There are many things to consider when planning for a divorce. Of course, you will have to come to an agreement on how you will divide owned assets like property and finances. Large debt and financial difficulties might make you consider filing for bankruptcy. However, filing for bankruptcy while in the process of a divorce can be tricky and there are a few important things to consider.

Determining When to File for Divorce

Ideally, the most convenient time to file bankruptcy may be once the divorce is completed. However, waiting to file for bankruptcy until the divorce proceedings are over might not be an available option for everyone. A pending bankruptcy will change a few key components of the divorce process.  Most notably, the New Jersey state divorce court cannot equitably distribute the marital property in the midst of a bankruptcy proceeding. The marital assets are part of the bankrupt estate, and will be administered in the bankruptcy proceeding by the trustee on behalf of the creditors.  

It can be tricky deciding what information to include when a divorce is pending and the answers to these questions can affect your bankruptcy ruling. If you are unsure how to file or have questions about what information to include in the filing, it may be useful to work with a divorce lawyer.

How Bankruptcy Can Affect Divorce

While each bankruptcy and divorce case differ, there are a few general rules to understand.  A pending bankruptcy and any stay under federal statute or federal bankruptcy court order cannot cancel, forestall, discharge or dismiss alimony support or child support obligations.  

Other divorce obligations, however, like property debt or loans, may be forgiven under bankruptcy filing. It is useful to work with a divorce lawyer who is familiar with New Jersey’s divorce laws to better understand your individual options.

New Jersey Automatic Stay Laws

Under federal bankruptcy laws, an automatic stay is initiated after filing of the bankruptcy petition.  An automatic stay essentially means that all creditors and debts are put on hold while the details of the bankruptcy are being determined. But it also prevents initiation of a divorce proceeding or continuation of a pending divorce proceeding.  A motion may be filed in the federal bankruptcy court, however, to lift the federal bankruptcy stay insofar as dissolution of the marriage and support obligations are concerned.  

Discuss Your Divorce Case With a Divorce Lawyer Today

If you are considering, or currently involved in, a divorce case, and you are also considering bankruptcy, it is important to reach out to an experienced lawyer as soon as possible. The assets, debts, and details of each divorce case differs, so it is crucial to work with a legal team that can help you navigate your case.

Going through a divorce or bankruptcy, even at the same time, doesn’t have to feel overwhelming. Let our team of experienced New Jersey lawyers help guide you through the process, ensuring that you know what to expect and when, while protecting your legal rights throughout the legal process.

Contact a Cherry Hill Family Law Attorney for a Consultation About Bankruptcy During Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorney at the Law Offices of Daniel K. Newman represents clients throughout the state, including Camden, Cherry Hill, Gloucester Township, and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Much of the United States has watched other countries and how they are dealing with COVID-19 to better understand what we can expect. We’ve watched case numbers increase and decrease and learned what to do and what not to do while dealing with this unprecedented global pandemic. We’ve also learned a few things from paying attention to the outcome as countries around the world have adapted to this new virus. 

In addition to the direct impact of the virus, COVID-19 has also left countries with long-lasting effects, both financially and socioeconomically. One such trend is that of divorces. China has noticed a significant increase in the rate of divorces following the COVID-19 emergence. There are many factors that are contributing to that increase. 

How Is COVID-19 Affecting Families and Marriages? 

COVID-19 is affecting the majority of the world in one way or another. Even individuals who are never exposed to or never had any symptoms of the virus are affected in other ways. They might lose their job or deal with increased stress levels in an otherwise already struggling relationship or marriage. 

Families are facing the following pressures during COVID-19: 

• Financial difficulties due to loss of employment 
• Difficulty planning for the future 
• Around-the-clock childcare 
• Social isolation 

The ongoing impact and stress of the virus could leave many people questioning the happiness in their marriage. Financial difficulties and parenting are already top contributors to divorce. 

What to Do If You’re Considering Divorce During COVID-19 

If you’re currently considering divorce, then you will want to follow these steps: 

• Give yourself time to consider: COVID-19 has been stressful on many families all over the world. Before jumping into a decision that you might regret, it is a good idea to give yourself time to consider it. If possible, find ways to enjoy time apart, even while confined to the same household. 
• Create a divorce plan: Divorce changes the dynamics of a family. It requires parents to determine a child custody agreement. It might require that you find a new residence, which can be difficult during quarantine. If you have already decided that divorce is the only answer, it can be helpful to consider a plan ahead of time. 
• Discuss your plans with your spouse: Being open with your spouse when you are considering divorce is important. You will need to work together to determine the best living arrangements for you and your children. You will also need to divide your assets. 
• Discuss your case with a family lawyer: Discussing your case with a family lawyer offers many benefits. It allows you to think logically about the divorce and provides you with a detailed plan of steps you need to take as you prepare for the divorce. Working with a New Jersey lawyer can also give you answers to how to navigate a divorce during COVID-19. 

You can expect delays if you choose to file during COVID-19, as many courthouses are closed to the public. Fortunately, you can discover your options by discussing your case with a family lawyer remotely. New Jersey courts have also implemented temporary measures, like video/audio court sessions or conference calls with the judge, attorneys and parties. 

It can also be beneficial to discuss your options with a New Jersey family lawyer if children are present in the marriage. Child custody can make the process more difficult. Fortunately, you don’t have to navigate this difficult time on your own. Our legal team is here to help you navigate divorce during COVID-19. 

Contact a Voorhees Family Law Attorney for a Consultation About Divorce in New Jersey Today 

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at the Law Offices of Daniel K. Newman represents clients throughout the state, including Camden, Cherry Hill, Gloucester Township, Voorhees and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd, #207, Voorhees Township, NJ 08043. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. 

Types of Divorce

There are different types of divorces in New Jersey. This is why it is important to have an experienced divorce lawyer by your side from The Law Offices of Daniel K. Newman. We understand all divorce laws in the State of New Jersey and have successfully represented individuals while obtaining for them favorable resolution of their family law matter.

What is an Uncontested Divorce Versus a Contested Divorce?

An uncontested divorce is one where both parties have agreed in writing to the terms and conditions of a Marital Settlement Agreement. A Divorce Complaint and other required documents are filed with the court, and the case is given a court docket number. A Summons along with the Divorce Complaint are then served upon the defendant and proof of service is filed with the court. The court then schedules an “uncontested” Final Judgment for Divorce hearing. This is the most streamlined type of divorce that our NJ law firm can help you with. A contested divorce, on the other hand, is one in which you and your spouse cannot come to an agreement on all of the issues regarding the dissolution of the marriage, children’s issues if there children born of the marriage, allocation of marital debt and equitable distribution of property. This will involve negotiations, hearings, motions and sometimes a full trial in order to have a Superior Court judge issues a ruling as to all of the disputed issues.

About Default Divorces

A divorce by “default” is a two-step process. The first step is filing an Entry of Default. This occurs if the other spouse has not filed an Answer or otherwise pleaded to the Summons and Divorce Complaint within 35 days of service of the Summons and Complaint upon the defendant. The second step is a Notice of Final Judgment. This is a proceeding for a final judgment by default where the attorney prepares a written request for the court detailing relief sought against the defaulting party insofar as dissolution of the marriage, children’s issues, equitable distribution of property and allocation of marital debt is concerned.

Contact a Voorhees Family Law Attorney for a Consultation About Divorce in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Camden, Cherry Hill, Winslow, and Pennsauken. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests and the interests of your loved ones, throughout the legal process. Call us at 856-309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd., Suite 207, Voorhees Township, NJ 08043. There is no charge for the first consultation at our office.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Movie star Johnny Depp is accustomed to being in the public eye, but the negative attention caused by his recent divorce from Amber Heard is extremely embarrassing for the famous actor. Actress Amber Heard filed for divorce in May of 2016 after alleging that Depp aggressively attacked her by pulling her hair and slapping her in the face with a cell phone.

Heard Gives Divorce Settlement to Charity

Heard explained that she planned to pursue a settlement, but it wasn’t for the money except to the extent she could donate it to charity. In August, actress Heard promised to donate her divorce settlement damages. She specifically stated that she planned on giving it to charities that would prevent violence against women to help defend those less able to defend themselves. Recently, she made good on that promise and gave a large amount to the Children’s Hospital Los Angeles. The actress was noted on the 2017 donors list from the hospital in a designated category suggesting she donated somewhere between $1 and $5 million.

Family Lawyer Daniel K. Newman

Johnny Depp and Heard’s marriage lasted only 15 months, but the settlement, in this case, was enormous. When physical and emotional abuse is present in the marriage, courts may under the appropriate circumstances award damages against the abuser in what New Jersey calls a “Tevis” claim. The expertise, experience, and compassion that attorney Daniel K. Newman offers his clients provide a practical and successful method for dealing with all types of family law issues. His goal is to help clients achieve the best possible results throughout this difficult time period in their lives. To get started on your case today, contact the law office of Daniel K. Newman at 856-309-9007.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

When a married couple decides to divorce, both parties face some very difficult decisions. Many individuals going through the divorce process are emotionally distraught and anxious. Despite this, soon-to-be single individuals must make crucial decisions about finances, parental obligations and previously shared property with a former spouse who may or may not be cooperative.

The mental and emotional strain of divorce puts increased pressure on people, so it can be harder to make rational decisions even for the most calculating and forward-looking individuals. If you and your former spouse are able to agree on all issues between yourselves, then you might not need to hire a lawyer. A written signed marital settlement agreement is among the things you need to finalize the divorce. When there are significant marital issues in play that prevent amicable resolution of all issues, a divorce lawyer is necessary to ensure your rights are protected. There are many future financial decisions like college costs and pension issues, for example, which are overlooked by people when they represent themselves.

Various factors may influence a person’s decision to hire a legal professional during a divorce. In many situations, one party may find it impossible to negotiate effectively with their former partner to reach agreements. Your former partner’s personality will play a significant factor in whether you will be able to reach agreements outside of the courtroom. It is best to hire a divorce lawyer when significant issues like abuse have been present during the marriage. A lawyer will protect the rights of abused children, women or men, and a legal advisor can also help you deal with a dishonest or vindictive spouse attempting to utilize divorce court to further abuse you. If your spouse has hired an attorney, then it’s wise to hire your own legal representative.

Contact Camden County, NJ Divorce Lawyer Daniel K. Newman For A Free Consultation Today

Mediation can help some former spouses come to a negotiation, but an experienced divorce lawyer will ensure your rights are protected when one individual refuses to fairly negotiate. The compassionate and dedicated divorce attorney Daniel K. Newman can help you during this difficult process. Contact his law office now at 856-309-9007 to discuss the details of your case and determine if a divorce attorney is right for you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.