New Jersey Family Law Blog

Dividing a Family Business in a Divorce

October 7, 2026 | Kearns Rotolo Law

There are several options for dividing a family business in a divorce, but certain determinations must be made first, namely the type of property the business is considered and the net value of that business.

Businesses started during a marriage are considered marital property. In New Jersey, such businesses can be divided like all other marital assets according to the state’s equitable distribution laws. On the other hand, businesses started before the marriage may be considered separate property and may be excluded from equitable distribution; however, any appreciation of such businesses directly attributed to the efforts or contributions of the spouse who married into the business is subject to the state’s equitable distribution laws. Equitable distribution laws allow for the fair, but not necessarily equal, distribution of marital assets. New Jersey considers one spouse’s efforts to take care of the family or support the household while the other spouse grows the business as contributing to the appreciation of that business. This concept is known as the “marital enterprise.”

Once the type of property is determined, separate or marital, the next step is to establish the business’ total value together with the value of the marital portion of the business. New Jersey applies the fair value standard as opposed to the fair market value. The fair value omits discounts for lack of control or marketability.

6 Common Mistakes People Make When Divorcing

August 31, 2026 | Kearns Rotolo Law

No matter how warranted the grounds, divorce is hard on everyone. And while each divorce is as unique as the individuals involved, mistakes made along the way can make the process even more difficult. Here are six of the most common mistakes couples make when divorcing.

Letting emotions cloud their judgement – Divorce dredges up a range of emotions: sadness, anger, betrayal, fear. While these emotions are normal, letting them get in the way of the decision-making process can have a negative impact later for you and your children.
Failing to keep communications open – A failure to communicate and an unwillingness to compromise can lead to lengthy legal battles that will prolong the process and significantly affect the cost of your divorce.

Dividing Assets – and Debts – In A Divorce

July 7, 2026 | Kearns Rotolo Law

New Jersey is an equitable distribution state, meaning simply that the courts seek a fair, although not necessarily equal, distribution of a couple’s assets and debts in a divorce. First, though, the assets and debts must be categorized as either marital property or separate property.

Essentially, marital property are assets acquired during the marriage. New Jersey defines that period as beginning on the day of the wedding and ending the day a spouse files for divorce. Marital assets typically include but are not limited to:

Income from either spouse

The Challenges of Relocating with Children After Divorce

June 19, 2026 | Kearns Rotolo Law

Moving ranks among the 10 most stressful life events. When that event follows a divorce (another highly ranked stressor) and that divorce involves children, relocating brings a new set of challenges.

Relocation, particularly out-of-state moves, can:

make previously negotiated parenting or visitation plans obsolete;

Grandparents’ Rights Are Not Automatic

May 7, 2026 | Kearns Rotolo Law

When the core of a nuclear family changes, either through divorce, death, or other means, it is not only the parents and child who face major adjustments, but also the extended family, including grandparents. Grandparents may have many privileges, but they have no automatic rights when it comes to visitation or custody of their grandchildren. In other words, the surviving or custodial parent or legal guardian can grant or deny grandparents contact with their grandchildren.

When relationships between parents and grandparents become contentious and the latter are denied access to their grandchildren, they can petition the court for visitation rights. The onus, however, is on the grandparents to prove that visitation with their grandchild is in that child’s best interest.

In New Jersey, courts seek to balance the constitutional right of parents to raise their children without governmental interference with the best interests of the child. In doing this, courts will look at the following when considering a grandparent’s petition for visitation:

The Difference Between Uncontested and Contested Divorce

April 9, 2026 | Kearns Rotolo Law

Divorces can be uncontested or contested. The differences between the two can impact your timeline, cost, and control of the outcome.

Uncontested Divorce

In an uncontested divorce, both parties agree on all related issues, such as custody and parenting time, child and spousal support, and distribution of assets. The process requires the filing of a written settlement, known as a property settlement agreement or marital settlement agreement, signed by both parties.

Modifying Your Child Support Order

March 16, 2026 | Kearns Rotolo Law

Typically, child support is determined in conjunction with the end of the parents’ relationship. A mathematical formula under the New Jersey Child Support Guidelines is used to calculate the amount of the support obligation, taking into account such factors as each parent’s income, the basic cost related to raising the child or children, and the amount of parenting time each has with their offspring. Over time, however, circumstances change and so can support obligations.

Child support is a court-ordered obligation and commonly enforced through payroll withholdings. These orders are reviewed every two years by the NJ Probation Department and can be adjusted at that time to meet cost of living changes. Additional adjustments can be requested by either parent when there is a substantial permanent change in circumstances that would affect the need of the receiving parent or the ability of the paying parent to meet their obligation. Examples of circumstances that could warrant a change in child support orders include:

the loss of a parent’s job

Child Support in New Jersey: How Parents’ Financial Obligations Are Determined

February 11, 2026 | Kearns Rotolo Law

Parents’ financial obligations to their children don’t end simply because they separate. Child support is designed to ensure the essential expenses—food, clothing, housing, transportation—of raising children continue to be met. Additional expenses, like health insurance premiums, extraordinary medical care, and work-related childcare, may also be included, if needed. Determining each parent’s share of these obligations is based on several factors: income, parenting time, number and ages of children.

How Income and Parenting Time Play A Role

The percentage each parent contributes to the family’s combined net income is a major consideration when calculating child support. For example, if one parent earns 40% of the combined income and the other earns 60%, their individual child support obligation would be impacted by this. One parent’s receipt of alimony from the other parent would require adjustment of these percentages. Be aware, though, that a parent who is unemployed or under-employed by choice is not exempt from their child support obligation; rather their share of this obligation can be based on their potential earning capacity.

What Are the Alternatives When Divorce Is Not Yet the Answer?

January 12, 2026 | Kearns Rotolo Law

Divorce is the legal termination of a marriage and because it is final, it is not the answer for every couple facing marital strife. At least not the immediate answer. Instead, what some couples need is a cooling off period—some time when they can step back and assess whether their marriage is one that can be saved and, if so, how to go about doing that.

There are several reasons why a couple might hesitate to file for divorce:

They are worried about how it will impact the children

What Is ‘Default Parent Syndrome’ and Why Does It Lead to Divorce?

October 21, 2025 | Kearns Rotolo Law

“Default Parent Syndrome” happens when one parent takes on the role of primary caregiver and household manager. Often, this role goes beyond everyday chores, like packing lunches and checking homework, to anticipating everyone’s needs before those needs even arise. At this point, the role that can become overwhelming and lead to the breakdown of relationships.

Today there seems to be an increase in ‘default parent divorce’ spurred, in part, by the fact that many mothers – the typical ‘default parent’ – now try to balance this role with their careers. The financial independence they’ve achieved through their careers opens more options for them. But divorce doesn’t have to be the answer. To learn more about ‘default parent syndrome,’ how it can damage relationships between partners, and what can be done to fix that damage, read “’Default Parent Divorce’ Is On The Rise – & It’s About A Lot More Than Chores.”