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I file for divorce?

Being the first to file or making your spouse angry for filing for a divorce will not cause you to lose custody.

My spouse earns more than I do?

Just because your spouse earns more does not mean that spouse will get custody.

My spouse can afford to keep the marital home and I can’t?

Being able to afford the marital home is not the only criteria.

My spouse has threatened that I will lose custody and he/she will get custody?

Threats are not the criteria.

Most cases settle.  Therefore, as difficult as it seems at first, most parents will work out a parenting plan in which both parents have some parenting time and special days, such as holidays, are shared or alternated.  While it may seem impossible, there are many tools to help parents resolve this important issue.  Some examples are four-way meetings, negotiating, mediators, etc.

If the Court has to decide, the Court will decide based on what is in the “best interests” of the child or children.  The decision is not based upon the one who wants the divorce, or the one who earns less, or the one who can afford the house or will fight for custody.  The Court will decide based on what is in the best interests of the child and that requires that we look at the child’s mental and emotional needs as well as the child’s physical needs.

If you have questions, call Iandoli & Edens at (908) 879-9499 for a consult to discuss your particular situation and click here www.iandoliedens.com to learn more about us.

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If you are in the midst of family law litigation, you should become acquainted with its intricate vocabulary and acronyms to help you through the process. Here are five verses you may wish to familiarize yourself with:

  1. CIS – This is an acronym for “Case Information Statement.” All litigants in contested family matters are required to complete a CIS form at the commencement of their litigation to inform the Court of financial and personal information. Please keep in mind that this form is not a “CSI” as many incorrectly identify the document. CSI is an acronym for “Crime Scene Investigation” and is a popular crime drama television series that airs on CBS.
  2. Date of Complaint – You should know the date the complaint for divorce was filed. This is an important date usually found stamped on the upper portion of the initial court-filed pleading (i.e. complaint for divorce). The date of the filing of the complaint is important for many reasons including tolling days for significant deadlines (such as the filing of the CIS) and is also used as the “cut-off” date in which litigants refer to when distributing certain assets.
  3. Divorce from Bed and Board – This type of divorce is controversial in New Jersey. Although litigants are economically divorced, the parties are theoretically still married to each other. Essentially, a divorce from bed and board is a legal proceeding somewhere in between a legal separation and an absolute divorce. Litigants may elect to have a divorce from bed and board for inheritance, pension or tax-filing reasons. However, the primary reason to obtain a divorce from bed and board in some cases is to enable the supported spouse to maintain the same health insurance coverage enjoyed throughout the marriage.
  4. ESP – This is a popular acronym which stands for “Early Settlement Panel.” ESP is a mandatory alternative dispute resolution event which will be scheduled in every contested divorce matter and even some post judgment matters. A Settlement Panel is composed of  volunteer panelists who will hear both sides and aim to help litigants settle their economic family law related issues. Some cases are finalized at ESP.
  5. Post Judgment Motion – Once spouses are divorced, they obtain a “Final Judgment of Divorce” signed by their judge complete with a gold seal of authenticity. In the event there are family related issues which happen to arise after the parties obtain a final divorce, said issues are considered post-judgment matters which can be resolved by way of a formal application to the Court. This does not mean, however, that parties are able to relitigate their marital issues as some incorrectly believe. Also keep in mind, a formal application, which can be made both during the divorce litigation and post judgment, is made by way of motion; not emotion.

Experiencing family law related litigation and feeling overwhelmed or confused? Speak to an attorney at Iandoli & Edens, LLC to help you reach the goals you want. We are here to help with many experienced attorneys ready to litigate for your rights. Call us today at 908.879.9499 or check us out online at www.iandoliedens.com.

Matrimonial attorneys bill by the hour.  The more hours required to complete your case the more it will cost.  Typically, in most cases, some information has to be shared between the parties regarding the value of the assets, the amount of the liabilities, the ongoing living expenses for all parties involved (husband, wife and children) and the income.  Then attention is paid to reaching an agreement on all issues of custody, support and division of the assets and debt.  Once that is done, there remains the last and final step of obtaining the divorce from the Court.  The sooner the parties have agreed to all issues, the sooner the case is resolved.  In those cases in which the parties do not voluntarily settle all of the issues, a trial is required which takes more time and is of greater expense.

Sometimes one spouse is expected to contribute to the counsel fees incurred by the other spouse.  The courts in the state of New Jersey want to be sure that both parties have access to counsel so that the playing field is even.  If one spouse earns significantly more than the other spouse, the higher wage earner may be expected to contribute to the other’s counsel fees.  Further, if the Court finds there was bad faith by a party, the Court may order that party to pay counsel fees on behalf of the other.  To learn about your particular circumstances, contact one of the attorneys at Iandoli & Edens at (908) 879‑9499 and click here www.iandoliedens.com to learn more about us.