Linda Mainenti Walsh, Esq., LLC

Super Lawyers Cover

2023-11-08T04:45:43Z

We are very excited to share that Linda Mainenti Walsh, Esq. has been featured as one of five amazing women on the 2022 New Jersey Super Lawyers Magazine cover article, "All the Single Ladies." In addition to this honor, Linda was listed as one of the Top 50 Women Lawyers in New Jersey on the 2022 New Jersey Super Lawyers list based on ranking top 50 in the Nomination and Blue Ribbon Review Process. READ THE DIGITAL EDITION HERE. The full methodology for Super Lawyers Magazine can be found here: https://lnkd.in/eU4afYQ No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Understand Asset Division in New Jersey Divorce

2023-11-07T07:44:56Z

A family court judge is often asked to make decisions on behalf of a pair of spouses who disagree about settlement issues. Every state has its own property division guidelines. No two couples settle a divorce in exactly the same way. It helps to be as prepared as possible before heading to court regarding the rules that govern asset division.

Marital Property Versus Separate Property

Any assets that a spouse acquired before marriage is considered non-marital property, otherwise referred to as separate property. For instance, if a person purchases a car in his or her name, then gets married, the vehicle is typically not subject to marital property division because it is separately owned. If a spouse purchases a car during marriage but does not put his or her spouse’s name on the title, it is still generally considered marital property.

Before a fair settlement can be achieved, a fully disclosure of all marital versus nonmarital property must be exchanged by the parties. It is also important to note that a fair (or equitable) division of property does not necessarily mean that the court will split assets equally between the spouses. It merely means that the court will determine how to divide the value of all marital property in question in a way that is fair to both parties.

Protecting Financial Interests in a Divorce

It is common for complex property division issues to arise in divorce, especially if spouses disagree on a specific matter. To protect one’s financial interests, it is helpful to consult with a financial adviser and to act alongside an attorney who is well-versed in New Jersey divorce litigation issues. The more a person learns ahead of time about the rules of property division in this state, the better able he or she will be to ensure a fair settlement.

Negotiation skills help in a divorce

2022-01-05T09:12:24Z

Making a decision that causes disruption in life is never easy, even when the person making the decision believes that he or she is doing what is best. Sometimes, things get a lot worse before they get better. This is often the case when a New Jersey parent decides to file for divorce. There are certain negotiation skills that can make finalizing a divorce settlement a lot less stressful, especially concerning child custody or property division issues. However, if one parent is willing to cooperate and work as a team but the other is confrontational and determined to make trouble, additional support may be needed to help overcome any obstacles that arise.

Successful negotiations involve being a good listener

Especially regarding child custody issues, parents must be willing to listen to each other in order to negotiate a co-parenting agreement. It is important for a concerned parent to understand state guidelines and also to know the court’s intervention may be sought if parents are unable to reach an agreement about a specific issue. As far as negotiations are considered, however, remaining calm when stating one’s goals and needs, as well as quiet and attentive when the other person is speaking, increases the chances of being able to achieve an agreeable co-parenting arrangement.

When even the best negotiation skills are unsuccessful

A New Jersey parent can apply his or her best negotiation skills and still find it impossible to achieve a fair parenting agreement, especially if the other parent is being dishonest or uncooperative. In such cases, the court can step in to make child custody decisions on the parents’ behalf. Once a court order is issued, both parents must fully adhere to its terms; if a co-parent disregards a child custody order, the other parent may seek legal support to resolve the matter.

Researchers say divorce rate is higher in this group

2021-12-23T08:59:43Z

Many studies have been done and are currently being done to analyze marriages and, more specifically, to try to determine red flag issues that appear to suggest a higher risk for marriages that don’t last a lifetime. A recent study shows a common factor among many married couples that often leads to a breakdown in their relationships. In short, researchers have determined that the divorce rate may be much higher for couples in New Jersey or elsewhere who had a child together before marriage.

What effect does a premarital birth have on a marriage?

The study was conducted with more than 430 participants, whose first four-plus years of marriage were analyzed. Spouses who had a child together before their wedding day filed for divorce twice as often as those who did not have children before marriage. Researchers say that spouses who entered marriage with children in tow seemed to have less efficient communication skills than married couples who were childless on their wedding day. Spouses who enter marriage with children also seem to report less satisfaction in their marriages more often than those who waited until after they were married to have children. Also, many couples who later filed for divorce said that having a child before marriage was the primary reason that they chose to get married, which may have had a negative effect on their marital relationship. Researchers also noted that most of the couples who filed for divorce after entering marriage with children were considered low-income families according to federal poverty levels.

There is no way to predict with certainty

While various studies may show common factors among participants who get married and then later file for divorce, there is no way to predict with 100% certainty which marriages will last a lifetime and which will not. Many married couples who did not have children before their wedding day may also encounter relationship problems that ultimately lead to divorce. The exact cause of a divorce may not be as important as building a strong support network once a decision has been made to end a marriage, including reaching out for legal support, as needed.

Don’t Leave Your Credit Unprotected in a Divorce

2021-12-09T16:40:22Z

Numerous issues must be resolved when a New Jersey spouse files for divorce. Every case is unique and key factors include how long a particular couple was married, whether they have children, own a business or have a high-net worth. It is important not to overlook important issues, such as knowing how to protect one’s credit during and after divorce proceedings.

Cancel Joint Accounts and Transfer Balances to New Cards

When preparing for a divorce, the sooner a concerned spouse establishes financial independence, the better. Regarding credit card accounts, it may be best to cancel all cards that are jointly owned. It is best to consult with your attorney as soon as possible to determine whether or not on which accounts to close. The balances can be transferred to new cards in one spouse’s name only. Especially in situations where there is contention, and one spouse might be taking revenge by going on a spending spree, this step prevents him or her from creating debt that the other spouse would be responsible to pay.

Not Cancelling Co-Owned Cards Can Have Disastrous Results

If spouses co-own a credit card and the spouse who has assumed responsibility for the debt after divorce does not pay it off, the other spouse is still legally responsible for it, as well. Unpaid debt can ultimately have a negative effect on one’s credit score. This is another reason why it is a good idea to establish separate ownership of all credit cards and bank accounts when planning to file for divorce.

Seek Clarification of All Credit Issues Ahead of Time

No one wants to be caught off-guard in court during property division proceedings. To avoid this, a spouse who is unsure about credit issues may want to ask an experienced New Jersey family law attorney to review his or her case. Such an attorney can recommend a best course of action for protecting credit and preventing other financial problems during and after a divorce.

How to Avoid Child Custody Fights During Holidays

2021-11-23T20:35:31Z

As many New Jersey parents can attest, divorce disrupts children’s lives. However, many parents would also agree that careful planning, in addition to cooperation between parents, can help keep stress levels low and provide children with the skills they need to cope with the changes in their lives. The holiday season is just around the corner, which can be stressful for any family but especially for those who have recently navigated or are preparing to go through a divorce. Avoiding child custody fights during a holiday season can help families enjoy festivities without legal problems putting a damper on things.

A Key To Avoiding Child Custody Disputes Lies in the Details

A concerned parent who is worried about child custody issues during the holidays after a divorce can incorporate specific terms of agreement into a co-parenting plan to help avoid problems. Spelling it all out in writing leaves little room for confusion or dispute. A parent can write out an entire holiday schedule, including where kids where stay, who will drive them here or there and who will finance gift-giving and other holiday expenses, etc.

Use Apps and Other Online Resources to Avoid Child Custody Problems

Especially if two parents tend to argue when they are together in person, taking advantage of advanced technology resources can help keep the peace during between co-parents during the holidays. Cellphone apps, virtual chat software and other electronic means helps parents keep clear lines of communication open without having to have stressful conversations in person. Parents can provide kids with apps for scheduling, as well, so everyone has access to the same digital calendar with all holiday events filled in.

A Smooth Holiday Season After a Divorce Requires Co-Parent Cooperation

A parent can make the best use of resources and still encounter child custody problems if the co-parent refuses to cooperate. This can be annoying and intensify holiday stress. It can also spark serious legal problems that are difficult to resolve without the court’s intervention. If a problem arises, it is a good idea to request a meeting with an experienced New Jersey family law attorney because the sooner the issue is resolved, the sooner the parent in question and his or her children can get back to enjoying their holidays.

Should You Ask For a Prenuptial Agreement?

2021-11-04T14:56:52Z

New Jersey readers who are currently considering marrying their partners no doubt understand the importance of clear communication in a relationship. While a pair of spouses might have different styles of communicating their thoughts and emotions, what matters most is that they understand each other and are able to work together to express their needs and nurture their relationship. In determining whether a prenuptial agreement should be part of the plan, it’s helpful to think of a prenup as a valuable communication tool.

A Detailed Written Agreement Serves Multiple Purposes

Perhaps a person has amassed wealth as a business owner before getting married. He or she may wish to retain separate ownership of certain assets that would not be subject to division if a marriage were to end in divorce. On the other hand, a thoroughly written prenup can protect a spouse from debt that his or her partner incurred before the wedding day, such as a college loan or mortgage on a home in a previous marriage.

An Initial Investment With Long-term Benefits

The decision to get married is one of the most important experiences a person can have in life. Signing a prenuptial agreement demonstrates an ability to think and plan ahead -- two attributes that are helpful in marriage, especially regarding finances and business ventures. Taking time at the start to write out clear terms of agreement can save time and money down the line if the relationship does not work out as a couple had hoped it would.

How to Know What to Write in a Prenuptial Agreement

It’s helpful for people in this state to speak to a New Jersey family law attorney before signing a prenuptial agreement. Such an attorney can ask questions regarding a person’s specific goals in drafting a prenup and can make recommendations as to the exact terminology to use in a written agreement to accomplish those goals. An attorney is also a great asset to have on hand if a person who signs a prenup later encounters challenges regarding validity in a divorce.

Filing a Divorce Petition

2021-10-27T16:53:13Z

When a New Jersey spouse decides he or she would rather divorce than remain in an unhappy relationship, it often prompts a series of life-changing events, especially when children are involved. The person filing a divorce complaint in this state is called the “plaintiff,” and the other spouse is called the “defendant.” It is always best to learn more about the specific laws and procedures that govern divorce before heading to court.

The Defendant Has a Limited Amount of Time to Answer

When a defendant receives official notice of divorce proceedings, he or she has several options, one of which is to submit an Answer to the court. A defendant could also disregard the notice, which would ultimately enable the plaintiff to file a Motion for Default. Finally, a defendant may also enter an Appearance in the proceedings and indicate agreement with the relief sought in the petition. A defendant might agree with some issues mentioned in a divorce petition but not others. For instance, he or she might agree to divorce but disagree with the plaintiff’s claim of entitlement to sole custody of the children. In any case, once a divorce petition is served, if the defendant in question plans to participate in divorce proceedings, he or she must serve and file a formal answer within a certain of time, which is typically 30 days.

Failure to Respond May Result in Default

In many states, if a defendant does not respond to a properly served divorce complaint, the spouse who filed may then file a motion for default. Since New Jersey’s divorce laws might be different from another state’s, it is important for someone considering filing a petition (as well as someone who has been served papers) to seek clarification about the specific default laws applicable to the proceedings. It is helpful to consult with an experienced family law attorney before filing for divorce or upon being served a petition.

Child support modification due to loss of income

2021-10-07T14:34:00Z

When a pair of parents decides to end their New Jersey marriage, they are, of course, both still obligated to provide for the financial needs of their children. As part of child custody proceedings, a family court judge will likely issue a child support order. As with any court order in a divorce, both parties must fully adhere to its terms.

Unexpected issues may arise that make child support payments infeasible

If a parent who is paying child support loses his or her job or suffers a reduction in income, he or she may have trouble making court-ordered payments on time. In such cases, it is possible to file a petition to request modification of the court order. If a parent does this, the court will review the petition and decide whether it merits a change in the existing court order.

Other legitimate reasons for requesting child support modification

In addition to loss of income, the court may consider other factors as legitimate reasons to modify a child support order. For instance, if the parent making payments has remarried and is supporting stepchildren in his or her household, the court might or might not consider the change in his or her financial status a valid reason for requesting that child support payments be lowered. It should be duly noted, however, that unless and until the court grants a modification request, the existing court order stands, and the parent in question must continue to make payments on time, no matter what changes have occurred in his or her personal life.

If an issue arises that a parent cannot resolve

Signing a divorce settlement, child custody or child support agreement in no way guarantees that legal problems will not arise down the line, especially if one parent refuses to adhere to the terms of an agreement. In those circumstances, a concerned parent has every right to request a meeting with an experienced family law attorney. Such an attorney is well-versed in applicable laws and can make recommendations to help protect parental rights and children’s best interests.

Did author Dan Brown try to hide assets?

2021-09-22T11:38:44Z

Dan Brown is one of the top-selling authors of all time. Many fans of his work in New Jersey and throughout the country closely followed stories of his divorce in 2019. Now, several years later, there are still unresolved issues regarding equitable distribution of assets. Namely, Brown’s ex says he purposely understated assets by concealing the true worth of future projects he was working on at the time.

Blythe Brown alleges that her former spouse hid millions

Brown’s ex, Blythe Brown, informed the court that the author intentionally listed the value of the projects he was working on for millions less than he knew they were worth. She has since requested triple that amount. She has also asked that court order her former husband to pay all of her legal fees.

Dan Brown signed an affidavit

Blythe Brown noted that, when she and Dan Brown were navigating their divorce, he signed an affidavit indicating that he was not working on any future projects when, in fact, he was well aware of several projects in the works. Attorneys working for Blythe Brown were able to access emails and other documents by subpoena that allegedly proves Dan Brown had several projects in progress at that time.

Dan Brown fires back

Brown has stated that one of the projects he was working on was self-funded, which is why he did not list it in the affidavit. He has lamented that his ex is trying to ruin his career because his success contributed to the demise of their marriage. It can take weeks, sometimes months or years for a family court judge to sort through evidence and make decisions when one spouse accuses the other of hiding assets. To protect financial interests, it is always best to act alongside an experienced family law attorney in court.