The Durst Firm

If you have a restraining order entered against you, whether it be a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO) it goes without saying that life gets complicated. Routine events and occasions call for diligent planning so as to avoid violating the terms of your restraining order.

This time of year is full of “family” events: proms, graduations, weddings, and first communions to name few. It is understandable that as a parent you would want to attend these events as they may involve your children or other family members and friends. However, attending can present a significant legal risk. Your attendance at a location where the other party will also be could result in a violation of your restraining order. Violations carry their own consequences which can include jail time. Don’t assume that the other party will be understanding or that your “legitimate” reason for you wanting to be there will be a defense.

At The Durst Firm, we have frequently dealt with this very situation. We have been successful in developing and implementing arrangements that allow for the defendant’s ability to attend these milestone events. If you have questions or concerns about what’s allowed under the terms of your restraining order, contact us for assistance.

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.