Rutgers LawFindLaw IM Template2026-04-23T10:41:10Zhttps://www.rutgerslawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1201782/2021/12/cropped-Rutgers-site-icon-32x32.jpgOn Behalf of Rutgers Law<![CDATA[How to deal with child custody and divorce simultaneously]]>https://www.rutgerslawfirm.com/?p=474682026-04-23T10:02:18Z2025-10-14T17:34:22ZDivorce is never easy and when children are involved, it becomes even more complex. Managing the emotional, legal and practical aspects of both divorce and child custody at the same time can feel overwhelming.
Balancing these two processes needs patience, open communication and a clear understanding of how custody decisions are made. Every legal step you take should aim to protect your children from unnecessary stress and foster a sense of normalcy during a difficult transition.
1. Understand the best interests of the child
Courts give priority to the best interests of the child when making custody decisions. Crucial factors such as the child’s relationship with each parent and stability at home play a major role. Maintaining a consistent routine and minimizing disruptions helps demonstrate your commitment to your child’s well-being.
2. Separate personal conflict from parenting
Divorce can stir up strong emotions, but it is crucial to keep those feelings away from parenting matters. Avoid using your children as messengers or involving them in disputes and focus on creating a respectful co-parenting relationship that prioritizes your child’s comfort and development over personal disagreements.
3. Develop a parenting plan
A parenting plan outlines how you and your co-parent will share responsibilities after the divorce. It typically covers living arrangements, visitation schedules, schooling, healthcare and decision-making authority. Having a clear, written plan reduces misunderstandings and provides a stable framework for both parents and children.
4. Encourage communication and cooperation
Children benefit most when both parents can maintain respectful communication. Regular updates about schooling, health and emotional well-being help maintain transparency. Cooperative parenting not only reassures the child but also builds trust between parents during and after the divorce.
5. Seek emotional and legal guidance
Divorce and custody decisions can be emotionally draining and legally complex and seeking reliable legal guidance helps you understand your parental rights, file the right paperwork and ensure all custody agreements comply with state laws. At the same time, consider emotional support through therapy or parenting groups to help both you and your child adjust to this new chapter.]]>On Behalf of Rutgers Law<![CDATA[Is a pension considered separate property for divorce purposes?]]>https://www.rutgerslawfirm.com/?p=474672026-04-23T10:02:11Z2025-10-02T14:54:46ZPensions are often at least partially marital property
People often misunderstand the difference between separate property and marital property. The courts don't particularly care whose name is on ownership paperwork. The most important consideration is when spouses have acquired assets or the income used to earn them.
One spouse may have begun accruing a pension before getting married. However, any amount contributed during the marriage is likely to be marital property. Even though it is a benefit directly associated with their employment, their spouse has the right to a shared interest in the pension during the divorce.
Dividing a pension is one option. Spouses can also use the value of the pension to balance the distribution of other assets and the division of marital debts. While directly sharing the pension isn't always necessary, factoring its value into major decisions is typically part of the property division process.
Reviewing the marital estate with someone familiar with the law can help people as they prepare for divorce. Pensions and other high-value assets often require careful consideration in the early stages of divorce.]]>On Behalf of Rutgers Law<![CDATA[The difference between staging a home and hiding defects]]>https://www.rutgerslawfirm.com/?p=474632025-09-14T19:22:08Z2025-09-14T19:22:08ZStaging a property can involve actions ranging from painting certain rooms a different color to removing excess personal property. In some cases, efforts at staging could cross the line and might lead to allegations of fraudulent misrepresentation.
Sellers should not hide property defects
It is reasonable for sellers to make minor repairs and cosmetic improvements to their properties before selling them. It is also reasonable to stage a property to make it as appealing as possible to prospective buyers. Those efforts are theoretically legal unless they involve intentional deception.
Sellers have an obligation to disclose known issues with the property in writing, regardless of whether buyers may notice them when touring the property. Patching drywall cracks caused by foundation issues and painting over a wall is an example of staging efforts that may go too far.
If the seller does not acknowledge the foundation issues in their written disclosure documents, buyers could potentially take legal action against them after discovering the issue later. Both buyers and sellers generally need to be aware of what is legal and what is potentially inappropriate when preparing to list a property for sale.
Misrepresenting a property's condition may violate the laws that govern residential real estate closings. Sellers need to protect themselves by making appropriate disclosures, and buyers need to understand the law to demand accountability if a significant misrepresentation of a property’s condition occurs.]]>On Behalf of Rutgers Law<![CDATA[3 tips co-parents may find helpful to keep the peace]]>https://www.rutgerslawfirm.com/?p=474622025-09-08T14:14:54Z2025-09-08T14:14:54ZRaising children with your ex can be a difficult situation once you split up. Some parents opt to co-parent, which means that they continue to work closely with one another even though they aren’t in a relationship.
It’s critical that both adults in this situation have a clear understanding of what should happen. Children who have to witness their parents fighting on a consistent basis may suffer emotional harm. Because of this, it’s in the child’s best interest if their parents can get along.
Focus on the children
One of the most important steps to take is to place the focus solely on the children. Try not to allow yourself to be consumed by the factors that led to the end of the romantic relationship. Instead, think about how you can give the children what they need. This can help to keep emotions calmer.
Respect the other parent’s time
Another critical aspect of co-parenting is respecting the other parent’s time. There will be events where both you and your ex attend to support the children. When it’s solo parenting time for your ex, it’s important to let them have their time with the children.
Know when to take a break
Even if you and your ex still get along, there’s a chance that certain conversations will become contentious. It’s important to know when to take a break so that the situation doesn’t evolve into a battle. Use the time apart to consider the matter at hand and determine what options are suitable that are also in the child’s best interests.Having a comprehensive parenting plan can help to alleviate some of the stress of co-parenting. Because this must be based on the child’s needs, it might behoove you to work with someone familiar with these matters so they can provide assistance with getting everything set up.]]>On Behalf of Rutgers Law<![CDATA[If you lose your job, can you stop paying child support?]]>https://www.rutgerslawfirm.com/?p=474602025-08-21T22:15:06Z2025-08-21T22:13:59ZYou and your spouse got divorced, and you split up custody of your children. Because your ex has custody more often and earns less money than you, the court ordered you to pay child support. This represents a percentage of your income, and you have to pay monthly.
At first, you have no problem doing so. But then you lose your job. Perhaps the company downsizes and you get laid off. It is not your fault, but you now have no income and you want to know how this affects your child support obligations. Can you stop paying?
You need to ask for a modification
One important thing to remember in a situation like this is that all payments are still due. The court order still stands, whether or not you have a job. If you already owe money, you still owe it. For instance, maybe you have missed payments for the last two months. Those cannot be changed or reduced, so you are still responsible for the back payments.However, you can ask for a modification to reduce what you owe moving forward. You just have to demonstrate to the court that there has been a significant change in your circumstances, showing them that you lost your job and no longer have an income. The court can then alter the payment in the future, reducing your obligation. But you do have to get that official modification, and you need to try to follow the court order that stands for as long as it does.This can be a complex situation and often leads to conflicts, so make sure you know exactly what legal options you have.
]]>On Behalf of Rutgers Law<![CDATA[What are the common mistakes to avoid during the divorce process?]]>https://www.rutgerslawfirm.com/?p=474592025-08-07T19:20:41Z2025-08-07T19:20:41ZOne little mistake during a divorce could lead to major repercussions. A mistake could mean losing assets, custody rights or financial support.
Here are a few common mistakes people make during the divorce process:
Missing deadlines
Getting the correct divorce documents submitted on time helps ensure a smooth divorce process. However, missing deadlines to submit paperwork or attend court hearings could impact a divorce settlement. A divorce could be delayed or rights could be lost when deadlines are missed.
Attempting to hide assets
Spouses may attempt to keep certain assets in a divorce by placing funds in separate bank accounts, making hidden purchases or hiding investments. However, hiding assets during the asset division process could lead to fines and incarceration. A spouse could uncover hidden assets during the discovery phase and hold the other spouse accountable.
Responding to a divorce emotionally
Divorce is an extremely emotional time. While people may act out in anger or grief during a divorce, reacting emotionally could potentially influence the divorce outcome. Spouses may need to consider approaching a divorce logically to avoid losing assets or legal rights.
Forgetting crucial financial and other marriage documents
The divorce process involves a lot of paperwork and documents. Missing important documents, such as financial statements or marital agreements, could potentially impact how marital assets are split and financial support options.
Failing to explore child custody rights
Parents who do not understand their child custody rights could potentially lose the right to spend time with their children and decide how they should be raised. The biggest mistake people make during a divorce is not reaching out for legal guidance. Professional legal guidance can help people through the divorce process and protect their interests.
]]>On Behalf of Rutgers Law<![CDATA[Can children choose where to live when their parents divorce?]]>https://www.rutgerslawfirm.com/?p=474562025-07-28T14:31:09Z2025-07-28T14:31:09ZCustody matters are often among the hardest issues to address during divorce. Both parents may want to have the children live with them most of the time. If they cannot agree on terms for shared custody, then they must take the matter to family court.
Judges settling custody disputes have to follow state law. Their priority should be acting in the best interests of the children. They have to consider many factors, possibly including the wishes of the children. Can children subject to custody orders decide which parent they live with after a divorce?
Children do not control custody orders
Family law judges look at many unique factors when deciding how to allocate parental rights and responsibilities. Frequently, they look at the pre-existing relationship the children have with the parents and also the ability of the parents to meet their needs. The preferences of the children can also influence the judge’s final custody order. There is no specific age at which a judge must consider a child's wishes. Instead, they decide how much weight to give the child's wishes based on their age, maturity and reasoning. Children can request to spend more time with one parent or to make one home their primary residence, but the final decision is at the discretion of the judge in a litigated case. Even parents who have not had a particularly positive dynamic with their children can still secure reasonable parenting time if they properly assert themselves in family court. The children generally have to follow the order established by the courts, and the other parent must make an effort to uphold the custody order as well. Knowing how the courts respond to a child's wishes in a contested custody case can help parents plan for court or negotiate more effectively. Children generally do not get to set their own terms for custody when their parents divorce.]]>On Behalf of Rutgers Law<![CDATA[What are the CAM fees included in a commercial lease?]]>https://www.rutgerslawfirm.com/?p=474552025-07-06T15:37:14Z2025-07-06T15:37:14ZWhat is a CAM fee?
As the name implies, a CAM fee is a fee assessed by a landlord related to the maintenance of shared facilities. For example, if a tenant occupies one office in a large building, CAM fees may cover costs related to parking lot maintenance, the shared bathrooms in the building and any security services that the landlord provides.
In some cases, landlords impose a set CAM fee every month. The tenant must pay that base amount in addition to their rent. Other times, the fee may fluctuate from month to month.
The commercial lease may make the business tenant responsible for a specific portion of the total maintenance costs for the facility based on the size of their unit and other factors. In many cases, tenants may have the option of negotiating their CAM fees to better reflect their use of the space.
Business leaders negotiating terms for commercial leases may need help reviewing the documents and obtaining the best terms possible, and that’s okay. CAM fees and other maintenance fees are often a top consideration when preparing to sign or renew a commercial lease.
]]>On Behalf of Rutgers Law<![CDATA[Why are contingency clauses used in real estate sales?]]>https://www.rutgerslawfirm.com/?p=474542025-06-26T08:08:40Z2025-06-26T08:08:40ZWhen someone wants to buy a home, they will make an offer to the seller. In some senses, this offer is a binding contract. If the seller decides to accept the offer, the buyer typically has to move forward – and backing out could cost them financially.
However, these purchase offers will often contain contingency clauses. These are clauses designed to give the buyer an out. They are a way for the buyer to break the contract without any financial penalty. Their offer is contingent on certain details and stipulations being met.
2 common contingencies
For example, one common contingency is to secure financing. Many people are making their initial offer without actually being approved for a mortgage loan. They may have preapproval and assume there won’t be any issues. But if it turns out that they can’t get the mortgage, then they can walk away without making a purchase.Another common contingency is for home inspections. Even if a buyer walks through the property and thinks that the house looks great, they may not know if there are hidden issues that are going to require tens of thousands of dollars to fix – a leaky roof, cracks in the foundation, etc. If the home fails the inspection, then it is possible for the buyer to withdraw their offer. They are not obligated to purchase the house because the contingency hasn’t been met.These are just two examples, but they help to show how complex a real estate transaction may become and why it is so important for all involved to understand their legal options and obligations.
]]>On Behalf of Rutgers Law<![CDATA[Can you get divorced if your spouse refuses to cooperate?]]>https://www.rutgerslawfirm.com/?p=474532025-06-17T02:05:03Z2025-06-17T02:05:03ZDivorce doesn’t require an agreement
Michigan is a no-fault divorce state. This means you don’t need to prove that your spouse did anything wrong. You also don’t need their permission or consent to end the marriage. If you believe the relationship is irretrievably broken, that’s enough for the court to begin the divorce process.
What if they ignore the papers?
Once you file for divorce, your spouse must be served with the divorce papers. It is a legal requirement that gives them a chance to participate in the process. Remember, you cannot serve your spouse the papers since you’re the one initiating the divorce. A qualified third party must do so.
Should your spouse ignore the papers or refuse to respond in time, you can request a default judgment. This allows the court to move forward with the divorce. In some cases, the judge may grant the terms you asked for, especially if your spouse does not respond or appear in court. It’s worth noting that Michigan law requires a waiting period before a divorce can be finalized.
Proceed with confidence
A non-cooperative spouse can make divorce more stressful and frustrating. However, your hands are not tied. The key is understanding your rights and having someone on your side who knows how to keep things moving and can guide you through the process. It can make all the difference in turning a difficult situation into a manageable one while helping you protect your interests.]]>