FREE Initial Consultation: 973-857-1800
25 Pompton Ave Suite 101
Verona, NJ 07044
No matter how simple or complex the issues surrounding your relationship may be, a divorce is an ordeal for everyone involved. Harry J. Herz, Attorney at Law, is dedicated to helping individuals and families through the painful process of divorce.
Harry J. Herz, an experienced divorce attorney, assists clients in completing the legal steps involved in:
• Simple divorce. If you and your divorcing spouse have no major issues involving assets or children to resolve, a divorce can proceed relatively easily, quickly and with a minimum of expense.
• Complex divorce. If you have complex assets, family business interests or children, your divorce may be more difficult to resolve. Nevertheless, Mr. Herz can help you untie the financial and personal knots in a negotiation, mediation or in court.
• Annulments. You may have personal, religious, or financial reasons for choosing to annul your marriage. Mr. Herz can advise you as to your legal options for annulment.
A negotiated settlement is usually less expensive for both parties than a trial. Mr. Herz will advocate strongly on your behalf in an effort to amicably settle your case. However, he is also an experienced trial lawyer who will vigorously pursue your interests in court if litigation is required.
Attorney Herz cares about his clients. He cares about how their lives will proceed after their time in the legal process. He will take the time to understand your legal issue, your values, and your goals while seeking a resolution that is both rational and productive for you and your family.
Not maintaining a united front for the sake of the children. Although divorce does not always damage children, it usually does when they are caught in the crossfire of their parents’ hostility. It hurts just to stand on the sidelines and watch parents trade shots. It hurts even more when parents enlist children as allies in the battle. It hurts the most when one parent engages in a systematic campaign to turn the children against the other parent.
Not keeping accurate records of child support and alimony payments. It is imperative that you keep proof of each and every support payment that you make, whether a receipt or a copy of your check or money order. If you do not keep records of all of your support payments, you may have to make duplicate payments.
Not realizing the possible benefits of paying alimony. Many people seek to avoid paying alimony to their spouse at all costs after the divorce is final. However, paying alimony instead of child support or to decrease a distribution of property can be financially beneficial to the payer. Alimony is tax-deductible to the payer and must be declared as income by the recipient.
Being unaware of the extent of your assets and liabilities. Clients often have no idea where their spouse’s paychecks have been going, the approximate value of their assets or even what specific assets they own. It is most important to know the nature and extent of your assets and liabilities.
Not considering the value of retirement assets. Many clients believe that their spouse’s pension is of minimal value because it does not generate a large monthly payment. Keep in mind that the present value of a pension can be enormous even if the future monthly payment is modest.
Not providing for insurance to cover periodic payments. If you receive alimony, child support or payments from a retirement plan, your spouse should be required to maintain life insurance to cover all future payments. If not, those payments will cease upon the death of your spouse. It is also possible for you to purchase your own life insurance on your future ex-spouse to ensure that you are protected in the event he or she dies and those payments cease.
Placing separate property in both parties’ names. If you want to keep a gift, inheritance or pre-marital asset separate, keep the title in your name alone and do not use marital funds to maintain the asset or commingle marital funds with separate funds. For instance, if you place title to real estate or other similar property in your spouse’s name, half of the asset could be considered a gift to your spouse.
Arguing over insignificant issues or items. It is usually not cost-effective for your attorneys to argue over items such as kitchen accessories or holiday decorations. However, as people tend to be emotionally attached to these items, I have seen agreements unravel when parties discuss who will receive Aunt Annie’s jewelry or Uncle Tom’s watch. There are many ways to handle this issue. For example, you can divide property using an “alternate pick” arrangement, where each of you takes a turn selecting an item of personal property.
Taking advice from friends. If you speak with enough people, you will learn that everyone pays a different amount for child support, everyone receives or pays a different amount of alimony and everyone got more or less parenting time than you received. The fact is that child support is calculated based on a formula devised by the New Jersey legislature known as the child support guidelines and the amount depends on the income of each party, the amount of alimony paid, etc. Regarding child support and alimony, each case is fact-sensitive.
Staying too long with the wrong attorney. If your attorney is not communicating with you, is not giving you reasonable advice, is not accessible or does not provide you with personal attention, find a new attorney sooner, rather than later. It may be difficult to change attorneys late in the case, as the judge may have to approve your request. If you are not getting clear explanations from your attorney, or if he or she is not responding to your calls or not following your directions, schedule an appointment to discuss your concerns. When choosing an attorney, keep in mind that, as you and your attorney will be spending a great deal of time together during an extremely intimate and exhausting process, you should feel comfortable with that person.
These are only opinions and certainly exceptions may apply.