Honoring a Student Loan After Divorce

November 10, 2023

Exploring Factors Affecting Student Loan Distribution in Divorce Proceedings in Passaic County, New Jersey In most divorces, marital assets and debts are equitably divided, meaning a fair split, given the parties’ circumstances. Separate assets and debts are typically awarded to the party who owned the property or debt before the marriage. Thus, when it comes to student loans, the distribution depends on when the spouse incurred the loan and how the loan benefitted the marriage. So, for example, a student […]

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Managing Lease Issues in the Context of Divorce

October 25, 2023

Divorce Involves a Series of Complex Property Distribution Issues and Lease Considerations are of the Many Included in the List in New Jersey Divorce can be highly complicated, especially when spouses have major disputes regarding property distribution.  The New Jersey courts apply equitable distribution to provide a division of property and assets with as much fairness as possible.  Money that both spouses earned and saved, joint accounts, and assets such as furniture, cars, and real estate are all subject to […]

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The Role of Constructive Trusts in Family Law Matters

September 29, 2023

Constructive Trusts as a Way to Secure Family Law Financial Obligations Such as Child Support or Alimony in Wayne, Clifton, Woodland Park, Montclair, West Orange, and New Jersey A constructive trust, or Callahan trust, is a court-created legal construct requiring one who holds property through unjust or illegal means, such as theft, fraud, or mistake, to maintain it until it is returned to its rightful owner. It is not an actual trust with a trustee but a legal fiction to […]

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Determining the Distribution of a Personal Injury Settlement in Your New Jersey Divorce Case

August 16, 2023

Distributing Funds from Personal Injury Settlement During a Divorce Can Turn into a Complex Endeavor Because of the Various That Factors that Influence the Process. Getting a divorce can be an exhausting, stressful process, especially when dealing with finances.  Because New Jersey divides the assets using equitable distribution rather than a flat 50-50 rate, separate and marital assets must be determined before anything can be allotted to the spouses.  When it comes to splitting a personal injury settlement, the court […]

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Distribution of Art Collections in Divorce, More Than a Black and White Decision

July 23, 2023

Dividing an Art Collection During a Divorce Can Be a Complicated Process, Since These can be Both Financial and Sentimental Assets Divorce is difficult for a number of reasons, but one reason that is not readily apparent is the division of marital property. Due to the intense emotions a divorce can bring out of each of the parties involved, distribution of property can be extremely difficult. On top of that, there are certain assets that are extremely complicated when trying […]

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