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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 […]

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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

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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,

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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

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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

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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

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Dear Cassie: If I have a custody dispute with my spouse in our divorce, will my children be witnesses in Court? -R.E. Dear R.E.: You did not indicate in your question the ages of your children. If your children are young, it is extremely unlikely that they will appear as witnesses and testify in your

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Dear Cassie: I am divorced and have a son who is about to start his senior year in high school. Does my ex-spouse have to pay for my son’s college? -P.S. Dear P.S.: On the basis of your question, I am not sure if you entered into a Marital Settlement Agreement at the time you

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Dear Cassie: How does the court resolve a custody dispute?  -L.K. Dear L.K.: In determining custody of a child, a court is always controlled by the child’s best interests. New Jersey has a custody statute, N.J.S.A. 9:2-4, which identifies several factors a court shall consider when evaluating what custody arrangements are in a child’s best

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Dear Cassie: If I am divorcing but not yet divorced, does this change how I file my income taxes? Also, do I have to file jointly with my spouse? -M.M. Dear M.M.: A divorce, in and of itself, does not affect your tax filing status. So long as you are not divorced by Dec. 31

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