equitable distribution.  Determining how to divide two (or more) cars during a divorce is a straightforward process.  In most divorces, each party typically keeps the car that he or she drives. Interestingly, a leased car does not have value and it…

Going through a divorce is often a long, complex, and emotionally exhausting process. This is because there are several different aspects that need to be addressed. One of these parts of a divorce that spouses may not typically consider is their behavior and the actions they take during the proceedings. While it may not be…

Going through a divorce is challenging for anyone that is involved. This can be even more so if one spouse involved is incarcerated. In the state of New Jersey, there is a different process as to how this is navigated than a typical divorce. When dealing with these situations, it is important to retain the…

The division of assets is a long and complicated part of divorce proceedings. It is because of this that spouses sometimes like to enter their marriage with a clear division of who would get which assets in the event that they divorce in the future. This can be done with a prenuptial agreement before they…

Everyone makes mistakes in life. Sometimes, those mistakes can come with serious consequences, such as the end of a marriage. If a spouse commits adultery, it can impact their life and their spouse’s life in many ways. When this happens, spouses often wonder if this can affect their divorce proceedings in any way. Continue reading…

When you seek to modify your alimony obligation, the Court is going to analyze the facts of your case and apply it to the statute that specifically addresses the loss of your job. The Court will review your request under one of two provisions under the alimony statute when addressing the modification of alimony due…

In 2010, the New Jersey Legislature amended its Statute of Fraud’s writing requirement, adding subsection (h), requiring a writing for any “promise by one party to a non-marital personal relationship to provide support or other consideration for the other party….” N.J.S.A. 25:1-5(h). In a recently reported trial court decision, the trial court found it appropriate…

After spouses are officially divorced, they are able to move on with their lives as they please. Sometimes, this may result in them relocating to another city or state. While this can be an exciting opportunity, it can be presented with difficulties in the event that the former-spouses have a child together. Usually, a parent…

During the initial meeting with your divorce lawyer (often referred to as an initial consultation), it is important to gather as much information as possible about the lawyer.  You want to be able to make informed decisions on whether the lawyer is right for you.  A strong attorney-client relationship is vital to the success of…

Due to the COVID-19 pandemic across the country, many courts have temporarily closed. This has thrown a wrench in many couples’ divorce plans, leaving them looking for options to continue their divorce. It is important to know that this is possible through online divorce mediation. Continue reading below to learn more about this process and…

When a parent seeks a modification in their custody and parenting time arrangement, the Court focuses on two components: 1) whether there is a change in circumstance warranting a modification of the schedule; and 2) whether it is in the child’s best interests to modify the schedule. In the recent unpublished Appellate Division case of…

After a divorce, an independent spouse may owe alimony payments to a dependent spouse for a period of time. This is to allow them the financial stability they were used to in the marriage before they divorced. These payments are allowed for a designated period of time and can be terminated under certain circumstances. A…

In every relationship, communication can be challenging.  Add to that the stress and emotion of a divorce or contested custody matter and it can seem impossible.  However, most cases end up with some kind of shared custody arrangement requiring parties to discuss and agree on issues relating to the health and welfare of their children. …

While the state of New Jersey still has stay-at-home orders in effect, there are many couples who previously wanted to divorce that are now stuck living together during this difficult time. Those who are in these situations may be left wondering if they are still able to move forward with a divorce. Continue reading below…

A “Gray Divorce” is a term used to illustrate the increasing divorce rate for those ages 50 years and older.  Whether it’s due to people now expecting more out of life, parents waiting until their children have left the nest, or couples are simply living longer, divorce in this population group is on the rise.…

A strong attorney-client relationship is vital to the success of your case. Following these simple suggestions on how to be a “good client” can help make a huge difference in terms of getting you better results. Be an active participant in the process: As the client, you have the exclusive power to make decisions as…

The process of divorce is complicated and emotional as it is one of the most difficult times in a person’s life. It is because of this that they tend to want to keep these matters private, especially if they are going through a high profile or a high net worth divorce. It is important to…

The life of a child is precious and should be protected at all costs. It is because of this that if a child is suspected to be in danger of abuse or neglect, it should be reported to that that the matter can be investigated. In the state of New Jersey, any person who has…

Townsend, Tomaio, & Newmark is proud to announce that our Whippany office is open for business. We have taken various protective measures to ensure the safety of both our clients and staff, including outfitting our conference rooms and reception area with protective barriers. Give us a call today to schedule an appointment with our skilled…

While matters of divorce are complicated enough, they can become even more so emotionally difficult when there are children involved. It is because of this that child custody is a major part of divorce proceedings between parents. When dealing with these issues, mediators, arbitrators, and judges must consider all facets of a family’s situation in…

Divorce is a difficult, stressful, and emotional time in a person’s life. For most people, this is the first time that they are going through such a situation, and not knowing what could happen can cause a great deal of anxiety and stress. While every New Jersey divorce case is different, most cases will go…

Awaiting the receipt of a stimulus check to get through the economic challenges created by the coronavirus may have added an extra level of anxiety to a stressful time if you are already divorced – or in the process of getting a divorce. These one-time stimulus payments of up to $1,200 for individuals, $2,400 for…

Going through a divorce is never an easy process. It impacts the lives of many people, not just the two spouses. During these difficult times, it is important to make sure you have a thorough understanding of the process. This can begin with the different types of divorces in New Jersey. If you are going…

As time goes on and the Coronavirus conditions begin to gradually improve in the state of New Jersey, it is important to remember that we may still be weeks away from returning to “normal.” It is because of this that parents should check back in on their co-parenting plan. Many parents have made adjustments during…

While it may be unpleasant to consider preparing for divorce during these unprecedented times, there are certain steps that you can, and should, take in advance.  These steps will reduce the stress of the divorce process by empowering you and helping you to understand your financial situation. Consult with a Lawyer The decisions you will…

In order to file a restraining order under the Prevention of Domestic Violence Act in New Jersey, a victim must be able to prove that they were in a “dating relationship” with the other party. You might be surprised to learn that there is no exact legal definition of a “dating relationship” in New Jersey…

When a person gets married, it is an exciting time in their life. However, it takes great preparation to get to that day. For many people, this can include drafting and signing a prenuptial agreement. Often known as a prenup, this is a document between two future spouses that allows them to settle how their…

The Coronavirus pandemic continues to impact citizens globally, including New Jersey residents, on a daily basis. During these uncertain times, one thing remains certain: you can still finalize that divorce you have been working toward. While New Jersey courts continue to be closed to the public and adjust to this “new normal,” the courts have…

The Coronavirus pandemic has brought about a great deal of uncertainty in the lives of many across the state of New Jersey. The outbreak has called for stay-at-home orders and self-isolation in an effort to curb the spread.  As New Jersey schools are now closed for the year and as we enter yet another month…

No one is able to predict the future, which is why it is important to have a plan in place not only for yourself, but your assets and loved ones. With the spread of the Coronavirus impacting lives in unimaginable ways, it is now more critical than ever. This can be accomplished with the creation…