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Jennifer Weisberg Millner is a Shareholder and member of Stark & Stark’s Family Law & Divorce practice. Ms. Millner concentrates her practice in divorce, custody, adoption, and appeals. She is also certified in collaborative law, a method of dispute resolution in which the parties and their attorneys mutually agree to reach a settlement outside the courtroom without resorting to litigation.

Back to school is here and even though the pandemic is still with us, many parents are thinking about travelling during the Thanksgiving and Winter Break periods. When the parents of children are not together, travel brings on some additional considerations. What should a parent consider when making plans to go out of state, or out of the country?

Continue Reading The Holidays Are Coming – What Divorced and Separated Parents Should Consider When Preparing for Travel During Pandemic

documents needed for divorce njBack to school season is a time when many people think about divorce. Whether you are simply looking for information or are ready to take the next steps in your life, chances are you are considering an initial meeting with a divorce lawyer to get information about your current situation. Many people want to know what type of information they need to have on hand to have a meaningful meeting with their lawyer. Understanding what type of information will be asked for and what will be necessary in a divorce case early on in the process can be helpful in a planning perspective. The following are documents that will almost always be necessary in a divorce situation.

Obtaining these documents during a contentious divorce can sometimes be difficult. Knowing what you may need ahead of time allows you to accumulate what you can in a less stressful environment, and one in which you are in control. It can also prevent documents from going missing. Sometimes a spouse can collect information around the house prior to announcing an intention to seek a divorce, or even consult with a lawyer. Taking pictures of documents can be helpful as well, such as checks from the other spouse in order to obtain account information.
Continue Reading What “Divorce Documents” Do I Need Before Filing for Divorce?

You just realized an asset wasn’t included in the settlement agreement. Now what?

The custody schedule, support provisions, the sale of the marital home, and the agreement has been signed. This means at this point, the divorce is finalized. Just when everything seems they will return to a new normal you realize that an issue was forgotten and not addressed in the settlement agreement. So, what happens now?


Continue Reading Steps to Take When an Issue in a Divorce Settlement Is Overlooked

One of the most often asked questions about equitable distribution of marital assets is how a retirement asset is divided between spouses. The answer depends in large part on what type of retirement account is being divided, and what rules are associated with the retirement account.

All retirement accounts are not alike. The first question that must be asked is what type of retirement account are you dealing with? Generally, retirement plans are one of two types: a defined contribution plan, or a defined benefit plan.


Continue Reading Dividing Retirement Benefits in a Divorce

The past year has been difficult for many, and with deaths surpassing 400,000 in the United States due to COVID-19, many people in the midst of a divorce want to know what happens in the event their spouse becomes incapacitated, or worse, dies while a divorce is proceeding.

Continue Reading What Happens to My Divorce if My Spouse Passes Away or Is Incapacitated?

They say that the devil is in the details, and one of those details in a divorce is life insurance. Once all terms of an agreement are reached, the issue of life insurance has to be addressed. When cases do not settle, and a judge has to decide the issues of alimony and child support, the law governing support allows the judge to order life insurance to secure the obligation.

Continue Reading Life Insurance in a Divorce, Why You Need It and How Much You Need

Courts are asked to review electronic evidence more than ever, particularly in the age of the pandemic. You never know when or where the next video camera or recording device is going to show up. Particularly, when you’re in the middle of a contested divorce, if there are custody issues, caution is key. In addition to the obvious cell phone recordings, evidence in family law matters often comes from “nanny cams”, doorbell cameras, recordings of Zoom and FaceTime meetings, apps on cell phones to track locations, and other electronic marvels.

Continue Reading Videos, Recordings, and Other Electronic Evidence in Family Law Cases

In recent weeks, the Administrative Office of the Courts has released its statistics, and the news is not surprising. The courts in New Jersey are facing an unprecedented backlogs, and the Family Court has been hit particularly hard.

For those facing divorce, custody issues, post judgment issues, or any family matter, there are alternatives to consider.


Continue Reading The Pandemic Has Hit the Family Courts – What Should I Do Now?

An individual’s child support obligation is calculated utilizing several factors, the most important of which is the income that the individual earns. Usually a person’s income is calculated by looking at the salary and any appropriate deductions, including taxes, health insurance premiums, mandatory retirement or union dues. Some people have the opportunity to work overtime, which adds to their yearly income. The New Jersey Child Support Guidelines contains a provision that states if a person has sporadic income as a result of overtime or a second job, an average will be calculated for purposes of child support. The guidelines further provide that the court is able to exclude sporadic income if the party can demonstrate that it would not be available in an equivalent amount in the future.
Continue Reading If You Refuse Overtime, Are You Underemployed?