How approaching retirement age can impact your divorce orders

On behalf of Mullen Law on Sunday, January 5, 2020.

Divorce statistics for the most recent decade have upended what people believe about modern divorces. Although Millennials seem to get married at lower rates than the generations before them, they also have a lower divorce rate. On the other hand, older adults seem to be filing for more divorces than they did in the past, which can have a considerable impact on their finacial stability and plans for retirement.

The rise in gray divorce brings with it unique considerations for those getting close to retirement age. Whether you have already divorced and find yourself worrying about your spousal support or child support obligations after you move to a fixed income or you want to divorce but worry about the impact on your retirement, educating yourself about your rights can help you make better decisions.

How to successfully share custody during the holidays

On behalf of Mullen Law on Wednesday, October 9, 2019.

For children, the holiday season is one of the most enjoyable times of the year. From trick or treating to Christmas parties, there's always something to look forward to.

As a divorced parent, sharing custody during the holidays is often a challenge. Since both you and your ex want to spend as much time as possible with your children, it's critical to plan as far in advance as you can.

Make child custody changes before school starts

On behalf of Mullen Law on Friday, July 12, 2019.

If you are divorced and co-parenting your children with your ex, or if you are contemplating filing for divorce, now is a good time to iron out any kinks in your child custody agreement.

The reason for addressing these issues during summer vacation is that it is disruptive to your children's education to have to switch schools or school districts once classes have resumed this fall.

Don’t let your divorce kill your business in New Jersey

On behalf of Mullen Law on Wednesday, April 17, 2019.

Divorce can turn reasonable people and those around them into the worst versions of themselves, and everything tied to a divorce can suffer if the spouses involved do not carefully consider their legal strategy. The law considers marriage to be similar to a business partnership, and it is much more complicated to undo a marriage than it is to enter into it.

If you are facing divorce and you also own a business, you have some important, potentially difficult decisions to make. Businesses often qualify as marital property during divorce, which means that your spouse may have a valid claim to a portion of your business's value.

Experts believe joint custody is in a child's best interests

On behalf of Mullen Law on Friday, January 11, 2019.

In some senses, the court has to determine what is in the child's best interests in every divorce case in which children are involved. There are just so many factors that come into it. Questions they ask include things like:

How old is the child?
What does the child want?
How can the parents support the child?
Who is the caregiver?
Do parents offer a safe living situation?

These are just a handful of examples, but courts could look at potentially hundreds of different factors to see what they feel gives the child the best possible future. It's important to know how this works.

Which families benefit from joint physical custody?

On behalf of Mullen Law on Wednesday, October 10, 2018.

The thought of spending one night away from you children may not feel entirely comfortable. However, if you're currently going through a divorce, that could be the reality you're facing.

Many parents fight tooth-and-nail to secure full custody of their children and they have a sound legal basis for doing so. Other parents, though, will need to settle for some kind of compromise in this area. That compromise may involve a 50-50 or "joint physical custody" coparenting relationship with the other parent of their children.

After divorce, you must protect your parenting time

On behalf of Mullen Law on Monday, July 16, 2018.

Your time with your child is one of the most precious things that you have and something that you must protect. Parents who do not make a priority to protect their rights to time with their children may find that the other parent slowly erodes these rights or refuses to respect them.

The court generally requires parents who divorce to create a parenting plan and reach a custody arrangement that respects the rights of each parent while keeping the best interests of the child the primary concern. If one parent refuses to act in line with the custody arrangement, this may constitute parenting time interference, which can result in penalties or even criminal charges.

What do courts consider when making an alimony decision?

On behalf of Mullen Law posted in blog on Monday, April 16, 2018.

The state of New Jersey offers certain ex-spouses the right to right to receive alimony payments from the other spouse to help make financial ends meet after a marriage comes to an end. The purpose of these alimony payments is usually a temporary means of financial support to pay for living costs and education costs. In most cases, alimony serves as a financial bridge so that the less-moneyed spouse can become economically independent.

When making a decision on alimony, New Jersey family law courts will look at a variety of factors to determine whether a spouse should receive alimony, how much those alimony payments will be and how long they will last. Here are the most important factors courts consider when making an alimony determination:

Is it time to modify your custody agreement?

On behalf of Mullen Law posted in blog on Tuesday, January 16, 2018.

When you divorce and petition the court for custody, you make the best arrangements for your children that you can at the time. The court is guided by the best interests of the children, and those interests, by necessity, change over time.

What that frequently means is that a custody judgment will need to be modified by the court at some future point.

How could the new tax plan affect my alimony payments?

On behalf of Mullen Law posted in blog on Monday, December 4, 2017.

People on both sides of the aisle have positive and negative feelings about the new GOP-proposed tax plans working through Congress. Regardless of those feelings, a new tax plan appears to be on the horizon, as the House and Senate plans both passed.

Now, the two chambers of Congress will need to go into conference to work out the differences in the two bills. If they come to an agreement, they will need to pass the new version before President Donald Trump can sign it into law.