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Child Custody When Parties Reside in Different States

Going through a divorce can be incredibly stressful for both partners, but the parties that often suffer the most are the children involved. It can be extremely difficult to raise a child when both parents live apart in different states, especially when the child is relatively young. However, there are custody arrangements that can ensure that children will have a positive relationship with both parents no matter how great the distance. In this article, we’re going to explain what those options are and how you can ensure that your child will grow up with both loving parents. Types of custody There are two main types of custody; legal and physical. Legal custody gives a parent the right to make decisions regarding a child’s welfare. For example, they will handle schooling and medical issues. This means that if the parents live in different states but do have a good relationship and communicate on a regular basis, legal custody can be shared but it can be difficult in certain situations for the parent that lives further away. Physical custody refers to the location where the child will live. Again, if both parents have a positive relationship then this can be split, but it’s most common to see the child living with one parent for a third of the year and the other parent for the remaining two-thirds. The most common arrangement for this is to have the child stay with one parent during the school year and the other parent whenever there’s a break such as during the summer or spring. Unfortunately, it’s not always feasible to offer joint custody unless the marriage troubles have settled and the parents are able to have a cordial relationship. Judges typically do not enjoy sending a child all over the country, so it’s possible that physical custody may be transferred to a single parent if the judge feels it’s best for the child. Knowing which state handles the case Understanding where the custody battle will take place can be a complex matter because it’s often unclear what the conditions are. This will usually boil down to a few points: ? Are there existing court orders? ? Where does the child currently live? ? Where did the child live before? ? What state does the child have connections to? These are the most common questions that will be asked and used to determine where the case will be handled. These are often handled in priority. For instance, if there are existing custody orders then they state they took place in will handle the custody battle. However, if there are none, then the home state of the child will be used. This often means that the child has lived there for the last six months. If the child has been moving around and has no home state then the court will consider which is best based on the child’s connections to each state. Contact us today Marriage trouble is never something that you look forward to dealing with as it often pulls children into the line of fire. If you’re planning to enter a custody battle in Bergen County, New Jersey, North Jersey or Paramus, then please get in touch with us as soon as possible so that we can guide you on the best steps to take.

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Divorce When Both Parties Have a Business

Fighting through marriage trouble can be incredibly tricky, but a divorce is often the best option to ensure that you can live your separate lives happily and also ensure that your kids are given the best future possible. However, things can start to get complicated in divorce law especially when both parties have a business. In most cases, a business’s assets will be split between both partners when the divorce happens, but separating and calculating these finances is incredibly difficult for several different reasons. Why is calculating the split so difficult? It’s not just a case of giving half of the shares to each partner. There are many variables to take into consideration such as: Do both partners have equal involvement in the business? Does your spouse have absolutely no knowledge of the business and its assets? Was the business inherited in the past? Did both partners start the business as a joint venture? How much has the business grown since the separation? Has the business declined with the separation? Could factors caused by a partner directly influence the growth or decline of a business? Because of all these different factors, it’s not easy to immediately tell what happens to a business during marriage trouble between a couple. A divorce is a complicated separation and it takes a lot of careful calculations if you want to factor in everything. As a result, you’re going to need a dedicated team of legal professionals to help you ensure that the valuation process goes smoothly and accurately. Valuation of the business The most important step is to value each business fairly. This often means calculating the appropriate value that a buyer would be willing to pay on the open market. This itself can depend on the type of business. For example, calculating net assets is usually suitable for investment businesses, while earnings are used for trading businesses. Valuation of individual shareholdings is also another method, and historical performance is often taken into consideration as well. There are many different ways to value a business, but this doesn’t necessarily mean that the business will be sold and the money split between both parties. While a court can force you to sell the business, it’s extremely rare for this to happen and often seen as a last resort to resolve a case. Other variables include loans that the business owner has taken out or any taxes that have yet to be paid, as every single penny will be taken into consideration to ensure a fair divorce procedure Final words As you can see, it’s almost impossible to make suggestions on a topic so complicated and involved. However, if you are in the Bergen County, New Jersey, North Jersey or Paramus areas and you’re in need of a professional lawyer to help you with your divorce proceedings, don’t hesitate to get in touch with us and we’d be happy to explain the process in greater detail or answer any questions and concerns that you may have.

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Practical Tips on Co-Parenting After Divorce

A divorce is an extremely stressful, upsetting and disruptive process for all involved. Yet, whatever differences cause a couple to become estranged, there’s one thing upon which they can always agree… Their number one priority is mitigating the effects on their kids. However much enmity can occur at the end of a relationship, this pales in comparison to the parental instinct to do right by one’s children. With this in mind, even those undergoing a bitter divorce are amenable to the notion of effective co-parenting. Let’s take a look at some practical tips on co-parenting after your marriage is terminated... Set your feelings aside We realize that this is far, far easier said than done. However, in order to successfully co-parent, all divorced spouses must, to some extent compartmentalize their emotions. If you don’t have something nice to say to or about your ex, simply don’t say anything. If you have trouble finding the perspective necessary to do this simply focus on your child / children and the love you have for them. Everything else is just a footnote. Don’t put your kids in the middle Kids can get over a divorce pretty easily when both parents demonstrate a willingness to put their differences aside and raise them collaboratively. Putting them in the middle of your feud, however, can only traumatize them. As cathartic as it may be to you to explain to them all the reasons why your ex is a scumbag, they most certainly won’t benefit from that information. Again, if you can’t say anything nice about them, don’t say anything about them. Don’t pass messages through your kids, don’t use them as your spies to find out what your ex is up to and don’t make them feel as though they have to choose between you. You and your ex might not be together, but your kids will always have you both. Keep emotion out of your communication As unpalatable as it may seem, you can’t co-parent effectively without maintaining some level of communication with your ex. And it can be extremely difficult to keep emotion out of your communications. Yet, as satisfying as it may be to start an email to them with the words “Dear Pig,” this can only exacerbate the situation between you and impact negatively on your child’s wellbeing. Keep your written, verbal and personal communications with your ex as business-like as possible. Be polite and amenable where you can, and pare your communications down to the bare minimum where you can’t. If you can’t handle being around your ex, use a mediator If, despite your best efforts, you find it too emotionally difficult to be around your ex, or even to communicate with them over the phone or via email, there’s no shame in admitting that you need a helping hand. A mediator can work collaboratively with both parties towards a common goal… Doing what’s best for your children. How we can help We offer a host of mediation services for newly estranged couples and parents going through divorce. Together we can work towards a peaceful and mutually beneficial resolution and allow time to heal the wounds made in the relationship. Contact us today to arrange a consultation.

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Finding a fair compromise in a divorce through mediation

Divorces are by nature very stressful and painful; however, this stress can be diminished. There are several ways to ease the process for both parties, and one of the most helpful methods is mediation. More and more people are choosing mediation as a way of making their divorce process simpler and much less confrontational; perhaps you should consider mediation as well Active Participation on Both Sides For mediation to be effective both parties need to be committed to honestly search for compromises and fair solutions for all of their issues. The key to your success will be your ability to set aside your resentments and proactively work on addressing every concern of both sides. If you’re both willing to do that and to make this process work, it could be one of the best decisions you make during the divorce process. Put the Children First Putting the children first is a very important commitment that you both need to make going into the mediation process. This will immediately create a common ground and a good starting point. It will also better align your respective priorities. Putting the children first will also help to turn you away from confrontations and steer you towards cooperation and problem solving. Save Time, Money and Stress You can save yourself a whole lot of time, money and stress if you choose mediation over the alternative approaches to divorce. It saves you time because you are communicating with each other directly (instead of through your respective attorneys) and you are in control of the whole process. Without the need of hiring two attorneys, you will also save a lot of money on your divorce process. Most importantly of all, the entire process will be less stressful for you both. Give and Take Mediation is about give and take; you really need to embrace this idea if you want mediation to work for you. Assuming an uncompromising posture will derail the process and will leave you disappointed. Think over your position on the issues that most important to you; prepare to negotiate and compromise for the most fair end result. With such an attitude you will be able to arrive at the results you can live with and move on with your lives. End the Process without Bitterness As you go through the mediation in a good faith, you are focused on finding fair solutions to your issues, rather than trying to hurt each other. Thus, the mediation process takes the inherent bitterness and rancor out of your divorce process. In the end you will have a sense of accomplishment and satisfaction that you have acted in the best interest of yourself and your children. Litigated divorces frequently leave people disappointed and resentful, whereas mediated divorces allow for a path into a better future.

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Tips for Preparing for your Divorce Mediation

Choosing to mediate your divorce is always the most peaceable and effective way to settle the end of a marriage. However, a divorce mediation can still be very challenging. Divorce is a very emotional and a difficult process in and of itself; however, it is precisely the time when you need to make very serious decisions affecting all aspects of your lives, discuss and agree upon many issues and learn to move forward with your lives. Here are some tips to help you get through it. Putting the family first If you have children, then it’s important for their sake that you put their best interests first. Learning to co-parent is one of the most common reasons that couples look for a mediation in the first place. Divorce is a trying time for your children. Their world as they knew it, is crushing. Mediation will not only help you to put together a parenting plan that will work for everyone in a family, but it will also teach you to co-parent and give you tools to resolve all the future issues concerning your children. Please bring a picture of them to a mediation session to remind yourself that they are your first priority. Make sure the mediation is reciprocal During a divorce, it can be tempting to want to strong-arm your spouse into accepting something they would later regret. However, while in mediation, it’s important to leave all notions of punishing the other side at the door. In order for mediation to succeed, both spouses will have to honestly seek reasonable compromises and be fully committed to treat each other fairly. As co-parents you will remain in contact with each other for many years to come. Your agreement should be conducive to this goal without leaving either of you full of resentment. Make sure you’ve prepared your paperwork The mediation will go much smoother if you know what you need to bring and what you need to discuss. This includes master list of real estate, personal property, vehicles, retirement accounts, credit cards, and more. It also includes records of all income sources as well as regular expenses. Spend time gathering the information you need, so there are no unwelcome surprises from either side during the mediation process. Knowing all the facts will prevent you from building unrealistic expectations about your future financial situations and your mutual obligations towards each other. Stay respectful and relaxed A divorce can be a very emotionally draining time of your life, regardless of how you handle it. You have to remember that you’ve chosen mediation to make this process as non-contentious as possible. Please try to avoid any negative feelings while in session. When listening to your spouse try not to assume any negative intentions on their part; on a contrary, believe that they have the best interests of all parties at heart, while also trying to understand their side of the story. Mediation only works as a cooperative process, so put any competitive urges to the side. Even with mediation, divorce isn’t easy. However, you have to remember that you have come together to reach an agreement, which may require a lot of flexibility, and a lot of compromise from both sides. NJ Divorce and Family Mediation Services will be here to guide you through every step of the way, so if you ever need advice or have a question during the process, you can reach out to us.

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