DIVORCE PROCEEDINGS

No divorce proceeding, whether in New Jersey or Pennsylvania, is the same. Each case involves unique issues concerning marital property, assets, disputes, and debts. At The Davis Law Firm, LLC, we routinely handle varying types of divorces, ranging anywhere from uncomplicated and uncontested to highly complex. We provide our clients with aggressive, vigorous, and creative representation from start to finish.

In New Jersey, the typical divorce may involve the following:

• Alimony;
• Child Custody/Visitation;
• Child Support;
• Investigation & Evaluation of Assets;
• Debt Management
• Pension Evaluation;
• Business Evaluation; and
• Equitable Distribution.

Understandably, many of our clients come to us having no idea of the true value of their marital assets or debts. Accordingly, it is our practice, when necessary, to conduct a thorough investigation and evaluation of marital assets/debts, and then negotiate an equitable distribution.

The most common concern that each client has in a divorce proceeding, though, is trying to figure out which marital assets he or she is entitled to. All assets acquired between the date of marriage and the date the Divorce Complaint is filed are considered marital property and, therefore, subject to equitable distribution. Property that may not be subject to distribution typically includes:

• Gifts or inheritances given only to one spouse;
• Personal injury awards given only to one spouse;
• Proceeds of a pension that vested before the marriage;
• Properties purchased with the separate funds of a spouse; and
• A business owned by one spouse before the marriage (although a portion of that business may be subject to distribution to the extent that the business increased in value during the marriage).

The only way to avoid equitable distribution of assets acquired during the marriage is through the use of a qualifying prenuptial agreement.

Certain kinds of marital property continue to create controversy during divorce proceedings. Accordingly, divorcing couples should be aware of the following assets and the issues their division usually create:

• Marital Home. The primary residential property owned by the divorcing couple is often their largest asset. Dividing such an asset can be quite complicated and cause bitter feelings in both parties, particularly when children are involved. It is important to know that the courts tend to allow the custodial parent to retain the home. This may create complicated arrangements to ensure that the departing spouse receives adequate compensation for the home’s value, as well as provisions for the continuing mortgage payments, tax liabilities, and maintenance of the home.
• Pensions. Pensions usually follow the marital home as the second largest marital asset to be divided. When there are other income sources sufficient to compensate the non-pension holder, courts tend to leave vested pension rights in the spouse who earned them. Otherwise, under federal law, the divorce court may enter a Qualified Domestic Relations Order (QDRO), requiring the administrator of the pension to make payment to both the earner and his or her former spouse.
• Family-Owned Businesses. When married couples are joint owners of a business, equitable distribution of the business presents complex valuation and allocation problems. First, either the couple or the court must determine who should receive the business. Then, the business will need a valuation, which requires a costly undertaking by outside experts (i.e. forensic accountants). If there are insufficient marital assets to adequately compensate the non-retaining spouse, there may be the necessity of a forced sale or long-term buy-out.

If you or someone you care for is either contemplating or forced into a divorce proceeding, please contact The Davis Law Firm, LLC immediately for an initial consultation and to discuss your best course of action. Upon being retained, we will advance your case aggressively and efficiently. 

CHILD CUSTODY & VISITATION PROCEEDINGS

When parents divorce, it is necessary to learn about the child custody and visitation options that are available, as well as the legal standards that apply. Obviously, the best-case scenario is where the divorcing couple can ultimately agree on custody and visitation without the need for a court order. When the couple cannot reach an agreement, though, sound advice and representation from an experienced family law attorney will usually make the difference.

The duty to provide day-to-day care of a child and the right to direct the child’s daily activities is known legally as "physical custody." "Legal custody," on the other hand, is defined as the rights and responsibilities associated with those decisions pertaining to the child’s upbringing.

Many options regarding the division of custody rights and responsibilities between divorcing parents are available. It seems that the trend of the courts has been to encourage divorcing parents to continue working together to raise the children born of their marriage. Custody arrangements typically include the following:

• Sole Custody. Sole "physical" custody occurs when one parent retains the exclusive, right to have the child primarily reside with him or her. Sole "legal" custody happens when one parent has the exclusive right to control the major decisions (i.e. medical, school, etc.) in the child’s life. The most common type of sole custody is sole physical custody with joint legal custody and a generous visitation schedule for the non-custodial parent. When one parent ends up with the primary responsibility for the divorced couple’s children, the non-custodial parent usually has a right to maintain contact with the children through ongoing visitation.
• Joint Custody. In this arrangement, parents share responsibility for decision-making, physical control/custody of the children, or both.
• Split Custody.  This arrangement is a much less popular resolution where each parent takes custody of different children.
• Shared Parenting. Shared parenting is a relatively new concept in child custody that has been used in several states. In this arrangement, children usually spend equal amounts of time with each parent, and the parents share legal and physical custody.

When couples cannot reach an amicable resolution, procedures are available throughout the divorce process to resolve custody conflicts. Common procedures used to resolve these conflicts include the following:

• Temporary Hearings. Family courts hold temporary hearings shortly after the initial papers are filed. If custody is contested at that point, the court will issue an order deciding custody that will be in effect until the court enters its final divorce decree. This temporary arrangement is commonly referred as pendente lite custody.
• Custody & Mandatory Mediation. Mediation is a form of alternative dispute resolution in which divorcing couples work with a specially trained, neutral third-party to resolve some or all of their disagreements. Couples who resolve their custody disputes through mediation can include a provision in their final divorce decree making mediation mandatory to resolve future custody and visitation disputes.
• Custody Evaluations. If the parties are unable to reach an agreement regarding custody, most courts will order a custody evaluation prior to trial. This evaluation is made by an outside expert on whose opinion the court will rely in ordering a child custody arrangement that is in the best interests of the child.
• Custody Trials. Most courts decide contested custody cases based upon a determination of which arrangement is in the best interests of the child. Factors considered in determining custody arrangements include the child’s age, the child’s attachment to the parent who is the primary caregiver, the physical and mental health of each parent, the existence of domestic violence, and the child’s wishes.

Once the issues of custody and visitation have been resolved, specific procedures must be followed to formally alter or modify the arrangement. If the parents agreed to the arrangement through mediation, they are normally obligated to return to mediation for any proposed modifications. If custody was established through a court order, the parents must petition the court for any modifications. To support his or her request for a change in the custody arrangement, they must be able to demonstrate a substantial change in circumstances to the court.

Effective resolution of child custody and visitation disputes requires parents to act not only reasonably and responsibly, but also in their child’s best interests at what is usually one of the most difficult times in a person’s life. If you have found yourself in this situation, please contact The Davis Law Firm, LLC without delay, so that we can help you understand your options and devise a plan that will advance the best interests of you and your children. 


The Davis Law Firm, LLC represents New Jersey clients in Hamilton, Trenton, Lawrenceville, Princeton, West Windsor, Ewing, Hopewell, Cranbury, Burlington, Bordentown, Mansfield, Allentown, Robbinsville, Jackson, Hightstown, Pennington, East Brunswick, New Brunswick, North Brunswick, Edison, Woodbridge, Flemington, Camden, Cherry Hill, Maple Shade, Mr. Laurel and other communities throughout Mercer County, Middlesex County, Burlington County, Monmouth County, Somerset County, Camden County, Essex County, Passaic County, Hunterdon County, and Bergen County.  The firm also represents Pennsylvania clients throughout communities in Northeast Philadelphia, Bucks County, Montgomery County, and Philadelphia County.