Deitch & Perone, P.C.Deitch & Perone, P.C.2026-07-18T23:30:19Zhttps://www.deitchandperone.com/feed/atom/WordPress/wp-content/uploads/sites/1303799/2023/04/cropped-dp-site-icon-32x32.jpgOn Behalf of Deitch & Perone, P.C.<![CDATA[What are the residency requirements for New Jersey divorce?]]>https://www.deitchandperone.com/?p=2526002026-07-18T23:30:19Z2026-07-18T23:30:19ZNew Jersey requires a year of residency
Some states allow people to file for divorce there in a matter of weeks after relocating. New Jersey is a bit stricter. Only those who have resided in New Jersey for 12 months or longer are typically eligible for divorce in the state. There is one primary exception to that 12-month residency requirement.
In cases involving a fault-based divorce filing brought on the basis of adultery, divorcing in New Jersey is possible if either spouse currently resides in New Jersey, regardless of how long they have lived there. Otherwise, people who recently moved may need to wait months.
Determining when a New Jersey divorce filing is possible and what type of divorce to pursue is a process that requires legal insight. Discussing family matters and personal concerns about an upcoming divorce with a New Jersey lawyer can help people who may have previously lived in another state understand and comply with local laws.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[How can shift work affect a New Jersey parenting plan?]]>https://www.deitchandperone.com/?p=2525992026-07-17T08:33:29Z2026-07-17T08:33:29Zchild custody law, courts base custody decisions on the child’s best interests. Your employment responsibilities are among the factors a judge may consider, but your work schedule does not decide the outcome by itself.
Build a schedule around your child’s routine
A detailed plan can show how you will remain available and involved despite unconventional hours. When developing a workable parenting plan, consider addressing:
How far in advance you will share your work schedule
Who will provide child care during overtime or unexpected shifts
How you will handle transportation and exchanges
Whether you can reschedule parenting time missed because of work
How you will protect school, homework and bedtime routines
Parents may also include a right of first refusal, requiring either parent to offer the other parenting time before using another caregiver during specified absences. Clear terms about when this provision applies can help prevent disagreements.
Show how your arrangement meets your child’s needs
A judge may examine each parent’s ability to communicate and cooperate, the child’s relationships with both parents and siblings and the stability and safety of each household. The court may also consider the distance between the parents’ homes and whether the schedule gives your child frequent and continuing contact with both parents.
Records such as work calendars, child care arrangements and transportation plans can help explain how your proposal would function in daily life.
Your job does not define your parenting ability
Shift work may require additional planning, but it does not tell the whole story of your relationship with your child. Preparing a realistic schedule can demonstrate that you are ready to provide consistent care while meeting your professional responsibilities.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Ways in which online abuse happens in marriage]]>https://www.deitchandperone.com/?p=2525972026-07-09T16:17:20Z2026-07-09T16:17:20ZTechnology has become part of everyday family life, but it can also be misused to control or intimidate a spouse. Digital domestic abuse may develop gradually, making it difficult to recognize until the behavior becomes persistent and emotionally harmful.
If you believe your spouse is using technology to monitor, threaten or control you, it is important to understand that these behaviors may be more than relationship problems. Depending on the circumstances, they may raise concerns under New Jersey family law and domestic violence protections.
Controlling online accounts and personal information
One common form of digital domestic abuse involves taking control of another person's online presence. A spouse may demand passwords to email, social media or financial accounts, then monitor activity without permission.In some situations, the abusive partner may change passwords, restrict access to accounts or prevent the other spouse from communicating freely with friends and family. These actions can increase isolation and create a sense of fear or dependence.
Using technology to intimidate or harass
Technology can also be used to create constant pressure throughout the day. Repeated text messages, excessive phone calls or threatening emails may become tools for intimidation rather than communication.Some individuals also use social media to embarrass a spouse publicly, spread false information or send unwanted messages through multiple platforms. Even when there is no physical contact, this conduct can have a significant emotional impact.
Monitoring movements and daily activities
Technology makes it easier than ever to track another person's location or daily routine. A spouse may install tracking applications on a phone, monitor shared devices or use location sharing features without genuine consent.This type of surveillance can leave someone feeling that they are constantly being watched, limiting their ability to communicate privately or make independent decisions.If you believe you are experiencing digital domestic abuse, do not ignore the warning signs. Preserving electronic communications and documenting concerning behavior may become important. If you have questions about your rights under New Jersey family law or concerns involving online abuse within your marriage, seek legal guidance as soon as possible.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[What happens to retirement benefits after a gray divorce?]]>https://www.deitchandperone.com/?p=2525962026-06-20T15:03:48Z2026-06-20T15:03:48ZBenefit programs have divorce rules
Divorce is relatively common, so government benefit programs address the possibility of a marriage ending close to or during retirement. Spouses who may only qualify for Social Security retirement benefits for Medicare health insurance based on a working spouse’s employment history may still be eligible.
Under current rules, those who stayed married for at least 10 years can potentially qualify for Social Security retirement benefits or Medicare coverage based on a spouse’s employment history. For those seeking Social Security benefits, it is possible to qualify without any work history or to supplement lower benefits based on a former spouse’s work history. The claims made by dependent spouses do not reduce what the working spouse receives.
Divorcing later in life does not prevent people from qualifying for Medicare or Social Security because of a change in their marital status. Yet, it cannot be denied that – generally speaking – people who have guidance when addressing the financial implications of a gray divorce can better ensure that they have the resources and support they need for comfort in their golden years.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Seeking to maintain your marital standard of living post-divorce]]>https://www.deitchandperone.com/?p=2525952026-06-15T15:52:09Z2026-06-15T15:52:09ZWhat does New Jersey law say?
Among the factors that New Jersey law allows to be considered when judges are awarding spousal support (alimony) is the “standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.”
That means if one spouse can afford to pay enough in support and/or share marital assets in a way that will allow their ex to maintain their marital standard of living without infringing on their own, a judge may agree to that. Of course, other factors will be considered, like both spouses’ ages and health, the receiving spouse’s earning potential and other obligations (like child or elder care) and the sacrifices of the receiving spouse for the other’s education, career or business.
Certainly, it’s generally best when divorcing spouses can work out alimony and property division agreements on their own, with the help of their legal representatives. However, if that’s not possible, you may need to be prepared to make a strong case to a judge. In either event, seeking legal guidance can help you to better ensure that you ultimately receive a settlement that is truly fair given your unique circumstances.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[At what age can kids choose where to live after parental divorce?]]>https://www.deitchandperone.com/?p=2525942026-05-26T23:48:58Z2026-05-26T23:48:58ZA child's wishes are one of many considerations
State law does allow a judge to consider the preferences of children when establishing a custody order. However, there is no set age at which a child's wishes become an important consideration.
Frequently, children 12 or older may have an opportunity to express their preferences. Even then, their desires do not determine what a judge ultimately decides but are only one of multiple factors the judge must consider.
The judge must evaluate the child's maturity and the reasoning behind their stated preference, in addition to other details about the family, when deciding what is likely best for the children. There is no age at which children can decide where they live or legally refuse to comply with the custody order because of their personal wishes.
Learning more about how the courts handle contested custody cases can help parents develop workable family law strategies and realistic expectations. Children don't set custody orders, although they can influence them to a degree.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Are frequent flyer miles and credit card points marital property?]]>https://www.deitchandperone.com/?p=2525932026-05-18T18:52:06Z2026-05-18T18:51:50ZYour points have real money behind them
Frequent flyer miles and credit card points aren't just perks anymore. Depending on the program, a large rewards balance can be worth hundreds or even thousands of dollars in travel, cash back or merchandise. That's real value, and in a divorce, real value gets divided.
The name on the account isn't the whole story
New Jersey courts divide marital property through equitable distribution, meaning assets accumulated during the marriage are subject to division in a way the court considers fair. Whether rewards points count as marital property usually comes down to timing, not account ownership. Points earned during the marriage are generally treated as marital assets, even if only one spouse's name is on the account. Points built up before the marriage may be separate property.
A few other factors that typically come into play:
Whether the points came from shared household spending
Whether both spouses benefited from redeeming points during the marriage
The total dollar value assigned to the balance
Pinning down that value isn't always simple, but it's a step worth taking before finalizing any settlement.
Can't we just split a balance in half?
For better or worse, most loyalty programs don't let you divide a rewards balance the way you'd divide a savings account. Transfer rules vary by program, and some charge fees or restrict transfers entirely. A common solution is for one spouse to keep the points while the other receives something of equal value elsewhere in the settlement. A financial advisor can help determine what that looks like.
Hold off before you cash anything in
Once divorce proceedings begin, redeeming a large balance on your own can create real problems. The same goes for leaving rewards accounts out of your financial disclosures. Courts take hidden assets seriously, no matter what form they take.
Small details have a way of adding up. A thorough review of assets, including the ones that don't look like assets at first glance, can make a meaningful difference in how a settlement comes together.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Are prenuptial agreements enforceable in New Jersey?]]>https://www.deitchandperone.com/?p=2525912026-05-18T02:32:43Z2026-05-18T02:32:43ZNew Jersey’s legal requirements
Under New Jersey law, prenups are enforceable but they must be in writing and signed voluntarily by both parties. Full financial disclosure is mandatory. This means you and your future spouse must be honest about your income, assets, debts, and financial obligations before signing the agreement. Both parties should also be allowed enough time to review the document, understand the terms and seek independent legal counsel before signing.
Reasons a prenup may be challenged
Not every prenup holds up in court. For instance, a New Jersey court may refuse to enforce an agreement if there is evidence of fraud, coercion or hidden assets. Additionally, an agreement that is extremely one-sided may also face challenges, especially if enforcement would create serious financial hardship for either spouse.
Protecting your agreement from the start
The enforceability of a prenup often comes down to how carefully it was drafted. A well-crafted prenup, built on transparency and mutual understanding, is far harder to challenge than one signed under pressure or without proper guidance.
Given what is at stake, it is important not to leave anything to chance. Reaching out for experienced legal guidance when creating, negotiating and signing a prenup can help protect your intentions and reduce the risk of future disputes.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Is legal separation an option in New Jersey?]]>https://www.deitchandperone.com/?p=2525902026-04-30T08:49:57Z2026-04-30T08:49:57ZNew Jersey offers an alternative to absolute divorce
Spouses who want to live separately but who do not want to divorce have an option. New Jersey does not offer legal separation by that name. However, spouses may be able to pursue a similar form of legal protection known as divorce from bed and board.
Spouses live separately, divide their assets and address any shared parental responsibilities. They are still legally married, which means neither spouse can remarry. However, spouses do not reside together or share responsibility for one another's legal or financial decisions.
For those who cannot divorce completely, a divorce from bed and board may be the best option available. Legal guidance is typically necessary, as spouses must address many of the same issues that arise in a divorce.
Reviewing marital circumstances and what led to a desire for legal separation or a divorce from bed and board with a skilled legal team can help people understand their options. New Jersey can help people separate without formally terminating a marriage and exposing themselves to criticism or the loss of health insurance coverage.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Non-standard child custody scheduling considerations]]>https://www.deitchandperone.com/?p=2525892026-04-13T19:21:51Z2026-04-13T19:21:51ZWhen couples get divorced and start to set up a child custody schedule, they will usually consider the year-round schedule while they are at work and the children are at school. Many parents will make midweek exchanges, but some parents will simply exchange the children every other week. There are numerous different schedules that can work, depending on how evenly child custody has been divided between the parents.
However, there are some situations where this standard schedule will not necessarily apply. It is important for parents to plan in advance or know when modifications may be necessary.
Breaks from school
First and foremost, with school-age children, parents need to consider when they are going to have breaks from their normal schedule. This could include summer vacation for three months, for instance, and it also includes some holidays, such as Christmas break.
Holiday celebrations
Speaking of holidays, parents often need to look at major holidays like Christmas or Thanksgiving to decide how they want to handle celebrations. Some parents celebrate the holidays together, others trade holidays every other year, and still others have separate celebrations, such as celebrating Christmas on the weekend before the actual holiday.
Important events
Finally, parents need to consider how they are going to handle important events like a child’s graduation or their birthday. These are times when both parents often want to be present. That certainly may be possible, but they have to work together to determine how it will affect their custody rights.This helps to demonstrate some of the complexities of making a child custody schedule and when it can be beneficial to work with an experienced attorney.]]>