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Going through a divorce is a stressful time in one’s life, so finding a good matrimonial attorney to help you navigate the process is invaluable. Choosing an attorney to represent you in any legal matter requires serious consideration. Often, clients do not know where to start their search, let alone what they are looking for in a good attorney. With over 80,000 attorneys licensed to practice law in the state of New Jersey, it is no wonder the process for selecting an attorney can be daunting.

Why Choose A Certified Matrimonial Attorney?

The New Jersey Supreme Court established a certification process for matrimonial lawyers to allow the public to be able to find an attorney who has demonstrated experience and knowledge in this particular area of law. With the rigorous requirements that we will discuss in this article, clients who choose a New Jersey Certified Matrimonial Attorney know that they will be guided through a difficult process by a professional who not only knows how to handle the legal matter, but is also well-respected by his or her peers. The New Jersey Supreme Court has certified only about 2% of the more than 80,000 New Jersey attorneys. Continue Reading →

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You’re facing divorce. Your soon-to-be ex earns a pretty good living. You, not so much. You want alimony. You’ll get it, right? Possibly, but not forever.

The New Jersey legislature significantly overhauled the state’s alimony laws in September 2014, tightening up on the old concept of permanent alimony after long-term marriages. In days gone by, permanent alimony aimed to achieve a standard of living for both spouses comparable to what they enjoyed while married. After long-term marriages, this status quo might continue indefinitely. That’s changed, and permanent alimony is now called “open durational” alimony. Open durational alimony cannot be awarded unless spouses were married for at least 20 years, except under compelling circumstances. The divorce judgment does not include a cutoff date, but alimony typically ends when the paying spouse retires.

In addition to the duration of the marriage, courts are obligated to weigh other factors when ordering open durational alimony. The New Jersey Supreme Court recently decided that all these factors must be considered, including but not limited to:

  • The financial dependence of one spouse on the other while they were married.
  • Whether physical or mental health issues exist that prevent one spouse from being self-sufficient.
  • The impact of the marriage on career opportunities, such as if one spouse didn’t work for years while maintaining the home.
  • The extent of marital property received by both spouses in the divorce judgment.

Continue Reading →

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Over half of the adult population in the United States has been through at least one divorce. Many divorced individuals move on and remarry and find themselves in a more successful relationship, but some people get divorced and lose confidence in their ability to have a happy healthy relationship. If you are someone that is ready to build a happy and lasting relationship, there are a few factors you can take into consideration to lower your odds of divorce. Here are the top five causes of divorce.

  1. You married for the wrong reasons.

It seems like common sense that getting married for status or money can lead to an unhappy union that ends up getting cut short by divorce. However, there are other reasons you should avoid saying “I do”, many couples marry due to unplanned pregnancy or to cope with their own feelings of loneliness. One way to avoid this pitfall is by truly examining your motives for marriage before you set the date, determine if you truly love the person you are with or if you are simply afraid of being by yourself.

  1. You lose your individuality.

Compromise is a healthy part of every relationship. Every couple should expect to make sacrifices occasionally to build a strong and happy marriage. Unfortunately, many couples make the mistake of hyper-focusing on their relationship to the point that they lose any sense of personal identity. This kind of co-dependency can lead to misunderstandings, arguments and hurt feelings. It is important that each person in a relationship maintains their own interests and provides their spouse with enough room to do the same. Continue Reading →

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There are so many factors involved in a divorce, it is wisest to have a “game plan” in place from the beginning. Though part of that is certainly hiring an experienced and competent attorney, there are things that you can, and will have to, do on your own to provide your attorney with everything they will need to best protect your interests.

Looking Ahead to Distribution of Assets

Because part of your divorce involves the distribution of assets, you need to put yourself in a position of knowing those assets, documenting them and obtaining as much of the relevant documentation that you can.

  • Financial Accounts: Begin making copies of all documents involving financial accounts such as all bank accounts, retirement accounts, investment accounts, trust agreements, stock records, stock options and life and other insurance policies. Copy statements, ledgers, anything that provides information as to deposits, withdrawals and activity on such accounts. These accounts will be divided, so you want the documents to show the value of these accounts.
  • Other Personal Property: This includes assets such as your cars, boats, trailers, cash, furniture and furnishings in your home or homes. It is a good idea to photograph the larger items and take a video around each room in your home(s).
  • Real Property: Make copies of deeds, tax bills, if income property copy leases, rent receipts, expense receipts, mortgage statements and any documents that support value of the property. Occasionally people have current appraisals. If that is the case, make a copy.
  • Debt: Make copies of any and all bills and loan documents such as auto loans, charge statements, medical bills, tuition statements, all with records of payment.

Continue Reading →

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Divorce that occurs later in life, sometimes referred to as “Grey Divorce” or “Mature Divorce” carries with it special considerations than those divorce cases that occur earlier in life. While child custody and support are often less of a concern; things like retirement accounts, social security, and health issues tend to become the focus of the divorce process when the parties are age 60 and over.

DIVISION OF ASSETS

Marital Home

Who keeps the house is one the biggest questions in most divorce cases, regardless of the age of the couple. Earlier in life it is often important because it is the most expensive asset and it is important to maintain a stable home for children. Later in life, however, it may not be the most expensive asset, and the children probably have moved out. Then why is the home still so important? There are several factors to consider.

Taxes

Owning a home comes with special tax treatment that can be very valuable to a senior. Real property taxes, mortgage payment deductions, and exclusions from the sale of the home are all factors you should talk to your attorney and tax professional about when determining whether to keep the marital home. Continue Reading →

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New Jersey law makes it clear that if you are the custodial parent of a child, you must either have permission of the other parent or a court order allowing you to move the child outside the state of New Jersey.

BAURES FACTORS

The New Jersey courts in the case of Baures v. Lewis gave us 12 factors to consider in determining whether the relocation will be permitted. It is important to note that the Baures factors are only guidelines. No single factor is dispositive to the case, not all factors need to be considered equally, and not all of the factors listed will be relevant in every case.

  • The reasons given for the move

The court will consider why the parent wants to move the child, whether for employment, financial, familial, or other reasons.

  • The reasons given for the opposition

The reasons why the other parent does not wish for the child to move. Is the reason spite, or is it because it will be hard to visit with the child? Will the transition be difficult for the child? The court will weigh the pros and cons of the move. Continue Reading →

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What is considered domestic violence?

New Jersey defines domestic violence as the commission one of a particular set of criminal offenses committed by an adult or emancipated minor against a person who falls within the state’s definition of a domestic violence victim. For more information see our article on Domestic Violence in NJ (<- link here https://www.pvalaw.com/domestic-violence.html)

What is a restraining order?

A restraining order prohibits contact between the person who seeks the restraining order and the person who the restraining order is entered against.

What effect does a restraining order have?

A restraining order is most commonly used to prohibit the person it is entered against away from the person who sought the restraining order. It may also contain other prohibitions, based on the violence alleged by the victim. Those can include prohibiting any contact including phone calls and texts, the surrender of the defendant’s firearms, ordering counseling, and others as appropriate. Continue Reading →

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An annulment is a legal process that severs a marital relationship by voiding it. An annulment is different from a divorce in that a divorce ends a marriage, whereas an annulment deems that the marriage never happened. While New Jersey allows for a no-fault divorce, annulment requires the marriage to meet certain criteria in order to qualify for an annulment.

GROUNDS FOR ANNULMENT

The reasons for obtaining an annulment are very limited, and as such most married couples do not qualify for an annulment and must use divorce to end the marriage. This is because annulments are only granted in cases in which the marriage should not have been valid in the first place. The following are considered grounds for annulment in the State of New Jersey:

  • either spouse was under age at the time of the marriage, and once attaining age 18 have not had sexual relations
  • incapacity by mental illness or intoxication
  • fraud, or lies, by you or your spouse
  • duress
  • incurable impotence at the time of the marriage
  • incest
  • bigamy

A common misconception of annulment is that it is an available option in marriages that only last a short time. A marriage that lasts only a matter of months but does meet one of the grounds above will not qualify for an annulment. Continue Reading →

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How to Get Along During a Divorce

 Animosity between parents going through a divorce can be emotionally damaging to a child. For this reason, it is critical for parents not to show their frustration toward each other in front of the children. Here are three ways to ensure that you and your former partner can remain civil while going through a divorce.

Deal with Your Emotions First

With all the paperwork that needs your attention, and your need to adjust to your new life, the last thing you want to dwell on are your emotions. Unfortunately, negative emotions are a part of divorce, and bottling them up can lead to anger and resentment. Deal with your feelings first, even if this means seeking professional counseling. The more consistently you address your emotional health, the less animosity there will be between you and your former partner.

Think Before You Act

I was once told by a colleagues that criminal lawyers often represent bad people acting their best in a criminal case and divorce lawyers often represent good people acting their worst during a divorce. Do not go down this path. Acting poorly towards your spouse and involving your children can hurt own case and damage your children. Therefore, think before you act. Your actions can have a short and long term affect on your life and the lives of your children. Continue Reading →

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Lawyers aren’t one-size-fits-all. They don’t all excel at the same things, so asking a bankruptcy attorney to handle your divorce is a little like asking a plumber to rewire your house. If your marriage is headed for the brink and you feel that you’re going to need the help of an attorney, giving some thought to the interview process before you meet with him for the first time can benefit both of you. You’re entrusting him with your family and finances – things that are really important to you — so you’ll want the right fit.

When you meet with prospective attorneys, you won’t be the only one who has questions.Let the lawyer ask questions first. He won’t know if and how he can help you until he understands the intimate details of your problem — your finances, your family and your marriage. He’ll be able to give you more accurate answers to your own questions when he understands the finer points of what you’re facing.

Find out how his office operates so you’ll know what to expect if you hire him. He’s ethically obligated to act in your best interests, but this doesn’t mean he’ll be able to return every one of your phone calls within five minutes. In fact, you probably won’t want him to. If he has that kind of free time on his hands, he may not be busy with a thriving practice. If you retain him, you’re bound to call at a time when he’s with another client, in court or prepping for trial, so he can’t drop everything to get on the phone with you.  Ask how his office handles these situations. Divorce litigation is rife with unexpected emergencies, but what seems like an emergency to you is often something his staff has handled numerous times before. 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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