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custody Tag

But The Engagement Ring Is a Family Heirloom!

Is an heirloom engagement ring to be returned in a divorce?

The law in New Jersey is clear; an engagement ring given to a spouse PRIOR to the wedding is a gift in contemplation of marriage and is, therefore, NOT a marital asset subject to equitable distribution. In plain English, the engagement ring belongs to the recipient and the “giver” has no legal right to get it back nor to receive any value for it. So, what happens when someone gives his/her spouse an engagement ring that is a family heirloom, was his/her mother’s or grandmother’s ring, or has a diamond(s) in it that came from his/her mother or grandmother or...

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How to Resolve Child Custody Disputes

Resolving child custody issues

In the midst of divorce, clients tell me they want custody of their children. I then engage in a discussion that includes, “In 99.99% of the cases neither parent gets custody of their children to the exclusion of the other parent.” Unless a parent is so mentally incapacitated that he or she can’t parent their children, the parents under NJ law share custody in some fashion. What must be done is to come up with a parenting plan that is in the children’s best interest (the standard in NJ) and which meets, as much as possible, each parent’s desire to...

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