Divorce

Seeking Spousal Support? Here is What You’ll Need

December 14, 2015 | Kearns Rotolo Law

When it comes to divorce, the question of spousal support may be one of the most contentious issues couples can face. Initially there can be two extreme reactions: the spouse who wants a clean break and asks for absolutely nothing from his or her former partner and the spouse who wants to take their ex for every last penny. The reality is that a fair spousal support agreement falls somewhere in the middle.

In 2014, New Jersey lawmakers passed a bill that abolished “permanent alimony” and today the State recognizes four types of alimony or spousal support: temporary, limited duration, rehabilitative, and reimbursement. The goal of alimony or spousal support is to give both partners to the marriage the opportunity to adjust financially to their new, separate lifestyles. Often the role you held within your marriage helps to determine whether or not you are entitled to spousal support, the type and amount of spousal support you need, and how long you will need to receive that support in order to facilitate your adjustment.

In her article, “Making Your Case for Spousal Support,” Michelle M. Smith, a Certified Financial Planner and Certified Divorce Financial Analyst, offers tips on how to make your argument for spousal support and explains the documents needed to help substantiate your claim.

Deciding the Fate of Frozen Embryos in the Case of Divorce

November 30, 2015 | Kearns Rotolo Law

For couples coping with fertility issues, in vitro fertilization (IVF) can help dreams come true. IVF is a procedure through which human eggs are fertilized outside of the body and often frozen and stored for future use, making it possible for some couples who had difficulty conceiving to become biological parents nonetheless. Sometimes, however, relationships don’t work out as expected – couples go their separate ways; marriages end in divorce. In situations such as these, what becomes of the stored embryos?

This has been the question of several lawsuits, most recently a case in San Francisco, CA, which made national news. According to an msn.com article, “S.F. woman who sought to have embryos preserved loses legal case,” a California couple underwent the IVF procedure shortly before their wedding after learning the woman had cancer and that the intended treatment was expected to leave her infertile. While the woman survived her illness, the marriage did not last and a petition for divorce was filed in August of 2013, prompting the issue of the couple’s frozen embryos to come up.

The couple had signed an agreement with the reproduction center that performed the IVF procedure stating that the embryos should be given to the surviving spouse only upon the death of his or her partner; under any other circumstances, including divorce, the unused embryos were to be destroyed. Despite this agreement, the woman sought to protect her chance at becoming a biological parent and claimed the agreement was signed in haste.

Special Needs Children Require Special Considerations when Parents Divorce

October 19, 2015 | Kearns Rotolo Law

Divorce affects every family member, but it can be especially difficult for families with special needs children.

In the process of obtaining a divorce, couples will also work details involving child custody, visitation and support arrangements. Generally, the best interest of the child is taken into consideration when arriving at these arrangements. Usually, unless circumstances cause the arrangements to be challenged, they will remain in effect until the child reaches 18, finishes school or is otherwise emancipated. This is not necessarily the case, however, when the child in question is afflicted with an emotional, physical or medical disability.

Parents of special needs children face other considerations when they are divorcing. Because special needs children often need physical, emotional and financial support well past the age of majority, and because they sometimes have extreme difficulties adjusting to frequent changes in their environment, special considerations need to be made regarding their custody, visitation and financial support.

To Single Parents Traveling Abroad with Their Children – Be Prepared

October 5, 2015 | Kearns Rotolo Law

International custody fights are more common than you might realize. Many people may remember the story of New Jersey resident David Goldman who spent years battling his ex-wife’s Brazilian family following her death to regain custody of his son Sean. More recent news articles are following actress Kelly Rutherford’s fight with her ex over custody of their children who currently live with their father in Monaco.

These custody disputes are devastating for the families and problematic for the countries involved, so it’s no wonder why authorities may question a parent’s intention when travelling abroad with his or her children. While no one welcomes their parental rights being questioned, the best way to handle a situation like this is to be prepared. For suggestions on how to be prepared, read “8 Travel Safety Tips for Single Parents Going Abroad with the Kids” on www.travelinsurancereview.net, paying particular attention to tip number seven. A blog that appeared on http://momvoyage.hilton.com titled “The Single Parent’s Guide to International Travel With Kids” offers additional tips.

Successful Co-Parenting Requires Overcoming Fears

September 21, 2015 | Kearns Rotolo Law

One of the most emotionally trying issues of divorce is the question of child custody. Although spouses may be more than ready to part from each other, they usually are not willing to give up their relationship with their children – and for good reason.

Studies have shown that in most situations, children thrive better under the influence of both parents. Family courts recognize this and more often than not will award joint custody unless circumstances cause them to rule otherwise. While it is in the best interest of the children, co-parenting isn’t easy. The logistics alone of such an arrangement can be tricky, but what makes co-parenting even harder are the fears many divorced couples share. Family coach Karen Becker identifies and explains those fears in her article “What I Wish Every Co-Parent Knew” for The Huffington Post.

Could Your Divorce Be the Reason behind Your Child’s Weight Gain?

August 10, 2015 | Kearns Rotolo Law

Divorce can be a stressful event for the whole family. For children, it can affect not only their emotional health, but their physical health as well. In fact, a new study has revealed that children of divorce are at greater risk of being overweight. The study pointed to a number of factors that could contribute to this, including stress, which can lead to emotional eating, and changes in financial circumstances, which can result in poor diets.

An article on www.parenting.com titled “Divorce Can Impact Children’s Weight by Lauren Gaines,” looks at the results of this study and offers suggestions for what parents can do to hopefully help lessen their child’s risk of excessive weight gain or incurring other health issues as a result of their divorce.

Keeping the Expenses of Divorce in Check

July 13, 2015 | Kearns Rotolo Law

When people talk about the expense of divorce, they are referring not only to support payments and legal fees. Sure, those are contributing factors but there are many other, often overlooked, issues that can add to the expense of your divorce.

In an article for U.S. News & World Report titled “How You’re Making Your Divorce More Expensive,” Geoff Williams reveals other ways couples unwittingly add to the costs of their divorce. In the article, Mr. Williams explains how such things as forgetting about the tax impact, underestimating the expense of keeping the house, spending emotionally, overcompensating for the children, and even trying to “stick it to” your ex can add to your bottom line.

Split Custody: Is It Ever a Good Idea to Separate Siblings?

May 18, 2015 | Kearns Rotolo Law

A recent article on msn.com disclosed that Jon Gosselin of the former TLC television series, Jon and Kate Plus 8, was seeking emergency custody of one of his eight children. Currently, Mr. Gosselin’s ex-wife, Kate, has custody of all eight children. If his petition is granted, it would put the Gosselin children in an arrangement known as split custody.

Split custody is uncommon, but not unheard of. It is an arrangement under which different siblings live with different parents. Generally, courts view this type of arrangement as being especially hard on children because not only are they separated from a parent, but they are separated from their brothers and sisters as well. The article, “Splitting Up the Kids,” by retired family law attorney Brette Sember, looks at the negative impacts of split custody, as well as situations where this type of arrangement could be warranted. The article also offers suggestions on how to make the best of a split custody arrangement should the court deem it necessary.

Joint Custody Arrangements Can Limit Stress for Children of Divorce

May 4, 2015 | Kearns Rotolo Law

Divorce ranks among the top five most stressful life events. Not only are the adults involved affected by this stress, but their children can suffer as much if not more. Despite this, there are times when divorce is inevitable. Keeping emotions in check, though difficult, can help reduce stress levels. How you react to the process and the choices you make along the way, particularly regarding child custody matters, have a great impact on how your children fare through this experience.

A study published last week in the Journal of Epidemiology & Community explored various living arrangements and the affect they have on children. In an article titled “Study: Joint Custody After Divorce Least Stressful on Children,” which appears on www.wsaz.com, author Brad Myers reports the study found that living arrangements where children can spend equal quality time with each parent were least stressful on the child.

Judge Approves the Use of Facebook to Notify an Absent Spouse about Divorce Intentions

April 20, 2015 | Kearns Rotolo Law

There is little question that for many people social media has become a popular way of communicating milestones and accomplishments with close friends and family as well as with distant relatives and others they have lost touch with over the years. People don’t hesitate to post happy events like new jobs, births, weddings and engagements, but less joyous events like divorce are another story. Usually such news is announced with a subtle change in status, but that may soon shift considering a recent ruling by a New York judge allowing Facebook to be used to notify an absentee spouse about a pending divorce. (For details, read “Judge rules that you can now divorce your spouse on Facebook.”)

Under ordinary circumstances, a person seeking a divorce files a petition with the court to terminate his or her marriage. The court then serves the other spouse with notification of the intentions, giving that person the opportunity to contest the divorce. There are instances, however, when the whereabouts of an estranged spouse are unknown and the person filing for divorce must make a diligent effort to locate him or her before the divorce proceeds. An earlier blog published on this site, “Divorcing an Absent Spouse Requires Detective Work,” outlined the basic steps to take when divorcing an absent spouse. In light of the court ruling mentioned above, posting to Facebook can now be added to that list.