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Articles Posted in Divorce

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Choosing an attorney for your divorce is a complicated decision, and one not to be made lightly. You want an attorney with impeccable credentials and a caring personality who isn’t afraid to deal with unpleasant issues. Until you meet with one of the best divorce lawyers in NJ for a free initial consultation, you won’t know if you’re making the right choice.

Why a consultation is Important

Not all attorneys offer a free initial consultation in office. They begin charging you from the first moment you meet However, you don’t want to select an attorney just based on research. Choosing a divorce lawyer is a personal decision. Just because Attorney A was great for your friend, it doesn’t mean he will be right for you. Personalities may not match or he may not offer you the solution you want.

When you sit down with Peter Van Aulen for a free initial consultation, he will listen to you tell the details of your case. He won’t make snap judgments or provide recommendations until he understands your situation. He doesn’t have a set method of dealing with divorce cases but provides legal counsel that is unique to each client. Peter Van Aulen understands that psychological and emotional circumstances play a part in each case and must be taken into account when creating a case.

A Passionate Defender

When an attorney offers a free initial consultation in office, he’s telling you he takes a strong interest in each case. He’s not just looking to add another win to his resume or to make more money. He is selective about his cases and only chooses those he feels will benefit from his knowledge. Peter Van Aulen will work with you to form a powerful strategy to meet your goals. He is confident in his ability to represent you, and he wants you to feel the same sense of trust in him. Continue Reading →

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If you’re at the point in your divorce where it’s time to make decisions and negotiate a settlement, you’ll need some pointers to help you reach your goals.  Here are some tips for negotiating the best result from your divorce.

Goal setting

Prior to a negotiation meeting, list your goals – a general overall goal, such as “do what’s best for my children,” “make sure I have a place to live,” and “ensure I can retire at a reasonable age,” as well as more specific goals on each issue, like “I want to pay less than $1,000 per month in spousal support” or “I want a 10/4 parenting time schedule.”  Your smaller goals are just guideposts and may move throughout the negotiation. Keep your big picture in mind and be flexible with your smaller, more specific goals.  This way of thinking helps you compromise on non-core issues and hold firm on matters central to your overall, primary goal.

Think long-term to avoid settler’s remorse

To illustrate this tip, let’s say you are a long-term stay-at-home mom and you want primary custody of your children. However, you know your husband won’t agree because he wants to pay as little as possible in child support. You want to propose that you’ll take less in child support if he will agree to your custody proposal. It may be tempting to give in on an issue in order to do what you think is best for your children. Before you give in too quickly, hold out a bit, stand firm, or fight back. Generally, given the circumstances above, you should receive primary custody and child support. Keep in mind that child support is financial support for your children and they need that, too, as much, if not more than time with you. Concede on points that don’t matter to the big picture and dig in on issues that have a big impact on your long-term goals. Continue Reading →

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New Jersey has no action for separation for married couples. Instead, there is an action for “divorce from bed and board” which does everything a divorce action does, but leaves the parties married. These actions are based on exactly the same grounds as those for absolute divorce. If both parties are not in agreement to obtain a judgment of this type, it cannot happen. Also, either party may seek to convert these judgments to a judgment for absolute divorce at a later date.

Separation Agreement versus Divorce from Bed and Board

 A separation agreement allows the parties to control how all assets and debts are shared, to determine custodial arrangements as well as child support and alimony decisions. In an action for divorce from bed and board, a judge makes those decisions.

A separation agreement, quite simply is not a court order and can be enforced under contract law only. A judgment of the court can be enforced as a court order. Continue Reading →

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New Jersey has a set of statutes on the specific requirements of NJ prenuptial and pre-civil union agreements and enforcement of them, referred to as the Uniform Pre-Marital and Pre-Civil Union Act. The details begin at N.J.S.A. 37.2-31 and continuing thereafter.

The Purpose: Protection

Prenuptial and pre-civil union agreements set the rights and obligations of each party to the partnership, and each other, with regard to both existing and future property ownership, financial obligations and the overall financial relationship between the parties. These Agreements create a relationship that can waive existing rights and add additional rights. For example, the rights of a spouse to a portion of the estate of their deceased spouse can be waived in these Agreements with other arrangements being made instead. This is often important when there are multiple marriages and children to be protected from prior relationships.

What Will Make A NJ Prenuptial Agreement Fail

In consideration of having a prenuptial agreement drafted, it is beneficial to know what action or inaction can make it fail. The Act itself includes not just the requirements, but what it takes to set aside or have the Agreement declared unenforceable, their case will be based on any or all of the following failures: Continue Reading →

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Although New Jersey became a “no-fault” state in 2007, no-fault divorce was an addition to grounds based divorces, not an elimination grounds. There is now a choice whether to seek divorce on a no-fault or fault based grounds.

A fault based divorce gives no advantage on determinations of property division, child support or alimony.  As to child custody, unless the fault claims negatively impact the children, fault grounds provide no benefit in custody determinations, either.

No-Fault Divorce: Irreconcilable Differences

In New Jersey, the reference to “no-fault” divorce means that there are irreconcilable differences between the parties resulting in a breakdown of the marriage for at least six months. The parties need not be separated for any period of time whatsoever. Continue Reading →

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When your divorce is the result of a cheating spouse, it can often be difficult to accept. Too often, the faithful party accepts the blame and responsibility for their spouse’s infidelity. It’s important to recognize that cheating is a choice your spouse made. It was not your idea. You will ask yourself lots questions after your divorce. Why did he or she cheat? Does he or she feel bad about what they did? When is this terrible feeling going to end? Although most people ask these kinds of questions, they are not helpful to the healing process.

How to Begin the Healing Process

You want your life back, but accomplishing this takes some determined effort. You must accept that you are divorced, on your own, and responsible for your happiness. Take control of everyday responsibilities. If you have children, be sure they know they are safe and secure even though their time is shared between parents. Take a few small steps each day toward creating the new life you envision. Trying to win back a spouse is an emotionally unhealthy activity. Never use your children to try and make the ex-spouse feel guilty. If you have no children, there is absolutely no reason to have any association with your former spouse. It’s time to concentrate on building a life that is satisfying and rewarding.

Taking Control of Your Life

Some professionals say it can take six months to a year of recovery for each five years of marriage. Your divorce issues will not disappear overnight, but you can take control of your life immediately. One part of taking control includes allowing yourself time to grieve when anniversary, birthday, and other holiday celebrations arrive. You must get through them before you can move forward. There is no weakness involved in mourning a loss. It is healthier than getting up each day angry and spiteful. The first year of your divorce is a journey, and only you can decide what direction it will take. Your future is in your hands, don’t give it back to someone who has already moved on. Continue Reading →

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New Jersey legalized same-sex marriages in 2013 after a tumultuous start. Superior Court Judge Mary Jacobson ruled in September of that year that same-sex couples could marry. Not so fast, said Governor Chris Christie. He filed an appeal. The New Jersey Supreme Court allowed Jacobson’s ruling to stand pending the appellate process, and Governor Christie ultimately withdrew his appeal. Same-sex marriages became legal in the state effective October 21, 2013.

Same-sex couples are now granted the same rights and are held to the same responsibilities as heterosexual couples, so it might stand to reason that there should be no great difference when couples divorce. But same-sex marriages have some unique considerations.

When Same-Sex Spouses Have Children

When same-sex spouses adopt a child together, issues of custody fall into place much the same as for heterosexual couples. Frequently, however, one spouse is the child’s biological parent, and this can create a wrinkle. Ideally, the other parent will adopt the child similar to situations where a stepparent adopts. This can help cover all bases. Otherwise, the situation can become complex and may require the help of an attorney to advocate for the non-biological spouse’s parental rights. Continue Reading →

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Approximately one in three spouses — 31 percent, according to Business Insider — confess to lying to their partners about money. Whether this occurs before or after divorce begins looming on the horizon is unclear, but it’s safe to say that financial trust is not absolute in marriage. You might get away with concealing an asset or income while your marriage is healthy, but your financial dealings will come under a microscope when one spouse files for divorce.

The act of initiating divorce proceedings gives the court jurisdiction over your property. In other words, the judge has the final say regarding what happens to it. Even if you and your spouse reach a property settlement agreement, that agreement must be approved and signed off on by a judge before it is incorporated into a final judgment of divorce.

You might therefore think it’s OK to sweep an asset under the carpet in advance of filing for divorce, before the court takes jurisdiction. This can be a bad idea for a number of reasons. Continue Reading →

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Those receiving child support or alimony payments rely on that money to pay for their living expenses. Even if the person who pays those support payments (called the payor) always pays on time, a question arises of what will happen to the recipient of those funds in the event of the untimely death of the payor. Life insurance policies are useful in this situation, and are often required, to ensure that the support recipient will continue to receive adequate compensation if the payor dies.

Life Insurance and Alimony

In New Jersey, alimony payments are often secured so that there is a mechanism in place to cover the payments if the payor alimony dies. The rationale is that alimony is awarded because the recipient needs it, and the untimely death of the payor should not unduly affect the financial life of the support recipient.

Amount of Life Insurance Needed to Cover Alimony Payments

The amount of life insurance needed to secure alimony payments can be calculated by multiplying the payment amount by the duration of the alimony payments. Alimony is often ordered to be paid for a limited time rather the indefinitely, either for a set number of years or until a specific event occurs (remarriage of the supported spouse, for example). Since alimony is taxable, you need to deduct the amount of tax to determine the appropriate amount. Continue Reading →

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Arbitration is increasing in popularity in New Jersey divorce cases due to its ability to significantly reduce the cost and length of the legal process. New rules that were adopted in 2015 ensure that New Jersey courts are able to review and enforce arbitration awards in divorce cases.

COURT RULE 5:1-5 ARBITRATION

The New Jersey Supreme Court enacted a new rule, Court Rule 5:1-5 which provides rules for the arbitration of divorce matters. Adopted on September 1, 2015, Rule 5:1-5 applies to all agreements to arbitrate and consent orders to arbitrate any family law matter, with the following exceptions:

(a) the final judgment of annulment or dissolution of relationship;

(b) actions involving the Division of Child Protection and Permanency;

(c) domestic violence actions;

(d) juvenile delinquency actions;

(e) family crisis actions; and

(f) adoption actions.

SOURCE OF RULE 5:1-5 – FAWZY V. FAWZY
Continue Reading →

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