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How to Handle a Military Divorce

Military divorce cases require specialized knowledge and skills to navigate. Determining asset division and agreements, can be more complicated for military families than it is in a typical New Jersey divorce. At the Law Offices of Richard C. Klein, our Cherry Hill divorce attorneys offer knowledgeable and experienced legal representation to help military families transition as smoothly as possible during a divorce.

Hire a Knowledgeable Lawyer

Not every Cherry Hill divorce lawyer is familiar with the unique challenges that may arise in a military divorce. It is important to do your research and find a divorce attorney with experience handling military divorce cases. Hiring a lawyer who has successfully navigated similar situations for previous clients and can anticipate potential challenges can help you get through the divorce as painlessly as possible, while ensuring your rights, your family and your future are protected.

Military divorce is often complicated by various state and federal laws that apply during each step of the process. Rather than risking the financial security, benefits, and custody you deserve, it pays to do your research ahead of time and choose a military divorce lawyer who knows how to protect your interests in a divorce settlement.

Stay Organized from the Start

If you are seriously considering divorce, you will need to gather all relevant documents and paperwork and organize it in an easy to navigate system. Determining what benefits and assets may be classified as marital property before filing for divorce can help eliminate surprises and reduce stress. Maintaining  comprehensive, accurate records will help set the tone for the divorce proceedings and can mean the difference between achieving a fair settlement, and later discovering there were additional assets you did not consider but may be entitled to.

Take Care of Yourself

When emotions are high, the divorce process gets more difficult and stressful. Taking care of your health and engaging in activities that reduce stress can help you stay focused and help your divorce proceed smoothly.

Increased stress levels can cause people to make poor decisions that could have a negative impact on the outcome of a divorce.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein Understand the Unique Challenges of a Military Divorce in New Jersey

We have the experience and knowledge necessary to successfully advocate for our clients’ interests in military divorce cases. Call (856) 544-9155, or to schedule a confidential consultation with a military divorce lawyer in New Jersey.

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The Surprising Reasons Why a Child Has Difficulty Visiting Their Other Parent

parenting timeDivorce can be difficult for children to process. No matter the age of the children, they hav grown accustomed to a two-parent household and  expect things to remain that way. The separation of parents may be hard on children, both mentally and emotionally. These children are not used to shuffling back and forth between households or splitting time between parents.

As a parent, you will do everything you can to make the transition easier, but sometimes things are beyond your control. A child may have a hard time letting go and outright refuse to see their other parent. This puts the you in a precarious position as the custodial parent. You do not want to disrupt your child’s time with their other parent but you do want to ensure that there is nothing wrong.

Typically, visitation is dependent on a court order. Couples may agree to joint or partial custody agreements. When a court order is in place, it is usually mandatory for a child to visit the parent at that appointed time. Of course, if parental parties have an amicable relationship, they may be flexible with the custody agreement. However, some structure is important to avoid confusing the child.

The Adjustment Phase

If the child knows when they are scheduled to visit the other parent and there is still pushback, you may want to delve deeper into the problem.

Children notice body language cues much easier than most people realize. Their anxiety regarding leaving with the other parent may be a projection of what you are feeling. If your child notices that you are sad or anxious every time they leave, they may become uncomfortable. Children do not like seeing their parents upset and the child may feel like they are upsetting you every time they leave with the other parent. In response to this perceived slight, they will begin to pull away from the other parent and get upset when you expect them to leave.

Another reason for your child’s behavior can also be a response to the custody agreement. The child could be having a very difficult time splitting time between two parents. They are used to spending time with both parents in the same house. This new experience is tough for them and they may act out in the hopes that you two will try to spend time with each other.

One of the biggest reasons for a child’s discomfort also has to do with adapting to change. They may not feel comfortable going to a new home with the other parent. Moving is dfficult for children and they feel like they are moving every time they go over to the other parent’s home. They must pack a bag, use a bathroom they are not familiar with, travel to another area, and these things may all trigger separation anxiety.

The best way to deal with the child’s discomfort is to seek the help of a therapist and an experience divorce lawyer. The therapist will help the child work through their issues and the lawyer will help you draft a custody agreement that works for all three of you.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein, P.A. Provide Support When Dealing with Child Custody Issues

If your child is having trouble with the current custody agreement, do not hesitate to call the Law Office of Richard C. Klein to schedule your consultation with an experienced and highly skilled Cherry Hill divorce attorney by calling (856) 544-9155 or contact us online. Our office is located in Marlton, New Jersey, allowing us to serve clients throughout South Jersey.

 

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Who Pays for the Kids’ College in Divorce?

divorce and college tuitionAmong the many issues facing parties while going through the divorce process is the question of who is responsible for the out of pocket costs for higher  education.  There is no set formula to determine this.  However, there are certain parameters which are important to keep in mind.

First, once the parties have agreed where the child is going to attend college, an application for financial aid is mandatory if financial circumstances dictate same.  The income of both parties will be considered.  There will generally be an obligation to apply for all available financial aid, whether from the college itself or Federal and State grants, loans and scholarships,  The parties, despite their differences on many things should attempt to cooperate in these applications as it will save both out of pocket expenses. 

Once the financial aid package is determined, is critical to know that BOTH parents have an obligation to contribute to the out of pocket expenses  The percentages will be determined by the respective incomes of the parties as well as their own financial needs and ability to pay. Therefore,  be certain to be prepared to demonstrate your financial condition and your potential ability to contribute to the child’s expenses. If there is a college fund that had previously been established, those funds must be applied first in addition to any financial aid before determining the out of pocket costs.

The determination of the obligation for college can be confusing and financially critical.  Be certain to review this issue carefully with your attorney to assure that you are fully protected and your child is as well.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein, P.A. Help Determine How Your Child’s Tuition Should be Paid

Call the attorneys at the Law Offices of Richard C. Klein at (856) 544-9155 or contact us online.

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Changing Your Name After a Divorce

A name is an integral part of a person’s identity. A name is used for establishing credit, arranging public services, paying bills, and more. Naturally, changing a name involves the legal system. Yet, changing your name after a divorce in New Jersey is not that complicated when done right.

How to Change Back to Your Maiden Name

Many states make changing one’s name because of marriage or divorce difficult. New Jersey is not such a state, provided the person getting divorced follows the law. When a person marries in New Jersey, the ability to change their name is as simple as presenting their marriage certificate to the Motor Vehicle Commission, Social Security office, creditors, and other interested parties. Changing your name after a divorce can be nearly as simple.

New Jersey allows either party to a divorce to change their name at the time of the divorce. The judge will simply rule the change to be so and it will be so. Then the person making the name change need only present the official court papers to interested parties. This is the easy way.

Sometimes people do not make a request to the court for a name change at the time of the divorce proceedings. Regardless of the reason, if this should happen a person will have to follow a more complicated route.

New Jersey follows a name change process that first requires filing a petition in the local Superior Court. This will consist of swearing out an affidavit that your reason for requesting the name change is not to avoid prosecution of a crime or for the commission of a crime, such as fraud.

Next, you will need to place a notice in a local newspaper stating that you intend to change your name. Interested parties will need to be notified as well such as creditors, landlord, bank, etc., and you will need to bring proof of these notifications to court. Next, you will have to state your case for the request to change your name to a judge.

Assuming he or she rules in your favor, copies of the court documents will then have to be forwarded by you to the Registrar of Vital Statistics and the state Department of Treasury.

Finally, once the name change is complete, your former name may not be used under any circumstance and any civil suits you face will remain valid.

When Children Are Involved

If children are involved in the divorce, some parents may ask the courts to also change their names to reflect the custodial parent name. This is seldom approved, with most courts preferring to leave the paternal name with the children. However, there may be instances where making a name change is in the best interests of the children; the courts consider each case on its merits.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein, P.A. Help With Changing Your Name After a Divorce

Although changing your name after a divorce may seem a simple thing, experience shows that things do not always go as planned. To be safe, the best thing to do is let the attorneys at the Law Offices of Richard C. Klein handle the name change for you. Call us today at (856) 544-9155 or contact us online.

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Things to Know About Divorce and Special Needs Children

Divorce is difficult for both parents and children, but when a special needs child is involved, finding the best solution can be tricky. Families often rely on public programs for an array of medical and financial needs to properly care for their child with special needs. Without careful planning, divorce and the resulting court-sanctioned settlements may derail many such programs. This can cause unforeseen difficulties for both parents and the child.

Government benefits such as Social Security and Medicaid help families defray the increasing costs of caring for children with special needs. However, these benefits are subject to incomes derived by parents. Although a couple with a child with special needs may qualify for benefits while together, when divorced, child support and custody payments may cause complications. Divorcing parents need to consider such matters during the settlement process lest they find themselves unable to adequately care for their disabled child’s current and future needs.

Factors That Impact Eligibility for Special Needs Social Services

In considering eligible income for purposes of providing needed supplemental coverage, the value of a home, the direct income earned by parents, and certain investments may be used. In addition, the age of the child, the exact nature of the disability, and life insurance proceeds may impact the ability of a special needs child to receive public assistance.

A parent will want to avoid anything that may cut the child off from public benefits because obtaining these later may be more difficult.

Some of the ways to prevent disruption of benefits is to set up a special needs trust for the child. A trust will ensure that the benefits remain intact while the support is paid to a trustee rather than directly to the child. Take insurance for example. When parents divorce, a common practice is to remove the former spouse as a primary beneficiary and name the child. This can cause the child to have the policy counted as income. A trust can prevent this outcome.

Another factor to consider is the situation of social services rendered to one of the parents. Some parents may be receiving SSI themselves. If a child is under the age of 22 at the time the parent begins to receive Social Security payments, the child may be eligible to draw a payment which is separate and does not impact the parent’s income.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein Help Protect Special Needs Children

Divorce is difficult and the laws related to providing for special needs children can make it more so. The New Jersey divorce attorneys at the Law Offices of Richard C. Klein understand how to help clients protect their assets and the benefits provided to their children. If you have a special needs child, it will be in the interest of all involved to get in touch today, whether you are considering or already engaged in seeking a divorce. Contact us online or call now at 856-544-9155. We not only serve clients in Cherry Hill but also Mount Laurel, Maple Shade, Marlton, Moorestown, and throughout New Jersey.

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