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McCurrie McCurrie
& McCurrie, L.L.C.

680 Kearny Avenue
Kearny, NJ 07032-3010
Phone: (201) 467-4180
Fax: (201) 997-9567
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March 2015 Archives

How to prove that your spouse has a new partner

If you are paying alimony to your spouse after a divorce, you may know that those payments can be cut off or at least reduced if your spouse starts living with someone else -- either after getting married or in a relationship that is very similar to marriage. It's important to know some ways in which you can demonstrate that your spouse is in fact living with a new partner in New Jersey, meaning support from you is no longer necessary.

Child custody paves the path toward the future

Parents don't have an easy go of things when they decide to divorce while children still live in the home. The parents will have to answer the child's questions about the divorce. They will have to deal with the emotional issues and logistics issues that having two households can cause. As we said last week, even amicable divorces are difficult for children to cope with.

Can trusts and other vehicles reduce estate taxes?

Individual estates must report $5.43 million or more in assets -- or $10.86 million if a couple is filing -- before federal estate taxes come into play. For most individuals in New Jersey, estates are unlikely to reach federal nonexemption values, but the state's exemption stops at just $675,000. Wives and life insurance plans get a pass, but for all other assets and heirs, taxes could take as much as 10 to 20 percent without careful planning.

A friendly divorce can still be hard on children in New Jersey

If you are going to get divorced in New Jersey, you may think that the best option for your children is to stay friends after the split. In some ways, this can be true, as it can make coming to a child custody agreement easier, and you'll both be willing to be involved in the children's lives, which is a great goal when figuring out that custody plan. However, it's important to know that staying friends does not always go as smoothly as you hope.

Helping children cope as you work through child custody matters

Parents who are divorcing have a tough road ahead of them. They have to deal with the stresses of divorce that childless couples have to go through, but they also have to deal with helping their children cope with the divorce. This can often prove difficult; however, there are some ways that parents can encourage their children during the divorce. New Jersey parents interested in helping their child cope with a divorce might find some of this information valuable.

Collaborative divorce: What is it?

While collaborative divorce has been happening in New Jersey for many years, it didn't become official until last year. The New Jersey Family Collaborative Law Act made collaborative divorce the fourth legally sanctioned method of divorce in the state, with the others being litigate, arbitrate and mediate. At its most basic, a collaborative divorce is built around viewing the divorce process not as an opportunity to "win" but as a joint effort between both parties to work together toward mutual future goals.

Can the timing of a prenup impact property division rights?

A prenuptial agreement can be used in New Jersey to dictate exactly who gets what portion of a couple's wealth during the property division part of the divorce proceedings. For example, a prenup could indicate exactly who agrees to take the home, the car, or the wealth from before the marriage.