If that inheritance has been kept in a separate account and not co-mingled it, that asset will not be considered part of equitable distribution.
When those monies have been comingled, we have the difficulties in trying to establish that some component of that asset, now, that it has been comingled, is not subject to equitable distribution.
These issues are largely fact-sensitive, mainly the length of the marriage plays a role when the comingling took place and the reasons why those assets were comingled.
When it comes to divorce situations anywhere in the United States, inclusive of New Jersey, courts strongly highlight the importance of the best interest of any and all children involved. Parents are generally able to decide how to split the responsibilities and time with the child, if they agree that… Read More
In 1991, New Jersey passed the Prevention of Domestic Violence Act, meant to correct former legislative weaknesses regarding the protections afforded to abused partners. The Prevent of Domestic Violence Act covers many topics important in domestic violence situations. For example, helps victims of domestic violence acquire restraining orders as well… Read More
Until rather recently, the test used in New Jersey court cases where grandparents asked for visitation rights was “best interest of the child.” In 2000, the Supreme Court of the United States decided Troxel v. Granville, 530 U.S. 57 that a new standard was needed to better protect parents’ constitutional… Read More
As delicate and potentially difficult a conversation as mentioning prenups to your spouse may be, there are a lot of reasons to do so. This blog post will address in more detail why you should consider a prenuptial agreement as well as which factors you need to watch out for,… Read More