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FAQ Divorce

Wed, 22 Apr 2026 17:34:34 GMT

DIVORCE FREQUENTLY ASKED QUESTIONS

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Is AI Ruining Your Marriage?

Tue, 09 Dec 2025 14:11:22 GMT

Is AI Ruining Your Marriage?

Are AI Tools Quietly Fueling a Rise in Divorce Cases?

As we move into 2026, family law attorneys are noticing a new trend: artificial intelligence is increasingly appearing in divorce filings. While AI itself isn’t “breaking up marriages,” the way people use it is creating new conflicts inside relationships.

AI chat platforms, virtual companions, and image-based apps are giving some spouses a place to emotionally “check out” of the marriage, often without realizing they have crossed a boundary. What starts as harmless curiosity can evolve into secret conversations, personalized attention, and a level of emotional reliance that feels like infidelity to the other partner.

AI is also amplifying existing issues. Spouses are using AI for financial decisions without transparency, hiding spending, monitoring their partners, or relying on AI for emotional support instead of communicating. In some cases, AI activity directly supports claims of emotional abandonment, financial misconduct, or deception.

From a legal standpoint, attorneys are now evaluating how AI use affects claims of dissipation of assets, custody concerns involving tech exposure, and the discovery of digital records.

Therapists and divorce attorneys are reporting a noticeable increase in AI-linked breakups, and the reasons are surprisingly human. People are turning to AI for: validation, venting, and companionship

From scheduling apps to therapy bots, AI tools highlight emotional neglect, incompatible values and avoidance patterns.

The bottom line is that AI is not ending marriages per se, but revealing weaknesses, amplifying disconnect, and accelerating decisions couples used to postpone. The technology is not the threat, but the lack of communication, boundaries, and shared expectations is.

In many households, one partner leverages AI for work, finances, parenting schedules, meal planning, and household management while the other feels left behind and overwhelmed. Family lawyers in 2025 report a sharp increase in cases where AI-assisted financial technology uncovered long-hidden money behaviors and equally many cases where it was used to conceal them.

Money has always been a top cause of divorce and AI simply magnifies the issue. A surprising number of divorces in 2025 come from partners, particularly women, who feel newly empowered by AI tools that help with legal literacy, financial planning, budgeting, career transitions and emotional support.

With all of this said, AI does not destroy happy marriages, but it exposes for communication gaps, financial imbalance, emotional neglect and lifestyle incompatibilities.

Divorce Mediation

Thu, 19 Jun 2025 19:37:04 GMT

Mediation vs. Litigation: Why Mediation May Be the Smarter Choice

Why Choose Mediation Over Litigation in New Jersey?

If you’re facing a divorce or family dispute in New Jersey, you may be wondering whether to pursue litigation or mediation. While both are viable legal paths, mediation often provides a more cost-effective, private, and collaborative solution.

�� 1. Mediation is More Cost-Effective

Litigation involves court fees, multiple attorney appearances, and drawn-out legal battles. Mediation typically reduces costs significantly because the parties share the cost of a neutral mediator and avoid prolonged courtroom proceedings.

�� 2. Mediation is Confidential

Court cases are part of the public record. Mediation sessions are private, allowing you to resolve personal or sensitive matters discreetly.

�� 3. You Maintain Control Over the Outcome

In litigation, a judge decides the outcome. In mediation, you and the other party create your own agreement, which often results in more practical and lasting solutions.

��️ 4. Mediation is Less Stressful and More Cooperative

Mediation focuses on problem-solving rather than blame, reducing conflict and making the process more amicable—especially important when co-parenting is involved.

�� 5. It’s Better for Children

New Jersey courts often favor mediation for custody and parenting time because it promotes cooperative parenting and helps maintain stable routines for children.

�� 6. More Flexible Scheduling

You’re not bound by a court’s calendar. Sessions can be scheduled around your availability, speeding up the process.

�� 7. It Preserves Relationships

Whether it’s your co-parent, a sibling, or a business partner, mediation helps maintain respectful communication for future interaction.

Conclusion: New Jersey courts encourage mediation for good reason. It’s faster, less expensive, and often leads to more satisfactory outcomes than traditional litigation. If you're navigating a family law matter, consider speaking with a qualified mediator to see if it’s right for you.

Need Help with Mediation in New Jersey? Contact our office today to learn more about how we can help!

Should I Be Worried About Being Deported?

Tue, 12 Nov 2024 15:56:38 GMT

Should I Be Worried About My Immigration Status Now That Donald Trump Was Re-Elected?

Donald Trump indicated that Tom Homan, the former acting U.S. Immigration and Customs Enforcement director under Mr. Trump’s previous administration, will serve as “Border Czar” in his incoming administration. This position will likely play an important function in furtherance of Mr. Trump’s campaign pledges to secure the border and target individuals for in a massive deportation operation.

Mr. Homan previously warned that, “no one’s off the table. If you’re here illegally, you better be looking over your shoulder.” He further assured. “You’ve got my word. Trump comes back in January, I’ll be in his heels coming back, and I will run the biggest deportation operation this country’s ever seen.” He further said, “It’s going to be a well-targeted, planned operation conducted by the men of ICE. The men and women of ICE do this daily. They’re good at it.” When asked whether there was a way to carry out deportations without separating families, he said, “Families can be deported together.”

In today’s heightened political climate on the issue of immigration, it is highly recommended that you take all steps to assure your legal status in the United States. If you are married to a United States Citizen and living in the United States without proper credentials, you should take steps to become legal. If you are a permanent resident, now is the time to become a United States Citizen.

Choosing The Right Lawyer

Mon, 21 Oct 2024 14:27:03 GMT

Choosing the Right Lawyer

Essential Qualities to Look for in a Divorce Lawyer

Going through a divorce can be one of the most challenging experiences in a person's life. Choosing the right divorce lawyer can make a significant difference in navigating this difficult process. Here are the most important qualities and factors to consider when selecting a divorce attorney.

1. Experience and Expertise

When it comes to divorce, experience matters. Look for a lawyer who specializes in family law and has a proven track record in handling divorce cases. An experienced attorney will be familiar with local laws, court procedures, and potential pitfalls, giving you an advantage in your case.

2 . Strong Communication Skills

A good divorce lawyer should communicate clearly and effectively. They should be able to explain complex legal concepts in a way you can understand and keep you informed about the progress of your case. Look for someone who listens to your concerns and responds promptly to your questions.

3. Empathy and Understanding

Divorce can be emotionally draining. An empathetic lawyer can provide not only legal support but also emotional understanding. Look for someone who demonstrates compassion and is sensitive to the stress you’re experiencing, as this can make the process more manageable.

4. Strategic Thinking

Divorce cases often require strategic planning. A competent lawyer should be able to assess your situation, identify the best course of action, and anticipate potential challenges. They should work with you to develop a tailored strategy that aligns with your goals.

5. Negotiation Skills

Many divorce cases are settled outside of court through negotiation. A skilled negotiator can help you reach a fair settlement that meets your needs. Look for a lawyer who has strong negotiation skills and is willing to advocate fiercely on your behalf while remaining open to compromise when appropriate.

6. Reputation and Reviews

Researching a lawyer’s reputation can provide valuable insight. Look for online reviews, testimonials, and ratings from past clients. You can also ask for recommendations from friends or family who have gone through a similar experience. A lawyer with a positive reputation in the community is more likely to be reliable and effective.

7. Transparent Fees and Billing

Understanding the costs associated with hiring a divorce lawyer is crucial. Look for someone who is transparent about their fees and billing practices. Ask about their hourly rates, retainer fees, and any additional costs you might incur. A good lawyer will provide a clear breakdown of what you can expect financially.

8. Compatibility and Trust

You’ll be sharing personal and sensitive information with your lawyer, so it’s important to find someone you feel comfortable with. Trust your instincts when meeting potential lawyers. Choose someone whose approach resonates with you and whom you feel you can rely on throughout the process.

9. Accessibility and Support

Divorce can be a lengthy process, and you want a lawyer who is accessible when you need them. Consider their availability and willingness to support you. A lawyer who makes time for their clients and prioritizes communication can help you feel more secure during this transitional period.

10. Understanding of Child Custody Issues (if applicable)

If children are involved in your divorce, finding a lawyer with a strong understanding of child custody laws is essential. They should be knowledgeable about what factors the court considers in custody arrangements and how to advocate for your children’s best interests.

Conclusion

Choosing the right divorce lawyer can significantly impact the outcome of your case and your overall experience. By considering these essential qualities, you can find a legal advocate who aligns with your needs and helps you navigate the complexities of divorce with confidence. Take your time in the selection process and prioritize finding someone who will support you through this challenging chapter of your life. The lawyers at Berg & Pearson, P.C. are here to help!

My Spouse Just Asked for a Divorce - What Do I Do?

Tue, 08 Oct 2024 15:30:00 GMT

Here are some suggestions for you.

Divorce is a deeply emotional and difficult process, and it is normal to feel overwhelmed. Here are some steps that might help you navigate the situation.

1. Give yourself space to process emotions:

• Take time to process what you’re feeling. Shock, sadness, anger, and confusion are common reactions.

• It can be helpful to speak with a therapist or counselor to help you sort through your emotions.

2. Communicate with your spouse:

• When you’re ready, have a calm conversation with your spouse. Try to understand the reasons behind their decision.

• If emotions run high, consider using a neutral space or even a mediator to facilitate the conversation.

3. Seek legal advice: Contact Michael H. Berg, Esq., or Joy A. Pearson, Esq., our lawyers who practice family law who can help you understand your rights and what to expect from the process. Getting professional guidance is important.

4. Take care of practical matters:

• Consider joint assets, debts, and financial responsibilities. You might want to begin organizing important documents, like financial records, mortgages, and other assets.

• If you have children, start thinking about how to approach custody, visitation, and support in a way that prioritizes their well-being.

5. Find support:

• This is a challenging time, so don’t hesitate to lean on trusted friends or family for emotional support.

• Divorce support groups or individual therapy can be helpful for finding a sense of community or guidance from people who understand what you’re going through.

6. Take care of yourself:

• This is a draining time emotionally, physically, and mentally, so prioritize self-care as much as you can. Sleep, eat well, and try to maintain routines or hobbies that keep you grounded.

What Are the Signs You May Be in an Abusive Marriage or Relationship?

Thu, 04 Aug 2022 12:39:11 GMT

Abusive marriages and relationships have many characteristics. The abuse does not have to come in a strictly physical or emotional place. However, sometimes when you’re inside an abusive marriage or relationship, it can be difficult to realize the gravity of the situation. You can only see what’s in front of you and assume what is happening is normal.

For those trapped in the cycle of abuse and thinking about contacting a family law firm in Burlington County, NJ , here are some warning signs that will make you aware that you are in an abusive marriage or relationship.

What Constitutes Abusive Behavior?

For many people, knowing what constitutes abuse and what they can write off as “a bad day at work” or any number of other explanations becomes the first step towards leaving. Abusive behavior in a relationship, commonly referred to as domestic violence, intimate partner violation, or dating abuse, involves one partner’s aggressive actions toward the other. These actions include physical, sexual, psychological, emotional, or mental harm to the other party.

Sexual Abuse

Sexual abuse within a marriage is a possible form of abuse. It can range from forcing their partner into engaging in sexual activities when they do not want to, disregarding their preferences or feelings, or even pressuring them into dressing a specific way.

Psychological Abuse

Partners suffering from psychological or emotional abuse often don’t show physical signs of trauma or abuse. However, this type can have far-reaching effects on how the victim views the world, themselves, and their place in it. Often, the emotional toll levied by this type of abuse can ruin a person’s self-esteem and make it next to impossible to leave the marriage on their own.

Psychological abuse comes in various forms, with the most common including:

Humiliation — criticizing everything their partner does, name-calling, belittling accomplishments, and ruining someone’s self-worth or esteem.
Control — the abuser controls every aspect of their partner’s life: who they hang out with, who they can talk to, and demanding all of the attention be on them are signs you are in a controlling relationship.
Gaslighting — a partner takes all of the accusations you levied at them and turns them around on the other person. They make a spouse feel like they are the crazy one, and it is all in their head.
Neglect and Isolation — in an abusive marriage, one partner will isolate the other from loved ones, making them feel like they are alone in this. They try to cut their spouse off from outlets that may guide them out of the marriage or relationship.

Physical Abuse

In physically abusive relationships, your partner will take their frustrations out on you. During an abusive marriage, the periods of violence can be interspersed with periods of true love and affection, making you feel that the physical outbursts are your fault and that if you could do things differently, then everything would be better. It is not acceptable to put a hand on your significant other or spouse, no matter what the situation.

The Most Common Signs You Are in an Abusive Marriage

While an abusive marriage looks different based on a wide range of factors, you can still be on the lookout for some telltale signs.

You aren’t in charge of making your own decisions
You feel like you are constantly apologizing for your actions and are afraid of their reaction
You avoid talking about your relationship with close friends and family
Your partner engages in “love bombing” — giving lavishing gifts and praise after abusive behavior
You think everything wrong with the relationship is exclusively your fault
Every disagreement turns into a screaming match
The version of your partner you get changes by the day
You lost confidence in how you view the world
You don’t remember who you were before the relationship

What Does the Cycle of Abuse Look Like?

What You Can Do Now if You Are a Victim of Domestic Violence

Getting the help you need to leave an abusive partner, file for divorce, and protect yourself and your children can feel overwhelming, but you have resources that can help make the process less stressful.

Contacting your local domestic violence helpline can help with immediate needs, while partnering with an experienced divorce lawyer in Burlington County, NJ , can get the process started. Berg & Pearson, PC has the experience to help navigate the complex and most likely heated divorce proceedings and give you the support you need to see it through. Contact our team for your first consultation today at 856-251-0080. You may also want to contact the National Domestic Violence Hotline at 1-800-799-7233 or visit their website for additional information.

How Do the Courts Determine Amount & Duration of Alimony Payments

Thu, 02 Jun 2022 19:41:59 GMT

Going through a divorce remains a traumatic experience for both parties. Hurt feelings, court proceedings, and arguing with your spouse may cause a contentious situation. One area that stirs up these feelings and conflict is the subject of alimony payments. Who pays who, how much they have to pay, and for how long turns this into one of the most hotly contested issues in the divorce process.

It falls upon the courts to determine these finer details, but both parties have an important question: How do the courts determine alimony payments? It is a complex and nuanced answer that changes on a case-by-case basis, but there are certain factors that courts consider when choosing alimony payments, which will be discussed below.

The Different Types of Alimony

Divorce attorneys will let their clients know about the different types of alimony that can be awarded in the state of New Jersey. Among the different types of available spousal support include:

Pendente Lite (pending the litigation of the divorce)
Limited duration
Rehabilitative
Reimbursement
Open-durational

Each type of Alimony has diff erent requirements, durations, and other factors that determine how law firms and courts determine alimony payments.

Factors to Determine Alimony in New Jersey?

While any party involved in a divorce can be awarded alimony, the courts will grant it to those who meet certain factors. Among these factors that the courts take into account include:

The actual need and ability of the parties to pay.
The duration of the marriage.
The parties’ age, physical and emotional health.
The standard of living established in the marriage. This includes the likelihood that each party can maintain a reasonably comparable standard of living.
The earning capacities, educational levels, vocational skills, and employability of the parties.
The length of absence from the job market of the party seeking maintenance.
The parental responsibilities for the children.
The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment. This creates the opportunity for future acquisitions of capital assets and income.
The history of the financial or non-financial contributions to the marriage by each party. Contributions include the care and education of the children and interruption of personal careers or educational opportunities.
The equitable distribution of property and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair.
The income available to either party through investment of any assets held by that party.
The tax treatment and consequences to both of any alimony award including the designation of all or a portion of the payment as a non-taxable payment.
The nature, amount, and length of pendente lite support paid.
Any other factors which the court may deem relevant.

Gross Incomes of Both Spouses

New Jersey currently does not have an official formula for determining how much alimony is awarded during a divorce as opposed to the Child Support Guidelines in determining child support. However, most divorce lawyers in Burlington County, NJ , will utilize gross incomes of both spouses, calculate the difference, and then award the payee spouse around a quarter of the difference in the incomes. You also want to ensure that payments are payable through probation for enforcement purposes.

Determining the Duration of the Payments

When it comes to figuring out how long one spouse has to pay alimony, a few determining factors are considered. Throughout the duration of the divorce proceedings, the judge may award a pendente lite alimony that ends once the divorce is finalized and a more definitive alimony structure is reached. Our firm can help you determine how long your alimony payments should last — whether receiving or paying — and help ensure that it meets your needs and budget.

In New Jersey, if the spouse receiving alimony enters a civil union or gets remarried, the alimony shall be terminated effective the day of the remarriage. If you do not notify the other party of the remarriage immediately, you risk paying attorney fees and court costs to the paying spouse. Alimony also terminates upon the death of either party.

Can Alimony Payments Be Modified at a Later Date?

Life happens, circumstances change, and the unpredictability of everyday life can drastically affect a person’s ability to provide. Making changes to alimony payments is not unheard of, but they require specific language into your Agreement. Temporary unemployment is not a reason for the Court to grant a change in alimony. However, disability, normal retirement age or a substantial change in income, may be reasons to terminate and/or modify the alimony award.

If you believe you are entitled to a modification, you should first attempt to resolve the issue with your ex, by and between counsel. If that is unsuccessful, you may file a Motion with the Court requesting the relief sought. You will need to show that circumstances significantly changed since the original ruling or agreement between the parties.

Securing Alimony with Life Insurance

When alimony is agreed upon or court ordered, the paying spouse shall maintain a life insurance policy securing the duration and amount of the alimony. The policy should name the payee as beneficiary of that policy and the payor shall provide proof of life insurance on an annual basis. If it is for a limited duration, the paying spouse shall be entitled to reduce the policy each year.

Turn to Berg & Pearson, P.C. for Help With Your Upcoming Divorce

When it comes time to go through your divorce, you want a law firm on your side that keeps your best interests at heart and will fight for you. Whether you have to make alimony payments or entitled to receive alimony payments, our divorce attorneys in Mount Laurel, NJ, are ready to help! Contact our office for a free consultation by phone or Zoom and learn how we can help!

What Kind of Modifications Are Available for Parenting Time Rights?

Tue, 05 Apr 2022 13:15:42 GMT

Throughout the course of a divorce or other type of family matter involving families with children, the question of parenting time rights remains a significant issue. Both parents spend long days in the courtroom working with their divorce lawyers in Burlington County, NJ , to get the parenting time split that works best for their interests. After the dust settles and the court rules on a matter, some may think the parenting time schedule is set in stone. However, you may file requests to modify the schedule down the road.

Court Approved Modifications Vs. Unapproved

After the court initially sets the custody and parenting time schedule, parents can agree to modify the terms of the custody or parenting time agreement at a later date. A stipulated modification can be made without the express approval of the court. However, these changes should be put into a Consent Order signed by all parties and submitted to the Court for signature. This will make the Order and modified terms more legal.

If and when you obtain the court's approval to the stipulated modifications and your former spouse tries to violate the terms of the agreement/Order, you have legal options available to you to seek compliance.

How Parents Can Change Existing Agreements

If parents have not agreed on a stipulated modification to the child custody agreement, making changes later on can become a more involved process. If one parent wants to change the agreement while the other does not, you and your divorce attorney have to file a Motion with the Court seeking the relief you want.

Prior to filing the Motion, you should provide the necessary proof that a "substantial change in circumstances" occurred to warrant a change in the schedule. Requiring this burden of proof helps encourage fair and stable custody agreements without the courts becoming overburdened with repetitive modification requests from a jilted former partner.

Proving Substantial Change in Circumstances

The party that wants to change the child custody arrangement needs to prove that a substantial change in circumstances occurred falls upon them and their family law firm to prove. One of the most common substantial changes comes in the form of a long-distance geographic move. If the custodial parent moves far enough away from the non-custodial parent, it will hamper their ability to be an active presence in their child's life.

How the courts decide to address this issue varies from court to court. Some judges will have the parents work out a parenting time schedule that allows the non-custodial parent to maintain their role in their child's life. Other courts may switch which parent has primary custody, while others may permit the move without an agreement unless it can be proven the move will have an adverse effect on the child in question.

Sometimes, a child custody modification is less about a geographic move than an adverse lifestyle change. If changes in the custodial parent's lifestyle threaten or harm the child, then Motions or Orders to Show Cause may be filed. If, for example, the custodial parent begins working nights and leaves the child at home alone, the non-custodial parent may file for a change of custody or parenting time. In other circumstances, the custodial parent may file to reduce the parenting time they receive.

What Do New Jersey Courts Take Into Consideration

First and foremost, when a family court judge hears a custody or parenting time modification case, their top priority remains the best interests of the child. Judges will consider the child's needs and safety, what kind of home environment will be established, how well the parents communicate, jobs and employment responsibilities, parental responsibilities, and more to determine whether a modification needs to take place.

An experienced child custody lawyer and/or family lawyer will help prepare you for your upcoming case and ensure that you and your child's best interests are well represented.

Berg & Pearson, P.C. has helped countless families make the necessary adjustments to their custody and parenting time agreements and help keep their client’s family situation within healthy parameters. Contact our team for your first FREE TELEPHONE/ZOOM consultation today!

How to Effectively Co-Parent With Your Former Spouse

7016254499 — Fri, 11 Feb 2022 13:39:51 GMT

In the aftermath of a divorce involving children, joint custody presents unique challenges for you and your spouse. While the circumstances of your situation have changed, you still want to keep the best interests of your children in mind. That usually means sharing parenting responsibilities with your ex. While you and your former spouse have your issues, sharing child custody means you have to present a united front and help raise your children as best you can.

Making the Best of an Emotional Situation

While your marriage may have failed, that doesn’t necessarily mean the parenting relationship can’t succeed. It’s an emotionally fraught territory where you have to navigate the day-to-day interests of the child without causing too much upheaval in their life. As parents share custody, finding ways to bridge the gap between parenting styles and making parenting after divorce a more manageable proposition.

Playing a Vital Role in the Child’s Development

Disrupting your child’s routine with a divorce can create an unstable environment in which to grow up. Your children do not necessarily have a clear model of what a healthy relationship looks like, which may negatively affect their interpersonal development. A healthy co-parenting plan devised under the supervision of your divorce lawyers in Gloucester County, NJ , and other professionals can help keep your child’s needs and overall development moving in the right direction.

The strength of your parenting communication and relationship can have a lasting effect on how your child develops into their teenage years and beyond. Whether it’s figuring out a supervised visitation schedule that works for both parents, a regular parenting time schedule, or a true 50/50 split custody plan, you and your spouse can work together to create a stable environment for your child.

Taking the Time to Heal

When it comes to your co-parenting relationship, you need to address the lingering hurt feelings associated with your divorce. Whether it was an amicable or contentious divorce, there are deep feelings of hurt, remorse, anger, and more that can complicate your co-parenting arrangement. Finding ways to take the time for yourself to heal from the heartbreak will help make for a stronger joint custody parenting partnership.

Setting Realistic and Essential Boundaries

While you have shared custody and parenting time rights, the circumstances of your relationship have changed. Setting clear boundaries in your new reality will help create a healthy environment for everyone involved.

They’re Still Family

Even though the divorce has gone through the family court and you no longer live together, your former spouse is still your family. Your child keeps you united in some fashion, and the best way to ensure you have a successful co-parenting situation is to present a united front for the benefit of your child’s upbringing.

Make Communication a Priority

Whether it’s with your former spouse or your child, effective communication helps make the most of a difficult situation. Explaining the details of the new living situation with your children can prove a difficult conversation to have; however, if you navigate these conversations clearly and with no ill-will toward your ex, you can help make the transition to the new normal as smooth as possible.

When it comes to communication with your ex, taking the time to talk about significant issues, timing changes, and logistical issues can help make your co-parenting situation a smooth operation. You clear up any misconceptions and have a detailed plan to handle whatever life can throw at you by creating clear lines of communication.

How Technology Can Help Long Distance Co-Parenting

Sometimes in the aftermath of a divorce, one parent may want a fresh start in a new city, but still maintain a co-parenting situation. Technological advances with video calling apps like Skype, Zoom, and FaceTime make remaining a steady presence in your child’s life easier. It can allow them a way to stay present in their daily routines, whether it’s a reassuring voice at bedtime or a Zoom homework session.

Making the Best of a Co-Parenting Situation

Co-parenting can prove a challenge for couples who don’t have a clear plan to make it work. However, with the help of experienced family law attorneys like those at Berg & Pearson, P.C., you can begin to establish what your co-parenting situation will look like. Contact our team for your first consultation today!

Understanding How to Calculate Alimony Payments in NJ

Thu, 09 Dec 2021 14:14:54 GMT

Divorce proceedings in New Jersey can quickly become contentious affairs that negatively affect all parties involved. With hurt feelings, broken marriages, and confused children complicating matters, couples turn to their divorce lawyers to help guide them through the process. When it comes to figuring out the particulars of alimony, child custody, and parenting time, the New Jersey court can swiftly become hostile.

Calculating who owes whom spousal support and how much can lead to the most toxic arguments. To figure out who receives alimony or spousal support and for how much revolves around having the right representation to help argue for your case and ensure you get the child support you need and deserve.

How Do the Courts Calculate Alimony Payments?

The purpose of alimony payments centers around the idea that people have become accustomed to a particular lifestyle. Now that they have divorced their spouse, they won't meet that threshold. It's an aspect of family law that leads to the most heated arguments in the courts — how does one prove what their lifestyle was like, and how do they come up with the number for their former spouse to pay?

Alimony payments tend to come into the picture when children are involved, or the difference between the two's income is significant enough for a noticeable dip in quality of life. For a family law attorney in New Jersey, these calculations start with both parties' gross incomes. Generally speaking, the spouse with the lower income will be awarded anywhere from 20-25% of the net difference between the two amounts.

Are There Outside Factors That Can Affect This Number?

General rules of thumb can prove helpful guidelines for this type of family; however, they are not the end-all-be-all for determining alimony and child support payments. Several additional factors can determine the overall number, who pays what, and when they make the payments.

Need Vs. Ability

Real-world circumstances often complicate the calculation of alimony numbers, who can receive and make payments. The needs of one party and the ability of the other to make those predetermined payments go a long way towards determining how the alimony payments are calculated.

Length of the Marriage

The length of the relationship and marriage helps inform the judge of how much a particular payment structure gets set up. The longer a particular marriage lasted and the more accustomed they became to that lifestyle are significant determinants of the ongoing alimony payments. There is no set formula for the number of years and is determined on a case by case basis.

Ages of the Former Couple

The ongoing health of the former couple becomes a critical factor the older the participants are. With older couples going through a divorce, things like retirement funds, assets, and other sources of income can become part of the determination of alimony payments.

Earning Potential of Each

How each party's career is set up moving forward can become a determining factor in setting the alimony payments. Their level of education, career prospects, and employment in the current job market will help inform the judge of what these payments will look like moving forward.

Parental Responsibilities

During the legal separation and divorce process, the courts will figure out how the breakdown of parental responsibilities will be moving forward. As to who gets primary custody, parenting time, and all of the gritty details, the courts can also determine who receives child support and how much they can expect to help take care of the former couple's children. The New Jersey Child Support Guidelines are used to calculate child support based upon the incomes of the parties, number of overnights, and deductions such as for medical, retirement, and/or union dues.

Know What to Expect From New Jersey Courts

The family law system in New Jersey can be fraught with challenges and hurdles that you need to navigate through an already contentious divorce. Understanding how alimony is calculated and what factors influence the final number can go a long way towards helping you know what to expect in the future. Berg & Pearson, P.C. is here to help guide you every step of the way towards the final marital settlement agreement .

Contact our experienced family law attorneys and get started preparing for your case today!

Grandparent Visitation Rights After a Contentious Divorce

Tue, 26 Oct 2021 14:11:35 GMT

When a couple decides to end their marriage through a divorce, the legal proceedings have a ripple effect throughout their extended family. These effects have more weight when children are involved in the divorce. While child custody rights and visitation privileges are worked out between the parents, other family members can have their voices and rights fall on deaf ears and fail to get the attention they deserve — the grandparents.

The Forgotten Caregivers

In many modern nuclear families, grandparents play an essential role in the upbringing of the grandchildren. Grandparents spend time with them, passing on the knowledge and experiences to the next generation. So when their adult child and their spouse go through a divorce, they want to ensure they still have the opportunity to visit their beloved grandchildren.

What Are Your Options?

While the visitation rights for the parents of the children are hashed out during the divorce proceedings, grandparents wonder what their rights will look like. Do they have to settle for visiting their grandchildren when they're visiting with the child's directly related parent? What are the options if the relationship with the children's parents has soured as well?

Fortunately, with an experienced family law attorney in your corner, you can determine the rights and legal action you can take to secure your visitation rights. While grandparents do not have explicitly stated visitation rights like their children, they do have the right to ask for these rights. Through asking about the visitation rights, you open the dialogue to begin arranging your visits through the courts.

How Do You Prepare for the Visitation Hearing?

The first step towards ensuring you receive the visitation rights you desire is establishing the burden of proof. You and your representation must prove to the courts that your grandchild will be worse off without you in their life in some capacity. You can present the most relevant evidence you can to help support your case.

Usually, you can leverage certain aspects of the divorce to your advantage in establishing that approved visitation time with you is ultimately beneficial for the child. Usually highlight drastic changes in the child's life after the divorce, establishing a strong existing relationship between grandparent and grandchild, and expert testimony that the grandchild could suffer acute psychological harm from separation from their grandparents.

Establishing What's in the Best Interest of the Child

While visitation laws can be murky, an experienced family law firm can help make your case as strong as possible. Grandparent visitation cases in family court hinge on your ability to establish that spending time with you is in the child's best interest.

By creating a case centered around your relationship with the child, their parents, how long it's been since they had contact with you, the existing visitation agreement with the parents, and other factors, your odds of visitation rights can increase.

Need Legal Advice for Your Visitation Case? Berg & Pearson Can Help!

The divorce process can be challenging for parents, children, and extended family members alike. Just because your child has begun filing for divorce doesn't mean you never have to see your grandchild again.

With the experienced child custody lawyers at Berg & Pearson PC in your corner, your visitation case will be as strong as it can. Contact us for free phone consultation and schedule an appointment with our team today!

How Can I Protect My Assets and Investments During a Divorce in NJ?

Fri, 20 Aug 2021 15:38:42 GMT

A divorce, even an amicable split, can be an emotionally challenging experience. No one enters into a marriage expecting it to end in a divorce. However, when it happens, it may become spiteful, combative, and aggressive. Other people may want the process to end quickly. For instance, in New Jersey, when a couple gets divorced, one of the main concerns is the settlement and equitable distribution of property.

In the heat of the emotional turmoil during the process, you may fail to make a logical decision when splitting property and end up losing your assets and investments. Regardless of the divorce cause, you need to protect your assets during the process — and turning to a divorce lawyer in Burlington County or Gloucester County, NJ , is critical in doing so.

Protecting Your Assets During a Divorce in NJ

Divorce cases in NJ take an equitable distribution approach. To protect your assets, you should consider the implications of the process and understand what assets fall in the category of premarital and marital in order to make the right decision.

Here are things you can do to protect yourself:

Get an Experienced Attorney

Don't work alone during a divorce proceeding. You need an experienced attorney to guide you relative to the legal provisions available to protect your assets. With an experienced divorce attorney, many couples end up negotiating solutions outside court. It protects you from unfair and unexpected outcomes.

Have an Accurate Value of Your Non-Marital Assets

Make sure you have comprehensive and accurate records of your assets before marriage. An experienced attorney will work with these records for your interest in the settlement.

Prepare Before Filing for Divorce

During a divorce in NJ, everything acquired in the marriage is generally considered divisible. However, this doesn't mean equal sharing. Take reasonable measures to protect your assets by gathering all the key evidence. This is used to support any claims you make in court regarding an asset.

Get Copies of Financial Documents

NJ considers assets acquired during marriage as part of the marital estate. Getting the correct copies can help you prove they are non-marital. You can also show that an asset is part of an inheritance or a gift to you only, not your spouse.

Ask for Financial Documents You Cannot Get From Your Spouse

Demanding these documents helps you understand any debts or claims that may directly or indirectly affect your asset. If you encounter any difficulties getting the records, your attorney can use subpoenas to help you. The documents will also let you know your assets and liabilities as a couple and individually.

Many issues may arise during the divorce process, but with the experienced attorneys at Berg & Pearson PC, we ensure you are well represented and protected throughout the process. For more information about our practice areas, including child custody and support law in NJ , reach out to our team today.

What Are the Different Types of Child Custody in New Jersey?

Fri, 11 Jun 2021 14:54:06 GMT

Child custody can be a complicated issue, for both unmarried parents and those going through a divorce . In New Jersey, every family's situation is unique when it comes to child custody matters. This means all families require a plan that is ideal for them and is in the child's best interest. Child custody arrangement in New Jersey involves two legal concepts: legal custody and physical custody.

Physical and Legal Child Custody

Physical custody determines where the child will be spending most of their time and — more specifically — with which parent the child will spend the night. The parent granted physical child custody makes decisions concerning the child's well-being and behavior.

Legal custody gives the right to both parents to get involved in significant life decisions regarding the child. This includes medical decisions, religious decisions, where the child will attend school, and many more.

Types of Child Custody in New Jersey

There are several child custody options available in New Jersey. Both physical custody and legal custody can be shared, sole, or joint.

Joint Legal Custody

This is the most common arrangement where both parents participate in their child's life. In the joint legal custody option, one parent generally acts as the primary residential custodian for the child while the other serves as the alternate. However, both parents make joint decisions for their child concerning major life issues like education, health, and general welfare. The parent with the primary custodial right is responsible for day-to-day decisions and should notify or consult the noncustodial parent when necessary.

Sole Legal and Physical Custody

In this type of child custody, one parent becomes the residential custodial parent. He or she makes all the major decisions regarding the child and everyday decisions without notifying or consulting the noncustodial parent. Sole child custody is recommended when one parent is deemed unfit or absent or in cases where there is a history of drug addiction, abuse, or child neglect, or in other situations.

Joint Physical Custody

Where both parents want the child to live with them, they can consider shared physical custody. Many parents in New Jersey prefer this type of arrangement because they get equal parenting time. Many custody schedules apply in shared joint physical child custody. For example, alternating weeks, where one parent stays with the child for a week and the other parent has the next. Parents must agree to a specific schedule, and if they cannot agree, the court will determine the best plan, focusing on the “best interests” of the child.

Child custody issues can be overwhelming and very emotional for both parents. To choose the best option for you and your child, it's in your best interest to consult one of our lawyers. Our qualified team of New Jersey child custody attorneys will work with you in every step and help you understand better the available options while guiding you through the process.