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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Divorce rarely brings out the best in people, and common sense is often the first attribute to fall by the wayside at the beginning of proceedings. More than one spouse has ended up on the other side, officially divorced and scratching her head, wondering, “What have I done?” You love the house. You worked hard to improve it over the years. Your kids go to school down the street. There may be a lot of reasons you want to hold on to the property. But consider all the pros and cons before you give up everything else in settlement negotiations.

Keeping the House for the Kids’ Sake

Let’s start with your children, the ones who go to school in the district where the marital home is located. Changing schools can be traumatic for a youngster. If you’re sure you can’t relocate to a new home in the same district, this may be a consideration, but it may be less of a concern if your kids attend private school – a move may simply mean you have to drive farther to deliver them and pick them up on schooldays.

Their ages are an important factor as well. Although it may be upsetting for a fifth grader to change schools, the effect on a high school junior may be far worse if moving means he can’t graduate with the same kids he’s gone all through school with. The flip side is that he will most likely fly the nest in a couple of years, going off to college. Do you really want to make a long-term commitment to the property when your primary reason for keeping it is short term? Continue Reading →

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Financial factors are very crucial for you to review as you begin the divorce process. You are most likely aware that divorces can be expensive, but do you know how much yours will cost you?

You may be surprised to find out that the average cost of a divorce is about $15,500. However, the costs vary depending on dozens of different factors. A simple divorce can cost you as little as $3,000. While a complex divorce can cost $100,000 or more.

Below you will find some helpful information about the financial obstacles that you may face during your divorce. Continue Reading →

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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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Divorce can be one of the worst experiences in life. Just when you feel most vulnerable and afraid you have the added stress of financial upheaval, the loss of friends, and the sight of distressed children. More than at any other time, advice is absolutely crucial.

1) Take care of yourself. When gripped by the trauma and stress of divorce, many people neglect their physical health. But you will be of no use to your children if you allow your body to falter. You may complain that you do not have time to exercise or prepare healthy food, but you must make the time. If you eat plenty of fresh, healthy food and keep up your fitness regimen, your head will be clearer, you will make better decisions, and you will have the energy to fight.

2) Accept what has happened. As with the bereaved, the newly divorced often fight their situation. They know intellectually that the person has gone, but deep inside they resist. And this can apply even to those who initiated the separation. Of course, acceptance will be even more difficult if your partner left suddenly, without warning. But the fact is, you will not begin to heal until you have fully grasped the reality of your situation. Continue Reading →

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The annulment of a marriage erases the marriage completely, as if it never happened. Without a marriage, there is no marital property or debt. Therefore, in a civil action to annul a marriage, there will be no equitable distribution. There are other mechanisms to divide jointly owned property, but not by equitable distribution.

An action for annulment results in custody and child support orders, if children are involved, just as it would with any unmarried couple. Although rare, alimony can be awarded. Religious annulments are something entirely different and must be addressed with your religious leader, not the court system.

Grounds for Annulment

  • One spouse is already married or in a civil union and the other spouse was unaware of that at the time of the marriage
  • Nonage: Either spouse was under the age of 18 at the time of marriage, having no legal right to consent to marry
  • Duress: Threat of serious violence, or something similar, generally toward the spouse-to-be or a loved one, if that individual does not marry the threatening spouse-to-be
  • One or both of the spouses lack mental capacity or mental ability at the time of the marriage to give consent. Think in terms of severe intoxication as well as other physiological lack of metal capacity or ability.
  • Failure of one spouse to advise the other of their impotence. This includes the refusal to consummate the relationship as well as the inability to do so and if a woman conceals her inability to bear children
  • Marriage of between close blood relatives
  • Fraud and misrepresentation including:
  • Lie of either spouse about desire to have, or not have, children
  • Immigrant lies about reasons for marriage when really only going through the marriage to obtain citizenship
  • One spouse is addicted to drugs or alcohol and misrepresents that to the other spouse prior to marriage
  • Lies of one spouse about their religious beliefs which was a major factor in the marriage or civil union
  • At time of marriage, wife fails to advise husband that she is pregnant by another man
  • NOT lies about financial circumstances (this has been found inadequate to support annulment)

Continue Reading →

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When searching for a divorce lawyer in NJ, you want someone you can trust. You’re dealing with an unfortunate situation which may be complicated by child custody or other legal issues. You may have to handle disbursement of assets or alimony. Since complicated emotions are involved, it helps to have an objective view from an experienced attorney.

Experience Matters

Peter Van Aulen has more than 23 years of experience as a New Jersey divorce attorney. His years of practice have been devoted to this area of the law, and he’s become recognized as an authority through his reputation. He has worked with clients in various situations in both large and small cases.

Experience in divorce law is important when selecting from divorce lawyers in NJ. You may be navigating new territory as you seek a divorce, and you need someone who knows the law to protect your interests. When children are involved, the situation can become even more intense. Peter Van Aulen has a solid record of handling child relocation, child custody and parent alienation. 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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The Child Support Guidelines apply to support for all children whose parents combined net income is between $8,840.00 annually ($170.00/week) and $187,200.00 annually ($3,600.00/week). The guidelines amount, within this span of income, is presumed to be the correct amount of child support, though there are reasons to deviate from guidelines, including but not limited to:

  • Educational expenses of the children
  • Unreimbursed medical expenses of either parent
  • One parent’s household having more than six children
  • Special needs of the child or children
  • Specific Shared Parenting arrangements that have a different set of Guidelines

Goals and Inclusions in Child Support Calculations

Child support is intended to cover certain expenses of the child, and is an obligation of both of the parents. The goal is supposed to be to afford the child the same opportunities that would have existed if the family remained together. The expenses to be covered by basic child support are:

  • Food, housing, clothing and transportation
  • Up to $250 of unreimbursed health care each year, per child
  • Entertainment
  • Various miscellaneous expenses

An interesting thing about child support is that there is a presumption that an increase in income of the payor results in an equal and simultaneous increase in the child or children’s needs. 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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