Is Divorce Mediation Right For You?

Sam Stoia - Tuesday, December 03, 2013
Divorce mediation can be a good way to resolve your divorce quickly while saving on costs. However, the parties must have a complete command of their finances, including assets, income and debts. They should also be able to negotiate on their own behalf. Of course one can still seek the assistance of a New Jersey divorce attorney even if they choose to go through mediation. A New Jersey attorney can also attend mediatio ..

Relocation and child custody

Sam Stoia - Monday, December 02, 2013
A party to a divorce shall not remove a child out of the State of New Jersey after a divorce when custody and parenting is an issue without the consent of the other party or permission of the Court. However, the Courts are aware that with the development of a global economy and advancements in technology in many instances relocation can in some instances almost be necessary. Still, custody and parenting time are concerns f ..

Only a good prenuptial agreement will protect your interests

Sam Stoia - Sunday, December 01, 2013
A prenuptial agreement can be a good instrument for parties to establish how their assets, income and other matters will be managed in the event of a divorce. However, if not properly drafted the prenuptial agreement could be set aside and not have the effect the parties intended. If your intention is to save on stress and possible financial drain in the event of a divorce, it's best to retain the services of an attorney w ..

You haven't been working, but the Court may still impute income to you when you're getting divorced

Sam Stoia - Tuesday, February 26, 2013
When deciding issues pertaining to alimony and child support, often times the New Jersey Courts will impute income to a party even if they haven't been working. There are a host of factors the courts consider including education, previous work experience, health, ability and others. ..

Child Dependent Tax Deductions

Sam Stoia - Friday, February 08, 2013
When negotiating the final settlement to your New Jersey Divorce, often there are simple solutions to deciding which of the parties will get to claim the child dependent tax deduction. But sometimes there are complexities. Make sure your attorney understands the nuances around this issue. ..

Your child's best interest is the concern of the New Jersey courts.

Sam Stoia - Tuesday, February 05, 2013
When addressing parenting issues such as visitation, residential custody, education, support, it's important to think about why your proposals advance the best interest of your child or children. ..

New Jersey is not a community property state

Sam Stoia - Sunday, January 27, 2013
Therefore you should not automatically assume that all property acquired during the course of a marriage should be divided equally. ..

Keep a calendar or diary of your holiday parenting/visitation time

Sam Stoia - Monday, December 24, 2012
This time of the year New Jersey divorced couples often end up back in court on a post judgment motion for holiday visitation. People especially like to have their child wake up in their home on Christmas morning. Even though most property settlement agreements lay out holiday visitation schedules, parties maintain there was a deviation from that in the previous year to accommodate the other party. The best way to prevent  ..

Big East New Jersey Divorce

Sam Stoia - Thursday, December 06, 2012
I'm a graduate of Seton Hall, so I keep my eye on Big East Basketball. Rutgers University who is joining the Big Ten conference is suing the Big East conference for breach of contract. The suit is exclusively over dollars and fairness. This type of suit very much emulates the issues that arise in personal divorces. ..

New Jersey is a no fault divorce state

Sam Stoia - Sunday, December 02, 2012
Since New Jersey is a no fault divorce state, generally speaking that means the reason for the default will not affect alimony. However, there are exceptions. ..