Michael J. Stein Burlington County Family Law and Divorce Attorney2026-08-10T10:49:06Zhttps://www.southjerseydivorcelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502859/2022/04/cropped-site-icon-32x32.pngOn Behalf of Michael J. Stein Attorney At Law<![CDATA[Who keeps the ring in a divorce?]]>https://www.southjerseydivorcelaw.com/?p=2530352026-08-10T10:49:06Z2026-08-10T10:49:06ZWhen a couple ends their relationship, if one person has been given an engagement ring, it can often become a point of contention. For one thing, it is symbolic, and the relationship is ending. But for another, it can be very expensive. After all, engagement rings average over $5,000, so they are a very valuable asset, especially for a young couple.Who gets to keep that ring, however, really just depends on when it was given and the status of the relationship when it comes to a close. Often, the courts see the ring as a conditional gift.
What is the condition?
Under this perspective, the ring is only being given to the recipient under the condition that they agree to get married. One person proposes, the other person says yes, and the ring changes hands.If that person then breaks the engagement off before getting married, they have not fulfilled that condition. They typically have to give the ring back because it is still owned by the person who gave it to them.However, once a couple gets married, the condition has been satisfied. This can feel frustrating to the person who gave the ring as they go through a divorce, especially if it was initiated by their partner. But because the ring is a conditional gift, it may now be owned by their spouse, even though they are not the one who initially purchased it.
Dividing complicated assets
During a divorce, addressing wedding rings and engagement rings can be complex, and there are many other complicated assets to consider. Couples need to determine the difference between marital and separate assets, which can affect how they are split up during property division. At this time, it can help to work with an experienced divorce attorney to explore all potential options.
]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Can one parent’s limited involvement affect custody rights?]]>https://www.southjerseydivorcelaw.com/?p=2530322026-08-05T03:52:30Z2026-08-05T05:00:39ZHow reduced participation could change parenting time
Limited involvement can affect custody rights, but courts weigh it with the other statutory factors. A judge generally considers the length of the parent’s absence. Sporadic contact could support more structure, while a long absence may favor the child’s established home routine. The effects could include:
Equal time may become less likely. A parent who misses visits may receive fewer overnight stays.
Visits sometimes become more structured. The order might set times, exchange terms or a gradual schedule.
Primary residence could remain stable. A judge could keep the child mainly with the parent who manages daily needs.
Decision-making rights may continue. Reduced contact alone rarely removes joint authority over health or education.
These rights often serve different functions. Available custody arrangements may include joint custody, sole custody with appropriate parenting time or another arrangement that serves the child’s best interests. In New Jersey, updated law guides that choice by making a child’s physical and emotional welfare paramount.
The parent’s daily involvement may show which arrangement would provide greater stability. A judge could examine who attends conferences, schedules appointments and responds to messages. Months of one parent handling those needs may establish a routine that the court might hesitate to disrupt.
Why careful preparation matters
Custody disputes often rely on records rather than claims about commitment. Calendars and school or medical records may show each parent’s role.
An attorney can review that evidence to assess how each parent’s conduct relates to the current order and governing custody factors. That guidance may help you seek a practical arrangement that protects continuity and addresses safety concerns.]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Divorce: Am I obligated to share my stock/dividend holdings?]]>https://www.southjerseydivorcelaw.com/?p=2530292026-08-02T15:19:42Z2026-08-02T15:19:42ZWhen are stocks considered marital property?
New Jersey follows the principle of equitable distribution, meaning marital property is divided fairly, though not always equally. In general, stocks purchased during the marriage with marital income are considered marital assets, no matter whose name is on the account.
Stocks acquired before the marriage, through an inheritance or as a gift to one spouse are usually separate property. However, if those investments are commingled with marital funds or both spouses contribute to their growth, some or all of their value may become subject to equitable distribution.
What about dividends?
Dividends are treated according to the ownership of the underlying stock. If the stock is marital property, dividends earned during the marriage are usually included in the marital estate.
Even dividends from separate property may become subject to division if they were regularly deposited into a joint account, reinvested using marital funds or otherwise commingled with marital assets. Every situation is fact-specific, making financial records especially important.
Full financial disclosure matters
New Jersey courts require both spouses to provide complete and accurate financial disclosures during divorce. This includes investment accounts and all other financial assets. Failing to disclose investments can result in legal consequences such as court sanctions and an unequal property award.
If you have questions about how stocks or dividends may be treated in your New Jersey divorce, speaking with a legal professional can help you understand your rights, protect your financial interests and work toward a fair property division.]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Understanding grandparents’ visitation rights in New Jersey]]>https://www.southjerseydivorcelaw.com/?p=2530282026-07-21T19:46:19Z2026-07-21T19:46:19ZMaintaining a strong bond with grandchildren is a vital part of family life, yet many grandparents face heartbreak when a divorce or family conflict limits their time. New Jersey law recognizes these unique bonds while balancing the rights of parents.
Meeting the burden of proof
State law requires grandparents to prove that denying visitation would cause physical or emotional harm to the child. This legal standard is high because parents usually decide who sees their children; you must show that a deep relationship existed before the family conflict occurred.Proving harm involves looking at pastvisitation schedules and your shared history to show you provided emotional calm during transitions. Showing this connection is vital for the success of your claim.
Factors for court reviews
If a grandparent proves that denying visitation would harm the child, the court evaluates the child's best interests. Judges review several factors under state law to determine the best outcome:
Relationship between the child and the applicant
Relationship between each parent and the applicant
Time since the child last had contact
Good faith of the applicant
History of physical or emotional abuse or neglect
Other factors about the child's best interests
These factors help determine ifvisitation rights serve the child's well-being. Evidence of emotional support often helps show that the child needs you in their life.
Balancing parental rights and child welfare
Courts weigh parental rights against the likely benefits of grandparent contact. New Jersey law respects the rights of fit parents. Grandparents must prove the child would suffer harm without these visits to overcome the parent's choice.
Reaching a solution through mediation
Mediation provides a less stressful way to settle these sensitive family disputes to create custom plans that respect everyone's needs. This joint approach focuses on the child's happiness rather than legal conflict.
Legal guidance for family matters
Protecting your relationship with your grandchildren is a deeply personal journey, but state rules for visitation can help restore family harmony. A lawyer can explain your legal options and guide you through the entire process of your claim needs to protect your rights.
]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Tips on protecting your estate plan during gray divorce]]>https://www.southjerseydivorcelaw.com/?p=2530272026-07-20T07:28:38Z2026-07-20T07:28:38ZA gray divorce can reshape your financial future, especially after decades of marriage. By this stage of life, many couples have accumulated retirement savings, real estate, investment accounts, and other valuable assets that deserve careful planning.
If you are going through a New Jersey gray divorce, your estate plan should be reviewed alongside the divorce process. Updating important documents now can help ensure your wishes are carried out and reduce the risk of unintended outcomes later.
Update your estate planning documents
Review your will, financial power of attorney, health care directive, and any other estate planning documents. If your spouse is named to make financial or medical decisions, those appointments may no longer reflect your wishes. Replacing outdated appointments with trusted individuals can provide greater peace of mind.
Review beneficiary designations
Many assets transfer directly to named beneficiaries instead of through a will. Retirement accounts, life insurance policies, and transfer on death accounts should all be examined after a gray divorce. If an outdated beneficiary designation remains in place, those assets could pass in ways you did not intend.
Confirm ownership of property
Real estate ownership should also be reviewed carefully. Even if property division has been completed, verify that deeds and ownership records have been updated to match the settlement. Leaving property titled jointly could create unexpected consequences if ownership documents are not changed.
Create a new estate plan if necessary
A gray divorce often marks the beginning of a new chapter. It may be the right time to create a new estate plan that reflects your current goals, family relationships, and financial priorities. This review should also include insurance policies, long-term care planning, and other important financial arrangements.
Keep family communication in mind
If you make significant changes to your estate plan, consider whether discussing those decisions with family members could reduce future conflict. In some situations, explaining that the decision was carefully considered and based on current needs or priorities may help avoid misunderstandings. Every family dynamic is different, so thoughtful communication may be beneficial.Protecting your estate during gray divorce involves more than dividing assets. If you are navigating a New Jersey gray divorce, seek legal guidance to review your estate planning documents and protect your long term interests.]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Addressing a financed vehicle in a New Jersey divorce]]>https://www.southjerseydivorcelaw.com/?p=2530262026-06-30T23:57:50Z2026-06-30T23:57:50ZCreative solutions may be necessary
A financed vehicle is not just an asset worth a set amount of money. It also represents a shared debt. Even when only one spouse has their name on the loan paperwork, if the debt originated during the marriage, both spouses may share a responsibility for it. Under equitable distribution rules, spouses must address the equity and the debt they owe on the vehicle.
Spouses can agree to have one person refinance the vehicle loan and assume ownership of the vehicle as part of the divorce. In some cases, such as when a parent relies on that vehicle for caregiving responsibilities, the spouse who does not retain the vehicle may sometimes continue to assist with payments or share responsibility for the loan.
Spouses can create whatever arrangements they believe are fair. If spouses cannot agree on terms, then they may need to litigate in family court.
Having realistic goals for priority assets is important for people preparing for property division negotiations. Spouses who set clear priorities are less likely to make emotionally-focused mistakes during property division that can affect them for years to come.]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Can you stop child support if visitation is denied?]]>https://www.southjerseydivorcelaw.com/?p=2530242026-06-24T07:49:44Z2026-06-24T07:49:44ZWhy does the court treat these issues separately?
According to precedent set by Martinetti v. Hickman, child support is a right that belongs to the child, not the other parent. Parenting time protects the relationship between a child and each parent.
Because these issues serve different purposes, one parent's actions do not change the other parent's support obligation. Even if the other parent violates a court order, you must continue making support payments unless the court approves a change.
What can you do if the other parent denies visitation?
Family courts have several tools available to address repeated violations of parenting time orders. If the other parent repeatedly ignores a court order, you can ask the court for help. You may be able to:
File a motion to enforce the parenting plan
Request make-up parenting time
Ask the court to modify the custody arrangement
Seek other remedies for ongoing violations
These options can help you protect your relationship with your child and enforce parenting time rights. Similar issues often arise in disputes involving child custody and parenting time.
Use the court system to resolve disputes
Do not stop child support payments without court approval. Doing so can lead to wage garnishment, license suspension and other penalties.
Court orders remain in effect until a judge modifies them. If parenting time problems continue, keep records of missed visits and save any messages or other communication with the other parent. These records may help support a request to enforce or modify an existing order. Addressing the issue through the court system can help protect your relationship with your child while keeping you in compliance with your support obligations as a noncustodial parent.]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[What to do when your ex stops paying alimony in NJ]]>https://www.southjerseydivorcelaw.com/?p=2530222026-06-23T16:27:43Z2026-06-23T16:21:26ZNew Jersey law provides specific legal tools to enforce these orders and collect the support that the obligor owes you.
When alimony payments stop
Missing even one alimony payment violates a court order. A single late payment may be an oversight, but you must address a pattern of non-payment promptly. The paying spouse, known as the obligor, cannot unilaterally decide to stop payments. Even external circumstances, such as job loss or a change in income, do not excuse non-payment unless the court formally modifies the order. Ignoring the court order can lead to serious consequences, making swift action necessary to prevent arrears from accumulating.
Legal options for alimony enforcement
Should your former spouse fail to adhere to the alimony order, you can petition the court by filing an enforcement motion. This action asks a judge to step in and enforce the terms of your divorce decree. A judge has several methods to compel payment:
Ordering the payment of all overdue amounts, often with interest
Garnishing wages, tax refunds, or other sources of income
Seizing assets, such as bank accounts or property
Requiring the sale of assets to satisfy the debt
Suspending a driver’s license or professional license
These legal tools help secure the payment of court-ordered support.
The importance of timely legal advice
Working within the court system to enforce an alimony order involves specific procedures and deadlines. An error in filing can cause delays that worsen your financial situation. Presenting a clear case to the judge improves the chance of a successful outcome. A family law attorney who is familiar with spousal support can explain the path forward to secure the financial support you rely on.]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[Modifying a child custody order: when is it possible?]]>https://www.southjerseydivorcelaw.com/?p=2530202026-06-21T10:04:57Z2026-06-21T10:04:57ZWhen deciding child custody, courts focus on the child's best interests. Custody arrangements are designed to provide stability for children and outline expectations for parents.
However, life is always in a state of change, such as if a parent needs to relocate, receives a new job opportunity or experiences health issues. If something happens in your life that affects your ability to care for a child, can you change the custody arrangements?
What qualifies as a significant change?
Stability is essential to a child’s well-being, so courts generally don’t modify custody orders simply because a parent isn't happy with the current arrangement. The parent requesting the change must demonstrate that there has been a substantial change in circumstances since the original order was issued.There is no single event that automatically justifies a custody modification. Instead, courts evaluate each case. Reasons that may warrant a review of the current custody order include:
A parent relocating a significant distance away
A parent has left the military and is now working a civilian job
Concerns about a child’s physical or emotional well-being
Evidence of substance abuse or domestic violence
Significant changes in a child’s medical, developmental or educational needs
A parent’s serious illness
If the court finds that a significant change has occurred, it will then determine whether modifying the custody arrangement would better serve the child’s best interests.A parent seeking a custody modification must submit a formal request to the court, along with evidence that demonstrates:
A substantial change in circumstances has occurred
A modification is in the child’s best interests
Documentation can help strengthen your case and may include:
School and medical records
Communication records between parents
Police reports or court records
Parenting time logs
Depending on the circumstances, the court may order mediation, request a custody evaluation or hold a hearing.Child custody modification cases can be emotionally challenging and legally complex. Your best chance for a positive outcome requires the help of someone who can evaluate your situation, explain your options and help you present evidence that supports your request and your child’s best interests.
]]>On Behalf of Michael J. Stein Attorney At Law<![CDATA[When should you have the divorce conversation with your kids?]]>https://www.southjerseydivorcelaw.com/?p=2530182026-06-15T16:52:02Z2026-06-15T16:46:59ZYou and your spouse may have been talking about divorce for a while. Maybe it has been something that you have discussed for months or even years as you ran into different issues within the relationship.
At some point, because you are parents, you know that you are going to have to sit down and have this conversation with your children. But when is the right time? When should you actually bring up such a sensitive topic with the kids?
When you are 100% sure
First and foremost, while you and your spouse certainly may discuss whether you want to get a divorce or what the future looks like, you do not need to involve your kids in all of these conversations. You should only talk to them about divorce when you are fully confident that it is definitely going to happen. You do need to talk to them to prepare them for what the future holds, but you do not need to give them any additional stress and anxiety by bringing the subject up before you are sure.
Find an opportune time
Additionally, you should try to avoid major events in their lives. Do not tell them you are going to be getting a divorce near their birthday, the holidays or important events like exams or graduation from school. Do not bring up divorce during an argument or a disagreement. Instead, try to find a low-stress time when you can have an honest conversation with them about what the future looks like.
Focusing on child custody rights
If your children are minors, determining your legal and physical child custody rights will be one of the most important parts of your divorce. You must know what legal options you have in order to protect your future.]]>