New Jersey Legal Blog

Hopelessness a strong predictor of divorce

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in divorce on Wednesday, September 12, 2018.

There are a number of reasons that New Jersey couples may decide to divorce, but therapists have identified one key sign that a marriage may be on the rocks. When one or both partners feel hopeless about the future of the relationship, it can be a strong indicator of the likelihood of divorce. People in strong relationships may feel more positive not only about their partnerships but about other aspects of their life. In fact, the relationship can be a shelter during stressful periods at work or with other family relationships.

One therapist said that when she assesses a couple's likelihood of divorce, she looks for hopelessness about the future of the relationship as a main indicator. People who feel hopeless are often committed to ending the relationship and beginning to come to terms with the fact that it is over. This backs up the findings of a study which found that disappointment and disillusionment in the marriage were most likely to predict a future split. Couples who reported hopeless feelings when the study began were likely to divorce within three years.

Study finds divorce can be contagious for some couples

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in divorce on Wednesday, August 29, 2018.

A study has found that couples in New Jersey and elsewhere are more likely to divorce if they have a personal friend who has divorced. The study was conducted by researchers Brown University, Harvard University and the University of California, San Diego.

Researchers found that married people are 75 percent more at risk for divorce if they have friends who have split up. The study also found that couples are 33 percent more likely to divorce if they know a friend of a friend who has ended up in divorce court. Experts say the reason for this phenomenon is that seeing other couples end their marriage makes divorce seem permissible. Another couple's divorce also helps people learn what's involved in the process and helps them figure out how to prepare.

Strategies for reducing conflict during divorce negotiations

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in divorce on Tuesday, August 14, 2018.

Unpleasant emotions typically accompany the decision to get a divorce. People in New Jersey who want to end their marriages could benefit by approaching the situation realistically. The terms of property division and child custody, if children are present, must be negotiated. Ideally, people will reach an agreement without prolonged and costly litigation. A flexible attitude could go a long way toward limiting conflict, and mediation may present a viable alternative to litigation in some cases.

The fact that divorce puts almost everything in a person's life on the negotiating table can be overwhelming. A willingness to bargain could help people overcome the urge to protect every single possession. One financial adviser recommends that people avoid setting their hearts on certain things. A successful negotiation involves a lot of give and take, and the final results matter more than specific issues. As long as the bulk of the agreement provides most of what a person needs to achieve, then it might serve the person's long-term interests.

What constitutes a “good cause” to evict a tenant?

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC on Friday, August 10, 2018.

After leasing your property, you discover that your tenant has done something you believe warrants eviction. To file for eviction, however, New Jersey law requires you to describe what the tenant has done and follow specific steps before you file for the eviction of your tenant.

Planning for co-parenting after a divorce

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in divorce on Monday, July 30, 2018.

When parents in New Jersey decide to divorce, it can be an abrupt shift into a co-parenting environment. However, both parents can overcome the challenge if they just remember to keep the best interests of the children in mind. This is especially true when it comes to encouraging interaction with the other parent. While a newly divorced person may have little desire to see or interact with their ex-spouse, it is a necessity when children are involved. Except in cases of abuse, it's important that kids are encouraged to love and engage with both of their parents.

In addition, it is important for parents to keep their kids outside the issues of the divorce. Obviously, parents should not share the details of intense conflicts with young children. Kids may feel forced to take sides between their parents, leading to emotional distress and feelings of alienation. They can also feel forced into an adult position. Because of this, it is important for both parents to decide to fence off their disputes from the kids.

Divorce often leaves women financially vulnerable

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in family law on Tuesday, July 17, 2018.

Women in New Jersey and around the country often find themselves financially vulnerable following a divorce according to a study released on July 11 by Worthy. The online auction marketplace polled 1,785 women who were either divorced, contemplating one or in the process of ending their marriage, and they discovered that many of them lacked financial knowledge and had made no plans for their retirements. This could be why half of the respondents said that living on a single income was one of their biggest financial fears.

Women are sometimes left unprepared to make financial decisions because their husbands attended to these matters. This kind of living arrangement is often seen as a relic of the past, but the Worthy study reveals that younger women are actually more likely to abdicate all financial responsibility to their husbands. While only 18 percent of the older women polled said that their husbands handled all of their financial affairs, that figure jumped to 23 percent when women between the ages of 18 and 54 were asked the same question.

Dividing 401(k) and other retirement assets in divorce

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in divorce on Monday, July 2, 2018.

New Jersey residents who are approaching or going through divorce are likely to have disagreements about financial matters. According to a survey conducted by the American Academy of Matrimonial Lawyers, the top things divorcing couples fight about are alimony, business interests and retirement accounts. When it comes to dividing 401(k) assets, couples can sometimes make mistakes. Here are a few things to keep in mind when splitting up a 401(k).

If one spouse has a retirement plan through his or her place of work, the only way for the other spouse to claim part of the funds is via a qualified domestic relations order, also known as a QDRO. Typically, an attorney will put the QDRO together and submit it to the judge for approval. It is a separate legal document from the divorce decree, but its terms are based on the divorce decree. A QDRO is required to split the assets in a 401(k) or a traditional pension plan.

Thinking about the potential for change when getting divorced

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in divorce on Wednesday, June 20, 2018.

A divorce causes many changes in a person’s life. But of course, change is not unique to divorce. Life is full of changes, and a person can experience many changes after they get divorced. Examples include job losses, pay cuts and health changes. Such changes sometimes have major financial implications.

Now, some divorce orders can later be adjusted in the face of future changes. For example, alimony and child support arrangements can be modified under certain circumstances. However, other orders are generally final and can’t be modified. Property division orders typically fall into this category.

Do I need an ignition interlock device if I don’t own a car?

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC on Wednesday, June 20, 2018.

New Jersey increased the severity of its DUI laws, which means more penalties for impaired drivers. One of the harshest penalties for a DUI is an ignition interlock device – a breathalyzer that measures the blood alcohol level of a driver before starting the engine.

Under New Jersey law, a first-time offender can receive a mandatory installation of an ignition interlock with a BAC was over .08 percent, which can be complicated if you do not currently own or operate a vehicle.

Do I really need to purchase title insurance for my home?

On behalf of Peter G. Aziz of Law Offices of Peter G. Aziz & Associates LLC posted in blog on Wednesday, April 25, 2018.

First-time homebuyers soon realize that purchasing a home is even more expensive than they expected. There are fees for home inspections, termite inspections, appraisals, surveys, administrative expenses and title insurance - just to name a few.