In New Jersey, when a couple seeks a divorce, the couple has two options: the divorce can either be an at-fault divorce, or a no-fault divorce. An at-fault divorce means that something happened in the marriage that has been detrimental to the couple’s relationship. At-fault grounds for divorce under N.J.S.2A:34-2 include acts of adultery, imprisonment […]
Author Archives: Steven Cytryn
Getting a Get
Under Jewish law, a divorce between a husband a wife is not complete without a get. A get is a document given by a husband to a wife, which formalizes the divorce. Technically, Jewish law only permits a husband to give a get to his wife, which can create a significant obstacle if a husband refuses to give one to his wife. This raises the question of whether a New Jersey court can order a husband to give his wife a get without encroaching on the religious freedoms protected by the First Amendment of the United States Constitution.
What is the Imputation of Income?
When determining whether and to what extent alimony and child support should be paid, the income of both spouses is a significant factor in fixing the support amount. In addition to the parties’ actual income, courts are also permitted to consider either parties’ “capacity to earn” when setting support awards. This is called imputing income. After all, if either party was simply permitted to take a vow of poverty upon getting divorced, it could lead to wildly inequitable support awards. New Jersey courts have explained that the right of self-fulfillment must give way to the pre-existing duty of support between parties.
Is Collaborative Divorce Right For You?
It might be surprising to learn that some divorces are resolved simply and easily through the collaborative efforts of the divorcing parties. Collaborative divorce is a form of alternative dispute resolution where the parties negotiate and work together to arrive at the best possible outcome for each of them. While the parties might not get […]
When a House Becomes a (Marital) Home
In many families, the marital home is the most valuable asset owned by a couple. As a result, determining how to deal with the marital home as part of the division of property during a divorce is a critical, and often times a contentious aspect of a divorce. Nevertheless, before deciding whether and how to divide the marital home, it is important to determine whether the home is marital property
Friends With Benefits – What is Palimony?
What is Palimony in NJ? Palimony is a claim for support between parties who are not married. The New Jersey Supreme Court first recognized a claim for palimony in 1979. Nevertheless, in 2010, New Jersey enacted a new statute (N.J.S.A. 25:1-5(h)), which bars a claim for palimony unless such an agreement is made in writing […]
Tax Obstacles in Estate Planning
New Jersey levies much more aggressive taxes against the estates of its residents than many other states, and for this reason it is very important to consult an experienced estate planning attorney when it is time to plan for the future. The Law Office of Steven M. Cytryn can help you plan your estate in a way that minimizes the tax consequences and maximizes what you leave to your loved ones. Contact Mr. Cytryn today for estate planning you can trust.
The Costs of Divorce: More Than Just Money
Getting a divorce is about as pleasant as an ongoing root canal, and you pay for the pleasure. Divorce costs more than just the money for filing fees and lawyers, however. It also costs you time, and most importantly, it can cost your well being, and even impact your children, if it becomes an acrimonious process. For all of these reasons, it is advisable to consult an experienced divorce attorney at the beginning of the divorce process, who can advise and lead you on the most expeditious, cost-saving, and legally appropriate path. This can save you a lot of time, aggravation, and money down the road.
Modifying Your Divorce Judgment or Family Law Orders
When you and your partner finally make the decision to divorce, one of your objectives is probably to complete the process as quickly and inexpensively as possible. The last thing you will want to do after an emotionally taxing divorce is to spend additional time in the courtroom. Ensuring that your divorce is handled correctly the first time is the best way to avoid post-divorce judgment litigation, but even when everything is done correctly the first time around, new information or new circumstances may arise that require a need for post-judgment modification. This can include making changes to child support, visitation rights, spousal maintenance (alimony), or property division, and may require additional litigation or trips to the courtroom. If for any reason you find yourself in a circumstance requiring that you revisit your divorce settlement, the experienced family law attorneys at The Law Office of Steven M. Cytryn, LLC can help.
I Was Just Served With a Temporary Restraining Order. What Should I Do?
If you are served with a temporary restraining order in New Jersey, do not attempt to contact the alleged victim or any other individuals identified on the restraining order, and do not ask any third-party to contact such individuals, unless specifically and expressly permitted under the restraining order.