Obermayer Family Matters

Obermayer Family Matters

Assisted Reproductive Technology: Who Gets Custody of Embryos?

Posted in Divorce, Marital Property, Paternity, Prenuptial Agreement, Property Division

Dealing with infertility and assisted reproductive technology is overwhelming.  Learning the acronyms (IUI, ART, IVF, ICSI) alone can seem daunting. Then there is the anxiety and fear that come along with the regular testing and attempted cycles.  There is the emotion that accompanies the desire for a child.  The women start to feel like they are a living science experiment and the men can feel powerless.  Yet as intended parents trudge through the medical and laboratory bureaucracy, few think about the legal implications of the medical process.  Continue Reading

Are Pets Considered Personal Property in a Divorce?

Posted in Pets

There is no question that pets can be – and often are – beloved members of the family.  Much as we love them, it probably doesn’t surprise anyone to know that in many jurisdictions pets are considered personal property in a divorce.  Delaware is one of those jurisdictions.  As a prior post explained, the Delaware Family Court favors the dividing personal property by the two-list method.  Does that include pets? Continue Reading

Can I Obtain Full Custody of my Kids?

Posted in Custody

Potential new clients often tell me that they want “full custody” of their child/ren when they are facing a possible divorce/separation. When I delve a little further into what these clients are actually looking for, i.e. what they believe “full custody” means, I get a wide array of different answers.  My simple answer to their request/question is that we do not have the concept of “full custody” in New Jersey. Instead, New Jersey courts recognize two categories of custody; joint legal custody or sole legal custody. Most individuals believe that sole custody means that the other parent never has parenting time (also called visitation) with their child—this is not accurate. On the other hand, it is also widely believed that joint legal custody means that both parents equally divide parenting time with their children.  This too is not accurate. I thought it would be helpful to address both misconceptions in a (hopefully) easy article as follows: Continue Reading

Can Alimony Be Changed After a Divorce?

Posted in Alimony

The simple answer is YES! Alimony is always reviewable based upon a substantial change in either party’s financial circumstances. However, in general terms, we usually see the payor spouse (the one paying the alimony) file these applications. As an example, if the payor spouse loses his/her job or suddenly becomes seriously ill, then that spouse may file an application with the Court to review his/her support obligation. (It should be noted that this analysis may be different if the parties specifically agreed in their Marital Settlement Agreement that alimony is non-modifiable in nature, i.e. that they do not want the Court to review alimony now or ever in the future.)  Continue Reading

How Do I Prove Cohabitation to Suspend My Alimony Obligation?

Posted in Cohabitation Agreement

As you may have heard, it just got a bit easier in New Jersey to prove cohabitation, i.e. that your former spouse is in a serious relationship with their new partner!  Specifically, now, you no longer need to prove that your former spouse is living with their new love interest on a full-time basis.  This is huge! So, what evidence do you need to present to the Court to evidence that your former spouse has entered into more than a causal dating relationship?! The simple answer: as many proofs as you can find to meet your initial burden as follows: Continue Reading

Vacationing with the Kids: Are You (Really) Ready for Summer?

Posted in Custody, Divorce

With summer time right around the corner, many divorced and separated parents have questions about what summer parenting time (does the school year parenting time schedule change or stay the same?), vacations with the children (who gets to take the children on vacation and when?), and summer camp for the children (who enrolls and pays for summer camp or daycare?). Generally, the answer to all of these questions is: “It depends.” Because the summer time can bring about changes in the schedules of children and parents alike, it is essential to make sure that you and your ex are on the same page about the children’s summer schedule. Continue Reading

A Name Change May Cause Issues with Your Tax Return

Posted in Divorce

Many spouses change their last name when they get married. If the marriage ends in divorce, they may choose to resume their maiden or former name. The Internal Revenue Service released a Publication reminding married and divorced people that if they do not take the necessary steps to ensure the name on their tax return matches the name registered with the Social Security Administration, the mismatch will cause problems in the processing of their return and may even delay their refund. Continue Reading

Common misconceptions of NJ family law

Posted in Child Support, Custody, Divorce, New Jersey

In a world of “fake news,” access to reliable information about the divorce process is more difficult to come by than one may realize. While many litigants are quick to consult the internet, family members and friends for guidance on their divorce, the reality is that not everything you read/hear about divorce is credible and, even if it is, no two divorces are exactly alike. This blog post will attempt to identify, and hopefully dispel, five of the common misconceptions about divorce in New Jersey: Continue Reading