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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Early settlement is an alternative dispute resolution program for married couples going through a divorce. The goal of the program is to allow the parties to reach a settlement on the issues in dispute early on in the divorce process to avoid the lengthy and expensive litigation process. As is the case with many legal issues, divorce is a much easier process if the parties can at least try to compromise and resolve their issues without going to court.

WHO ARE THE PANELISTS?

The early settlement panel (ESP) is comprised of experienced matrimonial attorneys. Each attorney must have at least 5 years experience in matrimonial law. The panel is usually made up of two to three panelists.

WHAT ISSUES DOES THE ESP ADDRESS?

Matrimonial issues related to finances and property are addressed by the early settlement program. More sensitive issues such as child custody and visitation require a more in depth process and thus are not decided on in the early settlement process. Continue Reading →

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The term “legal separation” is used nationwide, but the process can be different depending on your state — and sometimes even within the same state. Technically, New Jersey doesn’t recognize legal separation, at least by that name. You don’t have to file a complaint with the court if you and your spouse want to live apart. You can do so, however, if you want to.

The most common way of separating in New Jersey involves negotiating and signing a settlement agreement. The agreement can resolve issues of custody, parenting time, child support, and spousal support, setting the terms under which you and your spouse will live apart. The agreement becomes an enforceable contract when signed by both spouses. If you eventually decide to divorce, and if the agreement also provides for issues of property and debt distribution, you can ask the court to incorporate its terms in a divorce judgment as a property settlement agreement. You can have an easy, uncontested divorce. Otherwise, there’s no need to file the agreement with the court if your separation is open-ended.

New Jersey also recognizes another form of legal separation called a Divorce from Bed and Board. This option does involve filing a complaint with the court, and you must cite one of the same grounds for divorce that you would use if you were to file for an absolute divorce instead. You can then ask the court to decide custody, visitation, and support issues for you. You can still reach an agreement on these things and submit it to the court without actually ending your marriage. Both you and your spouse must both agree to this option. If you later decide to divorce entirely, you can ask the court to convert your judgment into one of absolute divorce. Continue Reading →

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Oftentimes when a divorce case is filed, a party desires a restoration of their maiden name or even a prior surname that may not be the last name she or he had at the time of her birth. There are a number of considerations to keep in mind when it comes to how to change a surname in a divorce case.

Prayer for Relief in Complaint for Divorce

If a party files for divorce, he or she needs to include a prayer for relief requesting a restoration of a prior name in the complaint for divorce. A prayer for relief is a legal request asking a court to take certain action. A party usually is entitled to have not only a maiden name restored but a prior surname that was lawfully used prior to the marriage at issue in the divorce proceedings as long as the party is not attempting to avoid creditors or criminal prosecution. . For example, if the party had been married previously, she theoretically could have restored the surname she used during that time. The same process applies to cases in which a partner in a same-sex marriage desires a name change. Same-sex divorce cases have only recently begun to work their way through the legal system. If a party is the respondent in a divorce case, i.e., the person being sued for divorce, she will request a name change in the response filed to the petition or complaint. Continue Reading →

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For many issues pertaining to child custody in New Jersey it is difficult to find straightforward answers to legal questions. When asking what are assumed to be easy questions, clients often hear from attorneys that “it depends on the circumstances of the case.” Attorneys give this answer not because the attorney does not know the answer, or because they are trying to put their client off, but rather because the way the law is written there is rarely an easy answer. Child custody laws, for example, often give judges guidelines for determining child custody issues, but they often allow the judge discretion to determine what is the best interest of the parties involved. It is rare when there are clear-cut answers to questions about child custody without knowing all of the facts of the case. In the case of child custody and religion, however, we have a very clear answer to the question of who determines the religion of a child.

NEW JERSEY CASE LAW ON RELIGIOUS UPBRINGING

New Jersey case law makes it clear that the child’s primary caretaker has the power to decide on the religion of the child. Also called the Parent of Primary Residence, this is the parent who spends more than 50% of time with the child. Even in cases where the parents have joint custody, the primary caretaker still has the power to make religious decisions for the child. The religion that the parents raised the child with before the divorce is irrelevant in the eyes of the courts; the sole power lies with the primary caretaker. Continue Reading →

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Parenting time, historically widely known as visitation, permits a noncustodial parent and a minor child the ability to maintain a meaningful relationship. When custody is established in a divorce or paternity case, a parenting time schedule usually is established for the noncustodial parent.

Unfortunately, there are instances when an issue can arise in regard to parenting time or visitation. One such problem is a noncustodial parenting arriving to pick up a child for parenting time who apparently is intoxicated.

Deescalate the Situation

The first step to take when a person arrives for parenting time intoxicated is to try to deescalate the situation. At the very least, a solid effort should be made to avoid inflaming the emotions of the parent who appears to be intoxicated.

Discuss Away from the Child

If at all possible, the state of affairs should be discussed away from the child. Addressing a parent’s intoxication in front of a child benefits no one and can actually be harmful to the child. The focus must always be kept on what is in the best interests of the child. Continue Reading →

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One of the first steps a court takes following the commencement of divorce proceedings is to issue what are known as temporary orders. Included in the temporary orders issued at the start of a divorce case is an order addressing the matter of child custody. A temporary child custody order designates which parent will have primary custody during the pendency of the divorce proceedings themselves.

Motion for Temporary Custody

The process of establishing temporary custody of a minor child during divorce proceedings begins with the preparation and filing of a motion for temporary custody. Typically, an attorney is hired to prepare this motion, along with the other documents that are filed at the start of divorce proceedings.

Some individuals do proceed with divorce cases without legal representation. In such instances, most courts in the United States maintain standard forms for divorce cases, including templates for a motion for temporary custody. Continue Reading →

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One New Jersey Superior Court judge has decided that a child may decide whether to call a step-parent “Mom” or “Dad” or any derivative thereof. In a very lengthy decision in B.S. v. T.S.,  Ocean County  Judge Lawrence Jones held that the 8 year-old boy involved is mature enough to make his own decision as to what he calls his father’s live-in girlfriend, contrary to the position of the biological Mother.

Upheaval of Divorce and Grant of Power to Child

The court determined that the child’s parents’ divorce had caused enough upheaval in his life, over which he had no control whatsoever. Therefore, the court gives the child control over what he decides to call his Dad’s live-in girlfriend. The Father is engaged to the live-in girlfriend with whom the child has a very positive relationship, the trauma suffered by the child throughout the divorce and subsequent court involvement concerning the child, the fact that the girlfriend’s three children living in the boy’s household and the girlfriend’s past teaching experience all seem to come into play in the Court’s granting the child the power to make his own decision as to what to call this woman. There is no way to tell if any or all of these factors will play a part in future determinations on the issue.

The impression provided by this decision is that the parents are and were too often in court, unable to work out things without on their own. The child may well have been put him in the middle of it all. This parental behavior may well have played a role in the final determination by the court. The court made clear the positive nature of the relationship between the child, both parents and the girlfriend, expressed by the child, avoiding any impression that this decision was based upon anything lacking in the biological mother.  Continue Reading →

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A number of factors will affect the award of child custody in New Jersey case, including some obvious factors like the fitness of the parents, the needs of the child, and the relationship of the parents with the child. In addition, a less considered but no less important factor that a court will consider is any history of domestic violence in the family. To best understand how domestic violence affects child custody, we must first understand what domestic violence is and how child custody is awarded before we can put the two pieces together.

WHAT IS DOMESTIC VIOLENCE?

Domestic violence is the commission of a certain underlying act on another by a person who has a close relationship with that other person. The close relationship may be between spouses, former spouses, boyfriends and girlfriends, or some other family members. The acts that constitute domestic violence include, but are not limited to, assault, harassment, stalking, and homicide. Continue Reading →

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Child custody laws are established on a state-by-state basis. With that noted, there is a tremendous amount of commonality in child custody statutes from one jurisdiction in the United States to another.

One element common in child custody statutes is the standard to be applied by a court when making a custody determination. The guideline utilized in all states is known as the best interests of the child standard.

Legal Overview of the Best Interests of the Child Standard

The best interests of the child standard focuses on the needs of the minor and not the objectives of the parents. The court is called upon to consider a wide range of factors on a case-by-case basis to ascertain what custodial arrangement will best meet the needs of the minor child. Continue Reading →

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When the typical individual thinks of child custody, he or she oftentimes references custodial and noncustodial parent. In fact, there exist some other types of custodial arrangements that can be agreed to or ordered by the court in divorce proceedings. One alternate type of arrangement is a scheme that commonly is referred to as “bird’s nest custody.”

Although not available in all jurisdictions in the United States, and not widely utilized where permitted, there exist some benefits associated with bird’s nest custody. A parent involved in a divorce case is wise to consider different custodial arrangements for a minor child, including bird’s nest custody.

Basic Elements of Bird’s Nest Custody

Under traditional child custody arrangements, the minor child typically spends time in the residences of both parents. Usually, one home is the primary residence of the child and the other home is where a parent and minor enjoy parenting time or visitation together. Continue Reading →

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