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James McGlew II

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Do You Have to Be Separated Before Filing for Divorce in New Jersey?

One of the most common misconceptions about divorce is the belief that spouses must live apart for a specific period of time before they file for divorce. In New Jersey, physical separation is not required before filing for divorce. While separation can be relevant in certain cases, it is not…

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Can I File for Divorce in New Jersey If I Was Married Somewhere Else?

One of the most common concerns people raise when considering divorce is whether the location of their marriage limits where they can file for divorce. This question often arises for couples who married out of state, married abroad, or relocated years after their wedding. This is an understandable concern that…

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Do Most Divorce Cases Go to Trial in New Jersey?

Many people contemplating divorce assume that to separate from their spouse they will need to participate in a courtroom trial. The thought of a “divorce trial” is often reinforced by television, social media, and stories passed down from prior generations. In reality this is no longer how divorce works in…

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Common Divorce Myths in New Jersey: What the Law Really Says

When someone is considering divorce, misinformation often creates unnecessary fear. Social media, online forums, and well-meaning friends frequently repeat outdated or incorrect assumptions about how divorce works in New Jersey. The result is confusion, increased anxiety, and poor decision-making at a time when clarity matters most. Over the past several…

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How “Final” is a Final Restraining Order?

Since its’ passage in 1991, the Prevention of Domestic Violence Act or “PDVA” has afforded protection to New Jersey residents who have been the victim of domestic violence. The PDVA has been amended and interpreted on countless occasions over the years and is one of the most strict and protective…

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How Will My Divorce Matter Be Affected If My Spouse Is Not Employed?

In all divorce matters where alimony or child support is an issue, the income or earning capacity of the parties needs to be determined. If you and your spouse are employed on a full-time basis your annual income can be easily determined. However, if you or your spouse are unemployed…

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Children’s Bill of Rights During NJ Divorce

In many divorce cases, the most contentious issues are those regarding the parties’ children. The issues of physical custody, time sharing or visitation, extra-curricular activities, religious education and the cost for college education are routinely in dispute. Often, well-intentioned parents insist that their proposed resolution on these issues is best.…