Dear Cassie: I just found out that my spouse sent a subpoena for my medical records. Is he allowed to do this? -P.P. Dear P.P.: When a divorce is pending, parties to a divorce can seek records – also called “discovery” – which are relevant to the divorce matter. The issuance of a subpoena is …
Dear Cassie: Am I entitled to receive a copy of my children’s medical and academic records from my ex-spouse? -V.P. Dear V.P.: If your Matrimonial Settlement Agreement or Judgment of Divorce identifies you and your ex-spouse as joint legal custodians of your children, you are entitled to not only a copy of your children’s medical …
Dear Cassie: My wife had an affair, and now that we are divorcing, she wants alimony from me! Do I have to pay her alimony? -B.P. Dear B.P.: New Jersey is a “no fault” state. What that means is that “fault” is not required to be able to get divorced. It is also not a …
Dear Cassie: Is New Jersey a “community property” state? -V.H. Dear V.H.: No. New Jersey is an equitable distribution state. Different states have differing laws in terms of how property is divided in the event of divorce. “Community property” is the legal system used in certain states whereby each spouse is presumed to have an …
Dear Cassie: What is cohabitation, and how does it impact alimony? -B.P. Dear B.P.: Cohabitation is a relationship between the recipient of alimony and a third party which can provide the basis for the termination or suspension of alimony. Unless the parties agree otherwise in their Settlement Agreement at the time of divorce, alimony is …
Dear Cassie: What is the difference between mediation and arbitration? -C.K. Dear C.K.: Both mediation and arbitration are different forms of what is called “alternative dispute resolution.” Alternative dispute resolution simply refers to ways to resolve your case aside from the traditional court system. Mediation is a forum to attempt to settle your case. The …
Dear Cassie: I got divorced a few years ago. My ex-wife and I have a Settlement Agreement that we agreed to. The more I think about it, the more I don’t like its terms. Can I get a Court to give me a better deal? -P.K. Dear P.K.: The short answer to your question is, …
Dear Cassie: What happens to our house in a divorce? -E.H. Dear E.H.: A house is an asset subject to equitable distribution pursuant to New Jersey law, no different from any other asset. If you and your spouse conclude or a court rules that your house will be sold, then it is the equity in …
Dear Cassie: My husband is self-employed and owns a business. What happens to a business in a divorce? -A.W. Dear A.W.: In a divorce matter, a business is just like any other asset acquired during the marriage; it is subject to equitable distribution. New Jersey is an equitable distribution state, not a community property …
Dear Cassie: I am going through a divorce. What is discovery? -K.M. Dear K.M.: Discovery is a component of divorce whereby each side attempts to learn as much as possible about all the facts of the case. The types of discovery that are appropriate in your case will vary, depending on the issues in your …
