Freeman Law Center, LLC

It is essential that a landlord draft his lease very carefully because the purpose of that lease is to provide clear protections for the landlord. Absent a lease, a tenant is not obligated to abide by any rules or regulations other than the timely payment of rent, so it is a big mistake for any landlord not to have a lease. Many landlords hold to the erroneous belief that a lease somehow helps the tenant; however, that is absolutely false. As a landlord, it is important that you make sure your lease includes specific language that prevents such conduct as having pets, if that is a clause you require your tenants to fulfill. You may also prohibit other behaviors such as smoking or the playing of loud music at times that are after normal hours. Also, if the rent is going to be late, the lease must clearly state when the late period begins. Late charges must be clearly stated in the lease – and they have to be deemed to be additional rent.

New Jersey is an “equitable distribution” state. That means that any assets acquired between the date of the marriage and the date one party filed a complaint for divorce are subject to be distributed “equitably” – which can often mean 50/50, though that isn’t necessarily the case. Income, bonuses, retirement accounts, and property can be distributed. The list runs much longer – you’d be surprised by things that the court considers part of the marriage “pot.” An experienced attorney can help you figure out what assets in your case might be subject to distribution. Some property will not be subject to distribution. Inheritance will stay with the inheritor. That includes money and stocks as well as things like furniture and other heirlooms. Items clearly associated with one spouse’s hobby will go to that spouse – for example, golf clubs, easels and paints, hunting trophies, etc. Collections that appreciate, however – like antique cars, coins, or artwork – count as investments.

In any high-asset divorce case, both parties will undergo a full and thorough asset search, including assets held out of state or overseas. You may end up hiring a CPA or forensic accountant to study your spouse’s bank statements and tax filings to look for discrepancies and red flags. (It’s unwise to hide assets – if found out, you’ve weakened your position in the eyes of the court, making yourself appear untrustworthy.) Most other countries will accept the jurisdiction of a divorce proceeding in New Jersey, but some don’t.

Time frames for divorce proceedings vary, and any cookie cutter estimates will be unreliable. A divorce could be finalized in under a month, or it could drag on well past a year. The amount of time a divorce takes will depend upon the facts of the case and the willingness of both parties to communicate and to compromise. An experienced divorce attorney will be able to give you a more precise and reasonable estimate after examining your circumstances at an initial consultation.

New Jersey law requires a person to have lived in the state for at least one year before filing for divorce, except in cases of adultery, in which the time restriction is lifted.

Each divorce is unique, but in New Jersey, we classify divorces into two broad categories. * Uncontested: In an uncontested divorce, parties enter the process having already agreed on how to divide assets and care for children, or else there are no assets or children to fight over. *Contested: In a contested divorce, the parties negotiate or actively fight over assets, child custody, child support, spousal support, and even pets. Because most attorneys charge by the hour, contested divorces are much more expensive. Uncontested divorces are cheaper, quicker, and also tend to minimize any impact on children.

Please give us a call to discuss fees for divorce.

Please give us a call to discuss fees for divorce.