Law Office of Edward Fradkin, LLC FindLaw IM Template 2026-06-18T18:24:53Z https://www.fradkinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204494/2018/08/cropped-site-icon-1-32x32.jpg On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[Will I lose my alimony if I get remarried in New Jersey?]]> https://www.fradkinlaw.com/?p=49738 2026-06-18T18:24:53Z 2026-06-11T09:06:50Z Remarriage marks a meaningful shift after divorce. For many people, it brings stability and a new sense of direction. At the same time, it can raise practical concerns about what happens to existing financial obligations, especially alimony. If you receive support in New Jersey, you may question whether a new marriage will affect those payments or bring them to an end.

How remarriage affects alimony in New Jersey

Under New Jersey law (N.J.S.A. 2A:34-25), open durational alimony and limited duration alimony usually end when the person receiving support remarries. Payments stop automatically on the date of the new marriage.  Open durational alimony is typically awarded after longer marriages when ongoing support is still needed. Limited duration alimony applies for a fixed period following divorce. For most recipients, remarriage brings these obligations to a clear end. Still, the law includes limited exceptions that can change this result.

Certain forms of alimony may continue

Some types of support serve a narrower purpose and do not end with remarriage. These include:
  • Rehabilitative alimony: Supports education, training or career steps needed to achieve financial independence
  • Reimbursement alimony: Repays a spouse for financial contributions made toward the other spouse’s education or career advancement during the marriage
Because these awards address specific goals or past contributions, remarriage does not automatically eliminate them.

The catch: cohabitation

Remarriage is not the only factor that can affect alimony. In New Jersey, cohabitation can also lead to a change in support. Under the 2014 New Jersey Alimony Reform Act, a paying spouse may petition the court to reduce, suspend or terminate alimony if the recipient cohabits with a romantic partner in a marriage-like relationship. Legal marriage is not required for this rule to apply. Courts examine the overall relationship, not just whether two people live together. They consider several indicators of shared life, including:
  • Joint financial accounts or shared household expenses
  • Living together on a consistent basis
  • Division of household responsibilities
  • Travel taken together as a couple
  • Recognition by friends or family as a committed pair
When these factors are strong, a judge may find cohabitation and adjust or end alimony accordingly.

Understanding your next steps with alimony in New Jersey 

Changes in your personal life can have a direct impact on alimony, but the outcome is not always straightforward.  If you are going through a transition or are unsure how a new relationship may affect alimony, speaking with a New Jersey family law attorney can help you understand where you stand and what options may be available.  ]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[6 valid grounds for a New Jersey child custody modification order]]> https://www.fradkinlaw.com/?p=49737 2026-06-09T15:58:34Z 2026-06-09T15:58:34Z When a custody order stops working for your family, you do not have to simply accept it. However, if you rush into court without a clear legal basis, you may waste valuable time and money. The good news is that New Jersey courts are willing to update custody orders when you bring the right evidence. This is why knowing what qualifies as valid grounds puts you in a much stronger position from the start.

What New Jersey considers a substantial change

Before a judge will consider modifying your custody order, you need to prove a substantial change in circumstances. This means something significant has happened since a judge issued the original order. The change must last, carry real weight and directly affect your child's well-being. Temporary setbacks or minor disagreements between parents typically do not meet this standard.

Six valid grounds to update your custody order

Once you understand what substantial change means, the next step is knowing which specific situations qualify. New Jersey courts recognize six common grounds for modifying a custody order:
  • Parental relocation: If one parent moves a significant distance away, the existing parenting schedule may become unworkable.
  • Health and medical needs: A parent's serious illness or a major shift in the child's medical or educational needs can support a modification request.
  • Unsafe living environment: Evidence of domestic violence, substance abuse, criminal behavior or neglect in one parent's home is a strong basis for a change.
  • Job schedule changes: A major shift in a parent's work hours can affect their ability to care for the child consistently.
  • Breach of a court order: When one parent repeatedly ignores the existing custody arrangement, that pattern can justify a modification.
  • Child's age or preference: New Jersey judges typically give weight to the wishes of children aged 15 and older, provided parental alienation has not influenced those wishes.
Any one of these situations could be enough to bring your case before a judge. If your circumstances match one or more of these grounds, you may already have a stronger case than you think.

Your custody order should reflect your family’s reality

Your family's circumstances change and your custody order should keep pace with that reality. An outdated arrangement does not have to be the final word on how your family moves forward. With the right information and support, you can explore whether a modification is the right step for your child and your family.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[Who pays the mortgage while a divorce is underway?]]> https://www.fradkinlaw.com/?p=49733 2026-05-28T13:21:51Z 2026-05-16T23:03:38Z Temporary orders can address the mortgage Sometimes, spouses preparing for an uncontested divorce can establish an arrangement where they share responsibility for the mortgage, even if one spouse leaves the marital home while the divorce is still in progress. However, disagreements about possession of the home and responsibility for the mortgage are quite common. The courts can potentially address both possession and mortgage obligations in temporary orders issued in the early days of the divorce. If the spouse staying in the home lacks the income to fully cover the mortgage and other expenses, the courts can issue temporary alimony orders. Specifically, pendente lite alimony payments exist for the purpose of addressing financial inequities while the divorce is underway. The courts can order a higher-earning spouse to pay the mortgage or provide direct financial payment to the spouse staying in the home for a substantial portion of the mortgage amount due every month. Such arrangements allow spouses to protect their home equity until they have a final property division decree addressing the final disposition of the home. Spouses concerned about affording a mortgage during divorce may need to talk with an attorney as soon as possible before they file or after a spouse serves them. Requesting pendente lite alimony can help those who might struggle to pay their mortgage on their own afford the home until they receive their share of the marital estate at the end of their divorce.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[How using social media can affect you in a New Jersey divorce]]> https://www.fradkinlaw.com/?p=49731 2026-05-12T13:30:39Z 2026-05-12T13:30:39Z Posts can become evidence Anything you share on social media platforms can potentially be used in court. Photographs, status updates, check-ins and even comments on other people's posts might become evidence. For example, if you claim financial hardship while seeking alimony but post pictures of expensive purchases or luxury vacations, those posts could undermine your credibility. Similarly, if you are seeking custody but your social media shows you frequently partying or engaging in risky behavior, a judge might question your judgment as a parent.

Privacy settings offer limited protection

You might assume that adjusting your privacy settings will keep your posts safe from your spouse's attorney, but this provides less protection than many people think. Your friends or followers could take screenshots of your posts and share them. Additionally, during the discovery process, attorneys can request access to your social media accounts, and courts may order you to provide login credentials or copies of your posts. Deleting posts after receiving divorce papers could be considered destruction of evidence, which can lead to serious legal consequences.

Impact on custody and parenting time

Social media can significantly affect custody decisions. In New Jersey, judges often prioritize child safety as a threshold factor when determining the best interests of the child. Your online behavior often provides a window into your lifestyle and priorities. Posts that show poor judgment, excessive alcohol consumption or negative comments about your spouse could influence a judge's perception of your parenting abilities. Even seemingly innocent posts might allow your spouse's attorney to take them out of context and use them against you. If you have begun a new relationship, be particularly cautious about social media posts featuring your new partner. While New Jersey courts generally focus on whether a new relationship negatively affects the child's safety or welfare, photos or posts that appear to prioritize your social life over your children could still damage your custody case. A safe approach during divorce is to limit your social media activity, or pr pause it entirely. If you choose to remain active online, try to avoid making posts about your divorce, your spouse or your financial situation.

Protecting your interests during your divorce

Every post, photo and comment you share during your divorce creates a permanent record that attorneys could use in court. By exercising restraint online, you may protect your credibility, strengthen your custody case and protect your financial interests. What you choose not to post can be just as important as what you do share. Treating your social media presence with the same seriousness you would any other aspect of your divorce case helps ensure that your online activity supports rather than undermines your legal position.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[Can emancipation affect child support in New Jersey?]]> https://www.fradkinlaw.com/?p=49730 2026-04-17T15:19:33Z 2026-04-17T15:19:33Z What emancipation means for you Emancipation allows a minor to take on adult responsibilities before turning 18. If a court grants it, you may be able to make your own decisions about where to live, how to work and how to manage your daily life. At the same time, emancipation also means handling obligations a parent may have managed before. This can include paying for your own housing, covering food and transportation, managing your finances and making decisions about your health and daily needs. Courts look closely at whether you are prepared for that level of responsibility before making a decision.

How courts look at financial independence

One of the main questions a court will ask when you are seeking emancipation is whether you can support yourself in a stable and consistent way. To answer that, courts consider factors such as:
  • Whether you have steady income
  • Where you plan to live
  • How you will cover basic expenses like food, housing and transportation
  • Whether your situation is likely to remain stable over time
A temporary plan or part-time income may not be enough to show full independence. Courts often look for a clear and realistic ability to support yourself on an ongoing basis.

How emancipation may affect child support

If a court grants emancipation, it may affect whether child support continues. In many cases, child support is tied to dependence. If you are no longer dependent on a parent for financial support, the basis for that support may change. The outcome is not automatic. Courts still review the details of your situation, including how stable your income is and whether you can meet your own needs without assistance.

What to consider before taking this step

Emancipation can open the door to independence, but it also changes how you handle everyday responsibilities. You may need to plan for housing, healthcare and other expenses that a parent may have covered before. Thinking through these details in advance can help you understand what independence will require in practice. As you consider emancipation, it helps to weigh both the opportunities and the responsibilities that come with it.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[Custody rights if only one parent is on the birth certificate]]> https://www.fradkinlaw.com/?p=49724 2026-03-04T14:58:02Z 2026-03-04T14:58:02Z The birth certificate establishes the legal parent The parent listed on the birth certificate is generally recognized as the child’s legal parent. That status gives the listed parent automatic standing to seek custody and make decisions about the child’s upbringing. If only one same-sex parent appears on the birth certificate, that parent usually begins with the stronger legal position in a custody dispute.

A non-listed parent may qualify as a “psychological parent”

New Jersey courts may still recognize a non-listed parent as a psychological parent. This applies when a person has formed a true parent-child relationship with the child. Courts look at whether the legal parent allowed and encouraged that relationship, whether the adults lived together with the child, whether the person took on real parenting responsibilities and whether the child relied on that relationship as a parental bond.

Courts still decide custody based on the child’s best interests

If the court recognizes someone as a psychological parent, the case moves forward like other custody disputes. Judges evaluate custody using the best interests of the child standard under New Jersey law. That analysis may include the child’s relationship with each parent, the stability of each home and each adult’s ability to care for the child.

Protecting your parental role when legal status is unclear

When only one same-sex parent appears on the birth certificate, questions about custody can become complicated after a breakup. If you helped raise the child but are not listed as the legal parent, documenting your role in the child’s life may become important. Speaking with a family law attorney can help you understand how New Jersey courts may evaluate your situation and what steps may help protect your relationship with the child.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[3 ways a prenup is a commitment to marriage]]> https://www.fradkinlaw.com/?p=49720 2026-02-02T15:38:06Z 2026-02-02T15:38:06Z Prenuptial agreements often carry a stigma. Many people assume a prenup signals distrust or predicts divorce. In reality, a thoughtfully drafted prenup can strengthen a marriage by fostering open communication, protecting both partners and setting shared expectations. Here are three ways a prenup can actually be a commitment to your partnership.

1. Encourages honest conversations about finances

Money is one of the leading sources of tension in marriages. Discussing finances openly before you marry can prevent misunderstandings and build trust. A prenup creates a structured setting for couples to talk about income, debts and financial goals. Approaching these conversations proactively shows mutual respect and a willingness to tackle potential challenges together.

2. Protects both partners’ interests

A prenup is not about favoring one spouse over the other. Instead, it safeguards both parties’ assets and future plans. For example, it can outline how property, investments or business interests are managed. Knowing that both partners’ rights and responsibilities are clear can reduce anxiety and allow each person to feel secure. That security can make it easier to focus on building a life together rather than worrying about “what if” scenarios.

3. Builds a foundation for shared goals

Creating a prenup requires couples to consider long-term plans, from buying a home to saving for children’s education. This forward-looking approach encourages collaboration and planning as a team. By discussing expectations and priorities, couples lay the groundwork for shared goals and strengthen their partnership. A prenup is not a barrier to marriage but a tool to support it. It encourages couples plan for a shared future with confidence in each other.

A prenup is a thoughtful commitment

Far from predicting divorce, a prenuptial agreement can reflect thoughtfulness, honesty and mutual care. It is a practical way for couples to enter marriage with, knowing they have addressed sensitive issues responsibly. If you are considering a prenup, seek guidance from a qualified attorney who can help tailor an agreement to your unique situation. With the right legal support, a prenup can be an empowering step toward a strong and secure marriage.  ]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[How to Appeal a Family Court Decision in New Jersey]]> https://www.fradkinlaw.com/?p=49719 2026-01-26T14:46:52Z 2026-01-26T14:46:52Z Identify an actionable legal error Appeals are not an option just because people are unhappy with the terms of a court order. They must show that something inappropriate happened in court or that a judge erred in their interpretation of the law. Reviewing the court order with a family law attorney can help those who want to appeal an unfavorable order determine if they have grounds to take legal action. Before officially appealing, it is common to submit a Motion for Reconsideration. The original judge can review the motion and determine if they may have made a legal error when entering the original order.

Act quickly

There is only a limited window of opportunity in which to appeal a Family Court ruling in New Jersey. With limited exceptions for unusual cases, people typically only have 45 days from the date the courts issue the order to begin the appeal process.

Follow the right process

The lawyer representing the appealing party must submit the necessary paperwork to the Appellate Division of the Superior Court. Typically, that paperwork includes transcripts from the original trial, along with any other necessary court records. Additionally, they submit a Case Information Statement. This document discloses all relevant financial information about the case for review. The appeals process requires a $250 filing fee and formal service for the other spouse or their lawyer. Family law appeals are often very complex and rely on a thorough understanding of state statutes or prior court rulings. Those hoping to appeal a family court ruling generally need the guidance of a family law attorney. A lawyer can advise them if legal errors occurred and help them convince the courts to reconsider a prior order.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[What happens to the family home in a New Jersey divorce?]]> https://www.fradkinlaw.com/?p=49696 2026-01-12T10:02:09Z 2026-01-12T10:02:09Z The family home often represents the most valuable and emotionally charged asset in a divorce. In New Jersey, courts base the outcome on fairness rather than an automatic equal split and your decisions can shape finances and parenting stability long after the case ends.

How New Jersey treats the family home

New Jersey applies equitable distribution, which means courts divide marital property fairly based on the circumstances. Fair does not always mean 50/50. Judges review the facts of your marriage and decide what result fits those facts. The state’s equitable distribution law tells judges to look at several practical factors when dividing marital property including the family home. Judges consider how long the marriage lasted, how much each spouse earns or can earn, how each person contributed to the marriage, the lifestyle the couple shared and whether a parent with custody needs to stay in the home for the children.

Is the home marital or separate property?

Before deciding what happens to the house, the court first classifies it. A court usually treats a home as marital property if the couple purchased it during the marriage or paid for it with marital income. This rule can apply even when only one spouse’s name appears on the deed. A home owned before marriage may start as separate property but it can become marital when spouses use marital funds or joint effort to pay the mortgage, renovate or improve the property. This step matters because courts divide only marital property in a divorce.

Common options for dividing the house

After classification, several outcomes can follow. Each option brings financial and practical consequences. Courts and spouses often consider these paths:
  • Spousal buyout: One spouse buys the other’s share and keeps the home.
  • Sale and division: The home is sold and the proceeds are split.
  • Delayed sale: The sale is postponed, often so children can remain in the home.
Each option affects mortgage responsibility, credit exposure and future housing costs. When spouses cannot agree, the court can order a sale or give one spouse temporary possession.

Options you can explore further

Decisions about the family home involve legal classification, financial analysis and long-term risk. An attorney can explain how equitable distribution factors apply to your situation, review buyout or sale options and help you avoid missteps such as leaving the home too early.]]> On Behalf of Law Office of Edward Fradkin, LLC <![CDATA[4 types of assets that need careful division in a divorce]]> https://www.fradkinlaw.com/?p=49697 2025-12-26T14:16:26Z 2025-12-26T14:16:26Z Dividing assets in a divorce can be one of the most complicated parts of the process. In New Jersey, equitable distribution lets courts divide property fairly based on your circumstances, not always 50-50. While every divorce is unique, some types of assets require extra attention because of their value, complexity or the way the law treats them.

How New Jersey handles asset division

New Jersey courts look at many factors when dividing property. They consider how long you were married, each spouse’s income and earning potential, contributions to the household and future needs. In most cases, the period for equitable distribution ends on the date one spouse filed the Complaint for Divorce. Courts usually treat assets acquired after that date as separate property. Courts also evaluate certain assets differently based on how a spouse acquired them. Courts generally exclude gifts or inheritances from a third party from division, even if a spouse received them during the marriage, as long as the owner kept them separate and did not commingle them. Understanding which assets are more complex can help you prepare and reduce stress as you work toward a fair settlement.

Four types of assets that need careful consideration

Some assets are more complicated to divide and may require thoughtful planning and discussion. In New Jersey, these commonly include:
  • Real estate: This can include your primary home, vacation properties or rental investments. Courts consider mortgages, taxes and appreciation when dividing real estate.
  • Retirement accounts and pensions: 401(k)s, IRAs and other retirement plans often need special handling to ensure each spouse receives their fair share.
  • Business interests: If you or your spouse own a small business or partnership, business valuation and negotiation can be complex.
  • Valuable personal property: Items such as jewelry, collectibles, art or family heirlooms may carry sentimental value and need clear documentation to divide fairly.
These types of assets often require careful planning and professional guidance. Identifying them early can help you approach your divorce with more clarity and confidence.

Protect your assets thoughtfully

Taking the time to review your property and understand the complexities of different assets can make the process smoother and less stressful. An experienced New Jersey family-law attorney may help you anticipate potential challenges and make informed decisions that protect your long-term interests. Careful planning today can help avoid conflict tomorrow.]]>