The overwhelming majority of New Jersey divorce cases end up settling on or before the trial date assigned by the Court. There is no set date for settlement. Some couples work out their issues very early on (before they even file divorce papers). Other couples spend a year (or more in some counties) battling in court before they settle their issues. A tiny minority of couples actually begin a trial of their cases, and a smaller minority try their cases to conclusion – at which time the Judge decides the unresolved issues in the case.

An Interspousal Child Custody, Child Support, and Marital Settlement Agreement, commonly referred to as an MSA or Property Settlement Agreement (PSA) is a written agreement that covers all of the issues that should be dealt with in a divorce. The language of the Agreement is crucial as the words used define the parties’ rights moving forward after the divorce. The New Jersey courts allow the parties to a divorce to fashion their own written settlement agreement, and if both parties sign it, the court will literally attach it to the Judgment of Divorce so that the agreement becomes part of the Judgment of Divorce. In future blog posts I will discuss the individual sections of a standard MSA in detail.

The Court’s Involvement When There Are No Children

If there are no children, the courts will not do an in-depth review of the details of the agreement. However, if there is a waiver of alimony the court will question whether the person waiving alimony understands that the waiver is final, and whether the person waiving can maintain a lifestyle comparable to the marital lifestyle post-divorce without alimony. The court’s focus will be on getting testimony from the parties that

  • Both parties think that the agreement is fair and reasonable.
  •  Both parties feel that the Marital Settlement Agreement was voluntarily executed by both parties, without threats or any form of coercion being exerted on either party.

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One of the biggest issues in any divorce or separation is what will be done with real property – a house, a condominium, even a rental unit. The common issues to be resolved are: Who gets the property during and after the divorce? Who is responsible for paying the mortgage and real estate taxes? Is the property sold to a third-party, or can one spouse buy out the other’s interest?

With the post-2008 housing meltdown issues involving underwater homes, short sales, foreclosures, insolvency, cancelled debt income, and exposure to deficiency judgments have become part of the divorce landscape.

The purpose of this blog post is to help potential clients living in the Bergen-Passaic and Hudson-Essex areas understand how the New Jersey real estate and divorce laws impact ownership and occupancy of their marital real estate. This post is the first in a series of related posts dealing with the topic of divorce and the marital home. As always, your questions are welcomed by telephone at 844-431-3380 or via e-mail using the contact form on this page.

The Deed

When you acquired your residence you received a deed at closing. The deed is the document that spells out who has ownership rights in your property. If you don’t have a copy of your deed you can always get a copy from the County Clerk in your county of residence. If you live in Bergen County you can get a copy of your deed at the Bergen County Clerk’s Office, located at One Bergen County Plaza, Hackensack, New Jersey 07601. If you live in Passaic County you can get a copy of your deed at the Office of the County Clerk/Registry Division, Passaic County Administration Building, 401 Grand Street, Room 113, Paterson, New Jersey 07505. Hudson County deeds are available at the Hudson County Register’s Office, 257 Cornelison Avenue, 4th Floor, Jersey City, New Jersey 07302. Essex County deeds can be obtained from the Essex County Register of Deeds located at Essex County Hall of Records, 465 Martin Luther King, Jr. Boulevard, Newark, New Jersey, 07102. Continue reading →

In New Jersey the word “custody” has two meanings: The first meaning has to do with “legal custody”, the second meaning has to do with “residential custody”. Legal custody can be either “sole legal custody” or “joint legal custody”.

Sole Legal Custody vs.  Joint Legal Custody

Legal custody refers to who will make the major decisions about the child’s health, welfare (including their religious upbringing), and education. Will the child’s mother and father both have equal rights and input into these important decisions? Or will only one parent be able to make these decisions without having to seek the other parent’s input and approval.

If both parents will have the right to have input on the major decisions affecting the child’s life then the parents are deemed to have “joint legal custody”. If only one parent will make the major decisions regarding the child’s life without having to seek input and approval from the other parent then that parent has “sole legal custody”.

In New Jersey most parents exercise “joint legal custody”, either because they agree to it, or because a judge orders this type of custody arrangement. In order for one parent to get sole legal custody of the child either the parents have to come to an agreement that only one parent will have sole legal custody (a written agreement is the only agreement that will be enforceable in court on this issue), or a court will have to order sole legal custody after a hearing. Continue reading →

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