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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.

Shortly after a divorce complaint has been responded to by the other party to the case, the case will be scheduled for an initial Case Management Conference (CMC) with the judge who has been assigned to the case. The purpose of the CMC is twofold. First, the Court will assign the case to one of three tracks- expedited, regular, or complex. The vast majority of cases are on the regular track. Cases in which there are no children, or children who are all emancipated, no spousal support issues, and have minimal assets and debts may be assigned to the expedited track. On the other end of the spectrum, cases in which there are complicated business issues, complex financial issues or any other circumstance in which experts may be needed, will likely be placed on the complex track. The designation of the track governs the management of the case by the Court.

Continue Reading The Acronyms of Divorce Part II – CMC (Case Management Conference) and CMO (Case Management Order)

CLIS and CI are the first acronyms that will be covered in a series of blogs designed to take some mystery out of the many acronyms in a New Jersey divorce case.

The first forms that must be completed in a divorce are the Confidential Litigant Information Sheet (CLIS) and the Certification of Insurance (CI). These forms contain basic but essential information that is necessary for the Court, the parties or litigants, and their attorneys throughout the divorce process.

Continue Reading The Acronyms of Divorce

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