Blogs

Military Families and Divorce

  Military Families and Divorce Divorce is difficult for all families, but especially trying for military families. The issues are compounded when the civilian spouse of an active duty service member does not work or lives on base. If the plaintiff spouse files for divorce, she does not have to move off of military housing more »

Emotional Infidelity

Is Emotional Infidelity Grounds for Divorce in New Jersey? An emotional affair can be difficult to describe, and even harder to prove, but it is infidelity nonetheless. While no physical contact may have occurred between a married partner and their love interest, often an emotional affair escalates to physical infidelity. In addition, often sharing one’s more »

Prenuptial and Postnuptial Agreements for LGBTQIA+ Couples

Drafting Prenuptial and Postnuptial Agreements for New Jersey LGBTQIA+ Couples Many people approach prenuptial agreements as a bad omen, as though drafting the prenup indicates that the marriage is expected to fail. While it is true that half of U.S. marriages end with a divorce, many couples did not have a prenup or postnuptial agreement, more »

Navigating Summer Vacations with a Co-Parent

𝑁𝑎𝑣𝑖𝑔𝑎𝑡𝑖𝑛𝑔 𝑆𝑢𝑚𝑚𝑒𝑟 𝑉𝑎𝑐𝑎𝑡𝑖𝑜𝑛 𝑊𝑖𝑡ℎ 𝑎 𝐶𝑜-𝑃𝑎𝑟𝑒𝑛𝑡 School is out and summer is here. Millions of people are now vaccinated for COVID-19 and interstate travel is no longer discouraged. It makes sense that parents want to take the kids for a long-distance trip or out-of-state vacation. But how do newly divorced parents negotiate summer custody? What more »

Default Divorce Judgement in New Jersey

Obtaining a Default Divorce Judgment in New Jersey Alison filed a complaint about an absolute divorce against her husband, Jeff, two months ago. He moved into an apartment over a year ago since they separated, and she knows she has the correct address. After he did not respond, she sent a subsequent copy to his more »

Morris County Top Lawyer of 2021

We are so honored to have been a part of the June/July edition of Morris | Essex Health & Life Magazine! Our partner Jason has been nominated as Morris County Top Lawyer of 2021 “Jason describes himself as being honest with clients, empathizing with them based upon his own experiences witnessing the effects of divorce more »

Does Proof of Adultery Make a Spouse Ineligible for Alimony in New Jersey?

  Does Proof of Adultery Make a Spouse Ineligible for Alimony in New Jersey? A couple is married for 12 years with two kids. One spouse works full-time and is away on business half of the year, the other spouse is a stay-at-home parent. The supported spouse gets involved in an extramarital affair and conceals more »

Emotional Infidelity

  Is Emotional Infidelity Grounds for Divorce in New Jersey? An emotional affair can be difficult to describe, and even harder to prove, but it is infidelity nonetheless. While no physical contact may have occurred between a married partner and their love interest, often an emotional affair escalates to physical infidelity. In addition, often sharing more »

Child Tax Credit Updates

The American Rescue Plan and Child Tax Credit Updates The American Rescue Plan Act sent direct stimulus payments in the amount of $1,400 to Americans with a single adjusted gross income of $75,000 or less, and married couples with adjusted gross income of $150,000 or less, as well as their dependents. It also increased funding more »

Divorce and Student Loan Debt

  Divorce and Student Loan Debt Divorce is messy. Dividing assets and equitable distribution of property is often the most tedious and time-consuming part of divorce. While division of hard-earned assets can be painful, what happens to joint debt when couples go their separate ways? Joint credit card debt is one thing, but what about more »

Visitation Dispute

Ex-Spouse Preventing Visitation? You Have Options The divorce is final, and your ex was granted sole physical custody of your child. You were granted visitation every Saturday for eight hours, in a location you choose (your home or an outing). Two months have gone by, and your ex repeatedly cancels, claims your shared child is more »

Implications on Divorce and Custody if an Ex-Spouse/Partner is in Jail

  Implications on Divorce and Custody if an Ex-Spouse/Partner is in Jail   Consider this scenario: A married couple or domestic partners have mutually decided they no longer work as a couple. The plaintiff  is prepared to file a complaint and start the divorce process, when she learns that her ex was arrested. Not only more »

Navigating a Divorce with Infants and Toddlers

Navigating a Divorce with Infants and Toddlers   Divorce can be a challenge when it is limited to a couple with no children. Divorcing with older children or adult children can put undue burdens on them. But divorcing with young children, infants, or toddlers can seem insurmountable. Toddlers and infants thrive on routine and consistency. more »

Tax Considerations for Divorced Couples

Tax Considerations for Divorced Couples   If you are considering divorce, or already received a final divorce judgment, you may have questions about your tax filing status, what deductions you can claim, or which parent claims the child as a dependent for tax purposes. Fortunately, most tax considerations are contemplated and agreed upon in a more »

Absentee Parent

My Ex-Spouse/Partner is an Absentee Parent   Even after you and your child’s other parent have a final custody order in place, including parenting plan details for drop-off/pick-ups of shared children, issues may still arise. Just because a final judgment has been issued, does not mean both parties will adhere to it. What do you more »

Pet Custody in New Jersey

Pre-Pups and Pet Custody in New Jersey In New Jersey, pets are no longer considered personal property when it comes to equitable distribution in divorce. Most pet lovers would agree that pets are family, not property, so it makes sense for pet valuation to be akin to custody. Parties are now drafting custodial agreements for more »

Limited Divorce

What is a Limited Divorce or Pendente Lite? ‘Pendente lite’ is Latin for ‘temporary.’ Applied to family law, it grants temporary use of the family home, family vehicles and additional support to the plaintiff filing for divorce if they request it. Limited divorce is not a prerequisite to absolute divorce, but it is a useful more »

Grandparents’ Rights

Grandparents and Third Party Custody in New Jersey Are you a grandparent or relative of a minor child who was recently orphaned or lives in an unsafe home? Are you seeking court ordered-visitation of your grandchild? Grandparents’ rights and third party custody are not guaranteed in New Jersey. Third parties are only awarded custody if more »

Your Credit Score and Divorce

How Divorce Affects Your Credit and Finances Couples that have commingled finances, bank accounts, intangible assets, retirement funds, and additional intellectual property will have difficult decisions to make upon divorce. Property division is one of the most time-consuming and contentious issues during divorce settlement and in negotiations between parties. While couples are relieved to see more »

Parental Alienation

Parental Alienation: What is it and How Does it Affect Children of Divorce?   Many couples seeking divorce are dealing with severe emotional strain, arguing, and sometimes a barrage of emotional, mental, and physical abuse. Understandably, a spouse can be so frustrated with their ex that they speak negatively and disparage the ex in front more »

Prenuptial Agreement

What is a Prenuptial Agreement? A prenuptial agreement is a written document outlining the terms between two betrothed parties. Essentially, the prenuptial agreement establishes parameters regarding assets should the marriage end in divorce. The attorneys at Eveland & Foster prepare both prenuptial and postnuptial agreements for clients seeking to marry or already married, whether it more »

Child Support Calculations

Child Support Calculations Some couples contemplating separation and divorce worry if they can afford their current lifestyle after divorce. In addition, many couples worry that the court arbitrarily assigns a figure to their mandatory child support payments. This is not true. While some lifestyle and living arrangements will change after divorce, child support calculations are more »

Equitable Distribution

Equitable Property Division: Modifying QDROs and Life Insurance When parties are faced with divorce, they often wonder who will receive which possessions, personal property, and the home. Less thought is given to the division of intangible assets, including employee pensions, and life insurance policies. If you are divorcing a spouse, it is important that you more »

Family Law Appeals NJ

  Family Law Appeals NJ   In the event of an unfavorable outcome regarding divorce or child custody, parties do reserve a right to family law appeals the trial court’s decision. However, filing a family law appeal can be a long and arduous process, and it may not result in the outcome the appellant desires. more »

Divorced Couples, Their Families, and COVID-19: How to Navigate Returning to School

Divorced Couples, Their Families, and COVID-19: How to Navigate Returning to School Now that the CDC recognizes a “second wave” of COVID-19 cases, many parents are asking if it is truly safe for their children to go back to school in person. Complicating that decision are conflicting wishes of divorced couples who must make collaborative more »

New Jersey Divorce

  New Jersey Divorce New Jersey follows an equitable division of property rule when two people go through a New Jersey divorce. As such, any assets acquired during the course of the marriage are subject to division. Any premarital asset you want to protect from being part of a divorce settlement must be kept separate more »

Child Support During Covid

𝐶ℎ𝑖𝑙𝑑 𝑆𝑢𝑝𝑝𝑜𝑟𝑡 𝐷𝑢𝑟𝑖𝑛𝑔 𝐶𝑂𝑉𝐼𝐷 With unemployment on the rise, many are unable to meet their support obligations. Questions arise on whether modifications to child support can be made during the COVID 19 crisis. Customarily, there needs to be a sustained change in income before a court will modify a non-custodial parent’s child support obligation. If more »

2020 NJ Rising Stars

𝐄𝐯𝐞𝐥𝐚𝐧𝐝 & 𝐅𝐨𝐬𝐭𝐞𝐫 𝐅𝐚𝐦𝐢𝐥𝐲 𝐋𝐚𝐰 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐍𝐚𝐦𝐞𝐝 𝐭𝐨 𝐭𝐡𝐞 𝟐𝟎𝟐𝟎 𝐍𝐞𝐰 𝐉𝐞𝐫𝐬𝐞𝐲 𝐑𝐢𝐬𝐢𝐧𝐠 𝐒𝐭𝐚𝐫𝐬 𝐥𝐢𝐬𝐭. We are proud to announce the selection of one of our attorneys, Elizabeth Foster Fernandez, to the 2020 New Jersey Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in New Jersey. Super more »

Covid-19 and Co-Parenting

Covid-19 & Co-Parenting Many parents are attempting to navigate custody amid changes to work, social distancing, and shelter in place orders which make custody arrangements difficult to follow. What is the best way to have a successful co-parenting relationship during the COVID-19 pandemic? It’s complicated but the Leaders from the American Academy of Matrimonial Lawyers more »

Will Domestic Violence affect the Outcome of Your Divorce?

𝐖𝐢𝐥𝐥 𝐃𝐨𝐦𝐞𝐬𝐭𝐢𝐜 𝐕𝐢𝐨𝐥𝐞𝐧𝐜𝐞 𝐚𝐟𝐟𝐞𝐜𝐭 𝐭𝐡𝐞 𝐎𝐮𝐭𝐜𝐨𝐦𝐞 𝐨𝐟 𝐘𝐨𝐮𝐫 𝐃𝐢𝐯𝐨𝐫𝐜𝐞? Domestic violence is a serious issue in New Jersey, and the matter is governed by the Prevention of Domestic Violence Act, which gives rights to victims. Such rights include seeking a restraining order against the abuser, as well as seeking a criminal complaint. Often, domestic violence more »

The Basics of Equitable Distribution in New Jersey

𝐓𝐡𝐞 𝐁𝐚𝐬𝐢𝐜𝐬 𝐨𝐟 𝐄𝐪𝐮𝐢𝐭𝐚𝐛𝐥𝐞 𝐃𝐢𝐬𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐨𝐧 𝐢𝐧 𝐍𝐞𝐰 𝐉𝐞𝐫𝐬𝐞𝐲 States can enact their own laws regarding how property is divided in a divorce. New Jersey divorce laws require the “equitable distribution” of marital property, which means that everything that is considered to be marital property is divided in a fair manner, given the circumstances. Equitable distribution more »

Mistakes to Avoid When Getting Divorced

𝐌𝐢𝐬𝐭𝐚𝐤𝐞𝐬 𝐓𝐨 𝐀𝐯𝐨𝐢𝐝 𝐖𝐡𝐞𝐧 𝐆𝐞𝐭𝐭𝐢𝐧𝐠 𝐃𝐢𝐯𝐨𝐫𝐜𝐞𝐝 𝐌𝐈𝐒𝐓𝐀𝐊𝐄: 𝑈𝑠𝑖𝑛𝑔 𝐴𝑐𝑐𝑒𝑠𝑠 𝑡𝑜 𝐶ℎ𝑖𝑙𝑑𝑟𝑒𝑛 𝑎𝑠 𝐿𝑒𝑣𝑒𝑟𝑎𝑔𝑒 𝑜𝑟 𝑅𝑒𝑣𝑒𝑛𝑔𝑒 When parents get separated or are seeking a divorce, part of the process will include determining a custody arrangement, which often involves shared physical custody. When you have your children, it might be tempting to withhold access to your kids more »

Using Inherited Assets for Marital Purposes

𝐌𝐢𝐬𝐭𝐚𝐤𝐞𝐬 𝐓𝐨 𝐀𝐯𝐨𝐢𝐝 𝐖𝐡𝐞𝐧 𝐆𝐞𝐭𝐭𝐢𝐧𝐠 𝐃𝐢𝐯𝐨𝐫𝐜𝐞𝐝 𝐌𝐈𝐒𝐓𝐀𝐊𝐄: 𝑈𝑠𝑖𝑛𝑔 𝑖𝑛ℎ𝑒𝑟𝑖𝑡𝑒𝑑 𝑜𝑟 𝑔𝑖𝑓𝑡𝑒𝑑 𝑎𝑠𝑠𝑒𝑡𝑠 𝑓𝑜𝑟 𝑚𝑎𝑟𝑖𝑡𝑎𝑙 𝑝𝑢𝑟𝑝𝑜𝑠𝑒𝑠/𝑐𝑜𝑚𝑚𝑖𝑛𝑔𝑙𝑖𝑛𝑔 𝑤𝑖𝑡ℎ 𝑚𝑎𝑟𝑖𝑡𝑎𝑙 𝑎𝑠𝑠𝑒𝑡𝑠 Many people receive significant financial gifts from family members for estate planning purposes or get valuable assets as part of an inheritance. When this happens, it can be tempting to use those funds to purchase a new more »

Holidays and Co-Parenting

𝐇𝐎𝐋𝐈𝐃𝐀𝐘 | 𝐶𝑜-𝑃𝑎𝑟𝑒𝑛𝑡𝑖𝑛𝑔 The holidays should be a joyous time, though the season can be challenging if you share parenting time with your child with their other parent. It is important to focus on healthy co-parenting techniques to ensure that your child – and you – enjoy your holidays as much as possible. Plan Ahead more »

Adoption Legal Faqs

𝐀𝐃𝐎𝐏𝐓𝐈𝐎𝐍: 𝐿𝑒𝑔𝑎𝑙 𝐹𝐴𝑄𝑆 Adoption is a rewarding process, though not everyone is familiar with how the legal process works. The following are some frequently asked questions we hear about adoption in New Jersey. For concerns regarding your specific situation, please contact our Morristown adoption attorneys directly. 𝑊ℎ𝑜 𝐶𝑎𝑛 𝐴𝑑𝑜𝑝𝑡? Anyone who is age 18 or more »

Moving Out of the Marital Home before Consulting an Attorney

𝐌𝐢𝐬𝐭𝐚𝐤𝐞𝐬 𝐓𝐨 𝐀𝐯𝐨𝐢𝐝 𝐖𝐡𝐞𝐧 𝐆𝐞𝐭𝐭𝐢𝐧𝐠 𝐃𝐢𝐯𝐨𝐫𝐜𝐞𝐝 𝐌𝐈𝐒𝐓𝐀𝐊𝐄: 𝑀𝑜𝑣𝑖𝑛𝑔 𝑂𝑢𝑡 𝑜𝑓 𝑡ℎ𝑒 𝑀𝑎𝑟𝑖𝑡𝑎𝑙 𝐻𝑜𝑚𝑒 𝑏𝑒𝑓𝑜𝑟𝑒 𝐶𝑜𝑛𝑠𝑢𝑙𝑡𝑖𝑛𝑔 𝑤𝑖𝑡ℎ 𝑎𝑛 𝐴𝑡𝑡𝑜𝑟𝑛𝑒𝑦 When you decide to get divorced, you may want to separate from your spouse as soon as possible. It can be tempting to leave your home and find a new place to live right away, before you more »

Major Mistakes to Avoid When Filing For Divorce

In the United States, getting married is still very much considered to be a rite of passage — although many Americans wait a bit longer to tie the knot. By the time they reach age 50, approximately 90% of people living in Western society decide to walk down the aisle and say “I do.” Unfortunately, more »

3 Factors That Can Complicate Divorce Proceedings

In the United States, about 40% to 50% of couples who marry eventually divorce. The attorneys at Eveland and Foster Family Law recognize that these cases are all different, each presenting its own unique challenges and viewpoints. These seasoned divorce lawyers recognize the rather counter-intuitive wisdom that divorce is not a battle for victory — more »

Eveland & Foster Family Law Attorney Named as 2019 New Jersey “Rising Stars” by SuperLawyers

Eveland & Foster Family Law congratulates Elizabeth Foster-Fernandez who has been chosen from an elite roster of 2019 New Jersey Rising Stars by SuperLawyers. No more than 2.5 percent of lawyers in the state of New Jersey are selected to receive this award. Elizabeth serves all of New Jersey, focusing on divorce, child custody, child more »

Essential Questions to Ask Before Hiring an Adoption Attorney

In the U.S., roughly one out of every 25 families has adopted a child. But while this process is quite common, it can also be incredibly confusing and tedious. Most families determine that they’ll need help from adoption lawyers to navigate them through this time. When it comes time to choose an adoption lawyer, you’ll more »

Orders Of Protection: Provisions That Prevent Domestic Abuse

American is no stranger to divorce: approximately 40% to 50% of married couples will end up divorced. What may be shocking is that 25% of divorcees cited domestic abuse as their reason for seeking separation. The definition of domestic violence spans over several categories: emotional, verbal, physical, and financial abuse can all be defined as more »

Divorce Defined: Understanding The Lingo You May Hear In Court

Divorce is almost never an easy experience. You’ve got a lot to think about: who’s getting what, how are the finances getting untangled, what is the timeline, etc. Even when both parties are amicable, the legalities and documentation involved in the dissolution of a marriage is confusing at best and maddeningly frustrating at worst. To more »

Child Support FAQs: What Divorcing Parents Need to Know

Although more than 90% of people in Western cultures marry by the time they turn 50, the sad reality is that many of these couples will eventually divorce. If and when they do, they will likely require assistance from a divorce lawyer. And if there are minor children involved, the situation may become even more more »

Is Your Case an Alimony Case?

Is Your Case an Alimony Case? Aside from child custody, nothing sparks more anxiety in a divorce matter than the prospect of alimony. Whether the expected recipient or anticipated payor, both sides want to know how much and for how long. While there is no exact formula, the following “cheat sheet”, can help give you more »

Is Dating During My Divorce Considered Adultery?

Choosing to divorce is rarely an easy decision to make, but escaping a bad situation can feel like a breath of fresh air. For many men and women, divorce provides a rare opportunity for a new beginning. If you want to get back into the dating scene during this next chapter of your life, you more »

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