NJ Courts: Mercer County Courthouse and facilities will be closed Thurs., Feb. 6. Court events and operations will proceed remotely. More info: njcourts.gov
As the weather progresses this evening it is possible more NJ courts will have delayed openings or switch to virtual proceedings. Communicate with your attorney to determine how to proceed.
As if getting divorced, isn’t stressful enough, this time of year as additional factors situations that must be considered. Most notably, parties must determine how they the file their taxes. First, let me say that I am not a tax professional, and cannot give my clients tax advice, and I will not provide any tax advice in this post. I strongly advise anyone to consult with an experienced tax profession if you at any stage of the divorce process.
Generally speaking, it is advisable for parties to file a joint return when allowed as there are advantageous built into the tax code that are not available under the alternative filing designations. A joint return is permissible for any year in which you were married at the end of the calendar year. This means that if a Complaint for Divorce was filed in 2022 but your case was not finalized in 2022 you can still file a joint return. Should the divorce be finalized in 2023, you can no longer file a joint return.
It is important that you are aware of and understand the information being supplied on a joint return. Do not simply sign a return that is presented to you as you can be held liable for any violations of state and federal tax codes.
Post-divorce it is important that your tax filings comport with any provisions of your settlement agreement or judicial determination as to who can claim the children, who is responsible for taxes on the sale of the marital residence or the transfer of other assets. You may find yourself responsible for filing your own taxes for the first time in a long time after your divorce. Begin the process early and work with your tax professional to make sure they are done correctly.
Divorce is complicated. Taxes are complicated. Working with both an experienced matrimonial attorney and a skilled tax professional can be invaluable.
The holidays are over and we can all take a deep breath as life begins to get back to normal. If you are divorced or separated with minor children, the holidays can bring new and unexpected complications for all concerned.
At The Durst Firm we proactively try to anticipate the needs of our clients and the children for the holidays. Having a clear and fair schedule in place can go a long way to making sure that everyone’s expectations can be reasonably met, that plans can be made and each parent has time with the children on these special occasions.
If the holiday parenting time did not meet your expectations or if you feel changes to the arrangement are needed, now is the time to act. Don’t let another holiday season come and ago without seeking the modifications you feel are needed.
The Superbowl is a few weeks away. While most people can enjoy the game with family and friends, some cannot. Whether fueled by alcohol, gambling, or other factors, statistics sadly show that the domestic violence escalates around this time.
If you find yourself to be the victim of domestic violence at any time, take immediate measures to promote your safety and that of any minor children. Call the police if necessary. Domestic violence complaints can me made at your local police station at any time of day and at your local courthouse during normal business hours.
Whether you are the victim of domestic violence or the alleged abuser, The Durst Firm is here to help.
It’s heartbreaking to be sitting here in NJ watching the devastation taking place in Los Angeles, CA. The catastrophe is causing unimaginable chaos for the affected families and individuals.
Scenarios such as this cause us to think about how we would respond, think about what’s truly important and what we may need to secure and safeguard in order to rebuild a life.
In the context of family law, protecting your family is the first and foremost concern. If you are separated from the other parent, stay in contact and provide updates when it’s safe to do so. See if the other parent can provide safe, temporary housing for the children. Work with one another on schooling, child support, and emotional support for the children during and after disaster strikes.
Safeguard your paperwork. We suggest to our clients that they keep hard copies of documents such as Judgements of Divorce, Restraining Orders, birth certificates, and the like in a secure location and also save them electronically. We also maintain digital copies for our clients. These documents may prove necessary to maintain protection from abuse, enroll children on school or obtain medical treatment for them. Keeping these records together in a secure location will make it all the more easier to locate them and take them with you should the need arise.
We fight so you don’t have to
