MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.

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For many people, the holidays are a time of family gatherings and happy memories.  However, for recently divorced couples with children, the holidays present a myriad of issues.  Who will have the kids on Christmas morning? How will visits with extended family members be managed? Who decides what to buy and how much to spend on Christmas gifts? Can the ex-spouses manage to be in the same room together? Even after a divorce in NJ, the holidays can be a joyful time if the divorced parents intentionally keep it that way. If the problems get out of hand with your former spouse, you need to speak to an experienced NJ child custody lawyer.

 

Preparation is key.  Conversations about visitation schedules, gifts, and special events should be had weeks, if not months ahead of time. Talking to your ex might still be painful.  Keep conversations focused on the task at hand.  Resist the urge to take jabs at one another or to bring up old wounds. Try to remember that you both love your children and that moving forward in a healthy co-parenting dynamic will benefit them immensely.

 

Provide opportunities for your children to spend time with both sides of the family.  This may mean that your holidays are more hectic than they used to be.  If so, talk with extended family members about your concerns.  Do your best to allow opportunities for family celebration, but don’t sacrifice all your time with your children on the altar of extended family relationships.  Continue Reading →

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If you are faced with getting a divorce, your life isn’t over yet. It’s just filled with a lot of different tasks that need to be handled if you are to get on with your life with as little stress as possible. In addition to all of the paperwork that needs to be filed, finding a new place to live, figuring out who gets which assets, and changing your contact information, you’ll need to settle up the debts that you hold jointly as well as those you are individually responsible to pay. An attorney can assist you in coming up with a good plan to do so or you can attempt to figure it out on your own. Here are a few ideas to help get you started.

Dividing the Debt According to Personal Responsibility

If your divorce is amicable, you shouldn’t experience any difficulty when you divide up your marital debts. Each spouse can simply take responsibility for personal debts, and the jointly held balances can be split down the middle. If the accounts are held individually, this strategy is easy to implement. Otherwise, cash transfers from one spouse to the other might need to take place.

If the divorce isn’t a friendly one, you might have more difficulty arranging this particular strategy, especially if some of the accounts are jointly held. For example, you might not want to pay for the $800 TV that your spouse purchased using a shared credit card. It’s important to create a list of all debts so that you don’t lose track of any of them. You can even make three lists: one for you, one for your spouse, and one for the two of you together.

Trading Off the Debt

If one spouse has greater means to pay off the debts, such as a higher income level, you might want to consider trading off the debt in exchange for a higher percentage of assets. For example, the spouse who has a larger salary agrees to accept responsibility for certain debts in exchange for jointly owned assets. Continue Reading →

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New Jersey Statute – Grandparent Visitation

According to the Grandparent Visitation statute, N.J.S.A. 9:2-7.1, a grandparent who is deprived of visitation can seek an order of visitation from the court. In order to do so, the statute states that the grandparent must demonstrate that visitation is in the best interest of the grandchild. As a general rule, however, parents have the right to raise their children the way they wish to, without interference. We call this parental autonomy.

Validity of the Grandparent Visitation Statute – Moriarty v. Brandt

To better understand the current status of grandparent visitation in the state, we need to discuss a case called Moriarty v. Maguire. In Moriarty, the court dealt with the apparent clash between the Grandparent Visitation Statute and parental autonomy. The court in Moriarty ruled that in order for a grandparent to gain visitation against a parent’s wishes, the grandparent must show by a preponderance of the evidence that without the visitation the child will face harm.

Grandparent Visitation Litigation – Major v. Maguire

In Major v. Maguire, grandparents Anthony and Suzanne Major sought visitation under the Grandparent Visitation Statute. The Major’s son, Chris Major, was separated from their granddaughter’s mother, Julie Maguire, when he passed away in 2013. During the separation, the Major’s said they had a close relationship with their granddaughter, including weekly or bi-weekly visits, attending dance recitals, and family trips. Suzanne stated that she frequently took care of her granddaughter while Chris was dying, even living with them in the final weeks. Since Chris’s death, the grandparents stated that they have only seen their granddaughter twice for short visits. Continue Reading →

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Divorce is never an easy subject. In the best of circumstances, a lot of decisions must be made for a successful dissolution. In the worst cases, it may become an ongoing battle with neither party willing to give in. In every situation, an experienced Bergen County divorce attorney can make the difference.

Why Choose Peter Van Aulen

Peter Van Aulen has been a Bergen County divorce attorney for more than 23 years, serving Bergen County and surrounding areas. During his years dedicated to family law, he has been part of many situations revolving around divorce and child custody issues.

His Record

Mr. Van Aulen has handled child custody cases as part of divorce for both men and women. He has obtained restraining orders for victims of domestic abuse. In addition, he has represented those falsely accused of the crime. Continue Reading →

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The dissolution of a marriage is stressful enough, that is why it is important to choose one of the best divorce lawyers in NJ to handle your divorce case. Your divorce lawyer should be qualified, experienced, and reasonable.

NJ Divorce Lawyer Qualifications

At the most basic level, the person you choose to represent you in a divorce case needs to be qualified as a lawyer. All lawyers must be licensed to practice law in the state of New Jersey. In order to be licensed, a lawyer must graduate from a law school that is accredited by the American Bar Association, pass a professional responsibility exam, pass the New Jersey Bar Exam, and receive a Certification of Character.

New Jersey Divorce Lawyer Experience

There are tens of thousands of lawyers in New Jersey, how do you know which one to choose? While some lawyers have a general law practice, meaning that they handle multiple types of legal cases, many lawyers tend to specialize in a particular area of the law and devote their law practice to that type of case. Divorces cases, sometimes called matrimonial cases, fall under the umbrella term of family law. Choosing an experienced matrimonial attorney to handle your divorce case makes good sense, and asking the attorney you are considering about their experience handling divorce cases is a must. Continue Reading →

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Mothers and fathers are responsible for ensuring that their children are provided with food, clothing and shelter, regardless of the relationship of the parents. For this reason, the State of New Jersey takes the payment of child support very seriously and provides services and NJ child support case information to ensure that child support orders are paid.

In New Jersey, child support payments may be handled either by the probation department or may be paid directly to the other parent. Handling child support payments through the probation department using the NJKiDS system provided by the state is often a good idea for both parents. The parent paying support benefits because a record of payments is automatically generated, providing proof of your payment. Paying the other parent directly creates a potential risk of not getting credit for payments made. For the parent receiving support, the record of payments made is also beneficial because missed payments will be clearly shown, and the probation department will automatically be notified to begin enforcement of the child support order.

New Jersey Kids Deserve Support (NJKiDS)

The New Jersey Kids Deserve Support (NJKiDS) is a state-run computer system that contains NJ child support case information that parents can access by phone or online. It contains a record of the information about your child support case, including a record of past 13 months of child support payments and any major case events that have taken place. Using this system is beneficial to the parent receiving child support payments because if a payment is missed, it will automatically take action to enforce your child support order. Continue Reading →

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What is Physical Child Custody in NJ?

Physical child custody is also known as residential custody. A child lives with the parent who has physical custody. The parent who the child lives with is called the Parent of Primary Residence (PPR).

What is Sole Physical Child Custody in New Jersey?

A parent may have sole physical custody of the child, meaning that the child lives only with one parent. In this arrangement, the child often has visitation time with the other parent, but does not stay overnight.

Can We Have Joint Physical Child Custody in NJ?

Yes, in New Jersey parents can share physical custody. The child will split time equally between both parents’ homes. A common example of this custody arrangement has a child living with a parent for a week, and then living with the other parent the next week. Continue Reading →

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A divorce settlement agreement, also referred to as a ‘marital settlement agreement’ or ‘property settlement agreement’, is a legal document specifying the terms of a divorce. The agreement reduces to writing all of the issues the divorcing couple has agreed to. By entering into a settlement agreement in a New Jersey divorce case, the parties avoid a lengthy and costly trial.

What Issues Does A New Jersey Divorce Settlement Agreement Cover?

Most of the issues relating to a divorce can be settled in a Divorce Settlement Agreement.

  • Child Custody
  • Child Support
  • Parenting Time and Visitation
  • Alimony
  • Division of Assets

Includes:

  • Division of debt and credit, household items, property, and valuables

I Don’t Want To Compromise! Why Not Go To Trial?

Compromising with a former spouse is difficult, as any divorced person knows. But compromising often leaves both parties in a better position than fighting out all of their issues in court. Many issues relating to money, property, and children can be resolved through the settlement process. Going to court is a lengthy and costly process that many divorcing couples wish to avoid. Often the reason a party wishes to go to trial is money related, but the cost of going to trial is usually much more expensive than settling. Not satisfied that a settlement is in your best interest? Make sure you speak with a matrimonial attorney to determine whether trial is the right move in your particular case. Continue Reading →

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The New Jersey Child Support Guidelines allow the courts to determine the level of financial support that a child with divorced parents is entitled to. The concept of child support exists because it is the philosophy of the state that a child should still benefit from constant financial support of both parents even if the child’s parents are not together. The guidelines attempt to ensure that a child with divorced parents is entitled to the same financial opportunities as a child of an intact family.

The guidelines are used by the courts to both create the initial child support order and modify orders if necessary. The court will apply the guidelines to each family situation and will presume that it is a proper arrangement unless one of the parents proves otherwise.

What Expenses Are Covered By Child Support?

It comes as no surprise to parents that children can cost a lot of money, but the question for the courts is how do we determine the actual amount? The following categories represent the things that a parent who receives child support will use that money to pay for. Continue Reading →

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In March of 2016 the New Jersey case of Harrington v. Harrington was decided. The case deals with the retroactive modification of child support when a child is emancipated. In Harrington, the plaintiff and defendant had three unemancipated daughters, a twenty-year-old college student, a seventeen-year-old high school student planning to attend college, and a fifteen-year-old high school student, when they divorced in 2012.

The plaintiff agreed to pay $240 per week in unallocated child support. Unallocated child support is support that is not allocated as specific amounts of money per child, but rather one amount for all the children. In this case, that means that the $240 per week payment is not divided into ⅓ (or $80) per child.

In September 2014 the parties mutually agreed to emancipate the two eldest daughters, which typically means that the payment of child support would be recalculated. However, neither party sought to change the child support order, and the plaintiff continued to pay $240 per week in child support. Continue Reading →

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Peter Van Aulen was selected to the 2016 and 2017 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Peter Van Aulen has received a rating by Martindale Hubbell. A description of the rating methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Peter Van Aulen is certified by the New Jersey Supreme Court as a Matrimonial Attorney.

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Saddle Brook, NJ 07663
Phone: 201-845-7400

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