Tuesday, December 31, 2013

Court Standards for Post-Judgment Modification of Alimony and Child Support

In a recent NJ Appellate Division Case, Cronin v. Cronin, the Court reversed and remanded the decision of the lower court finding that the judge did not make adequate findings of fact and conclusions of law as required by N.J. Court Rule 1:7-4(a) in a case involving a motion for post-judgment modification of alimony and child support. Defendant appealed from two separate court orders issued by the lower Family Court in August 2012 compelling him to pay alimony arrears in the amount of $11,500, authorizing the issuance of a bench warrant should he miss two spousal support payments, and denying his post-judgment application to reduce his alimony and child support obligations. In the case, the Plaintiff cross appealed from the part of the order that denied her application for counsel fees. The parties in this case were married in March of 2003 and became divorced in May of 2011. The parties' Judgment of Divorce incorporated their settlement agreement which required that the Defendant pay $12,000 per month in alimony for four years and $2,000 a month in child support - both of these obligations were based upon the Defendant's gross income of $504,000 annually which was his average income from 2005-2007. In 2011, during the divorce proceedings, the Defendant claimed that his earnings had decreased substantially since 2007 and he stated that he could not meet his spousal support or child support obligations. During the hearing, the Plaintiff's counsel stated that the Defendant was aware of this decrease in salary prior to engaging in negotiations for the marital settlement agreement. The Defendant acknowledged this fact and stated on the record that he was not waiving his right under Lepis v. Lepis to seek a modification of the order later. In 2012, the Defendant had become $11,500 in arrears and the Plaintiff petitioned the court to compel the Defendant to pay his obligation and for counsel fees. The Defendant filed a motion in response seeking to modify his alimony and child support obligation based on changed circumstances. The lower court judge ordered that the Defendant pay the $11,500 within 120 days and denied the Plaintiff's request for counsel fees. The Appellate Court reversed and remanded this decision because it found that the lower court judge failed to make adequate findings of fact and conclusions of law required by N.J. Court Rule 1:7-4(a). According the Appellate Division, the lower court judge recited the law in his opinion but did not engage in a factual analysis or apply the facts of the case to the law in his legal conclusions. If you anticipate that you will want to petition the court for a post-judgment modification of alimony or child support it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about child custody, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Wednesday, December 11, 2013

Same-Sex Divorce

As more American states begin to recognize marriage equality, the laws of each state must evolve to anticipate same-sex divorce. Marriage equality, or the recognition of same-sex marriage, is currently permitted in seventeen states: California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Washington, and the District of Columbia. The recognition of gay marriage in these states may result in difficulties for the parties if and when they decide to divorce, especially if they live in any of the states that do not currently recognize marriage equality. Many issues may arise for gay and lesbian couples who file for divorce after being joined in a legal marriage in the states in which they live. For instance, all divorces in the states of Massachusetts and New Hampshire are viewed equally and therefore same-sex divorces are treated exactly the same as heterosexual divorces. However, certain issues may arise that can complicate same-sex divorces. For example, if a LGBT couple lived together for 25 years before the state permitted them to legally marry and that state considers the length of the marriage when deciding issues regarding division of assets and property, the only time that a court will look to when it makes decisions concerning equitable distribution will be the time that the couple was legally married . Which, in the aforementioned example, is much shorter than the time that the couple was actually together obtaining joint assets. The laws in the state of New Jersey are also continuing to evolve and as time progresses may become more sensitive to the unique legal issues that same-sex divorce presents to the parties involved, such as the issue presented in the example above. If you are currently in a same-sex marriage and you anticipate that you may be contemplating filing for a divorce it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about same-sex divorce, child custody, divorce, parenting time, equitable distribution, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney

Tuesday, December 10, 2013

Significant Drop In Salary May Constitute "Changed Circumstances" For Alimony Modification

In a recent New Jersey case, Jones v. Jones, the New Jersey Appellate Division reversed a lower court's dismissal for a hearing to terminate or modify permanent alimony based upon a significant long-term change of circumstances. The parties involved in the case were divorced in 2009. As part of their divorce judgment a settlement agreement was executed that defined the permanent alimony amount that the defendant was to pay his ex-wife, the plaintiff, based upon each party's salary at that time. In 2012, the defendant submitted a motion to the court to modify the amount of alimony he agreed to pay his wife because he had suffered a 42% reduction in his salary. The defendant moved before the court to modify his existing alimony obligation based on this significant changed circumstance in his financial situation. The plaintiff opposed his motion and cross-moved for other relief. The NJ Superior Court judge denied both parties' motions without conducting an evidentiary hearing to address the defendant's claim of changed circumstances. On appeal, the New Jersey Appellate Division reversed the lower court's ruling and remanded the matter to the trial court for a hearing to consider whether or not his reduction in salary constituted a change in circumstances that would warrant a downward modification in alimony. In its holding, the Appellate Court noted that his allegations of a 42% reduction in salary constituted prima facie evidence (enough evidence on the face of the allegation) to entitle the defendant to an evidentiary hearing to determine if his spousal support obligation to defendant should be terminated or reduced. If you anticipate that you will become involved in a dispute over alimony or other issues regarding your divorce it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about posst-judgment modification, alimony, divorce, custody child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Friday, December 6, 2013

Jurisdiction in NJ Child Relocation Cases

In the recent NJ Appellate Division case White v. Douglas, the Appellate Court considered the issue of New Jersey's jurisdiction in child custody and child support cases where one parent desired to relocate a child out of the state. The defendant father, appealed a Superior Court judge's order that relinquished New Jersey's jurisdiction with respect to child custody and child support when his ex-wife moved to relocate their child to the state of Georgia. The Appellate Court held that the lower court's order was entered in error, as the custody dispute including the Plaintiff mother's petition to move the child out of the state, was still on-going. According to the court, under the New Jersey Uniform Child Custody Jurisdiction and Enforcement Act, New Jersey maintains jurisdiction over the child custody dispute until neither the child nor the parents have a "significant connection with this state." Further, in order for the Plaintiff to gain the right to move the child to Georgia over the Defendant's objection, she would have to meet the standards set in Baures v. Lewis, the current guiding case law on the matter of child relocation. According to Baures, the party seeking to remove a child out of the state over the other parent's objection must present evidence that 1) there is a good faith reason for the move and 2) that the move will not be against the child's interests. If these threshold factors are met the opposing party will have the opportunity to present evidence that reflects that the request for removal was either not in good faith or against the child's interests. If you anticipate that you will become involved in a child custody dispute or a dispute over the relocation of a child out of the state it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about child custody, divorce, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Thursday, December 5, 2013

Status of LGBT Parental Rights

As many more states continue to recognize marriage equality and same-sex marriage, it has become a hot topic across America leading many people to ask - what is the status of LGBT parental rights? There are gay and lesbian parents who were previously in heterosexual marriages but have divorced and are now having a very difficult time securing legal protections that permit them to maintain relationships with their children. Although marriage equality is now recognized in 16 states in America, the laws that govern the right to legally marry are different from the laws that govern parental rights. Therefore, even if a state recognizes marriage equality same-sex parents may not be receiving the same family protections as heterosexual parents. For instance, many states still do not allow LGBT, or more specifically transgender people, from adopting a child. Therefore, if a transgender person engages in a relationship with an individual who has children from a previous relationship, in most states, the transgender person will not be able to adopt the children - even if that person is legally permitted to marry his or her significant other. For transgender individuals this harsh fact prohibits them from realizing the family lifestyle that they so desire. In another example, many transgender men and women are finding that many state laws are creating significant impediments for them to gain visitation rights over their biological children because their status as parents, upon becoming transgender, is compromised by the laws of many states. This, compounds with the fact that many others in society and within their own families may choose to make it difficult for the transgender person to see his or her child, solely based upon the fact that the family disagrees with their choice to change their gender. Over time, the laws across the states will evolve and adapt to social change, this is evident in the fact that more and more states are beginning to recognize marriage equality at an ever-increasing velocity. The statue and protections of transgender parents will most likely follow this trend. If you are an LGBT individual and you anticipate that you will become involved in a child custody and/or parenting time dispute it is critical that you seek out the advice of an experienced family law attorney before moving forward. For more information about child custody, divorce, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Tuesday, December 3, 2013

The Issues of Custody Disputes in NJ

The divorce process in New Jersey can cause many difficult issues to arise and child custody disputes are one of the most common issues, therefore it is very important for parties to know what a court considers when determining child custody. N.J.S.A. 2A:34-23 governs the issues regarding custody disputes. According to the statute, a Family Court judge is authorized to "make such order . . . as to the care, custody, education and maintenance of the children or any of them, as the circumstances of the case shall render fit, reasonable and just." A judge has very wide discretion to use this statute when making custody determinations. The public policy behind the broad language of the law is to ensure that judges have the legal ability to tailor their orders to fit each individual situation to maximize the contact that children have with both of their parents if possible. In Beck v. Beck, 86 N.J. 480, 485 (1984), the New Jersey Supreme Court held that there is a "legislative preference for custody decrees that allow both parents full and genuine involvement in the lives of their children following a divorce . . . in promoting the child's welfare, the court should strain every effort to attain for the child the affection of both parents rather than one." Currently, when making child custody determinations a New Jersey court is guided by the overarching best interest of the child standard according to N.J.S.A. 9:2-4. Pursuant to this statute, a judge will consider a list of factors that he or she will apply to the facts of each case before issuing a custody order. Another aspect of a custody determination is the kind of custody that is awarded. The New Jersey statute that governs custody permits the Family Court to award a parent or parents with 1) joint custody of a child in which both parents have legal and physical custody of the child, 2) sole custody to one parent with parenting time to the other; or 3) another custody arrangement that the court arrives at to satisfy the best interests of the child. If you are involved in a child custody dispute, or have children and are considering divorce, it is critical that you consult with an experienced custody attorney before moving forward. For more information about child custody, divorce, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Tuesday, November 26, 2013

Alimony During Separation

Many people living in New Jersey, who may be deciding whether or not to initiate divorce proceedings against their spouse, might be wondering about issues that arise between separation and the time the divorce is final such as spousal support or alimony during separation. A common question of those considering divorce is, if you and your spouse are separated, are either of you entitled to alimony or spousal support before the issuance of a judgment of divorce? In the state of New Jersey, a court will, under certain conditions, award either party temporary financial spousal support before a divorce is finalized. The court will consider the standard of living that the parties were enjoying before their separation and can compel one party to pay a temporary financial support amount so that the less financially secure party can maintain a decent lifestyle throughout the divorce process. This type of financial spousal support is called pendente lite alimony, and it is awarded as a means to keep both parties at their "status quo" until they reach a property settlement and/or custody agreement or receive a Judgment of Divorce. When considering the amount of pendente lite alimony to award, the court will not consider the factors that are typically used to determine more permanent forms of alimony such as a party's future ability to earn an income or the potential effects of the parties' future division of property. Instead, to arrive at the temporary pendente lite alimony sum the court will look to the parties' cost of living by evaluating the couple's monthly utility bills, mortgage payments, and respective current incomes. Therefore, the pre-judgment alimony award will often be a very different amount than the alimony that is eventually awarded when the divorce is finalized. The pendente lite award will cease when the divorce is officially over and will be exchanged for a different type of alimony at that time, if the court deems it necessary. If you are separated or considering a divorce and think that you may be entitled to alimony or child support, it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about alimony, spousal support, divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Friday, November 22, 2013

Your Divorce Is Finally Over...Not So Fast

Phew! Your long, expensive, and difficult divorce is finally over, now you can rest easy...not so fast. In New Jersey, once a divorce is finalized and a Judgment of Divorce issued by the court, there may still be some very important issues that remain and deserve attention. After all, the parties just endured what most likely was a very difficult process, certainly no one would want to jeopardize any issues by failing to ensure that everything was done correctly. For instance, all court documents should be reviewed for accuracy to make sure that any mistakes, however small, are found. If a party discovers any mistakes in any court documents that party should immediately contact his or her attorney to make sure that the mistake is remedied as soon as possible. In most cases, a property settlement agreement and/or custody and parenting time agreement will be affixed to a Final Judgment of Divorce. These documents are of paramount importance because they are a guide to the parties' division of property, child support obligation, parenting time schedule, and any other specific details regarding child custody. Therefore, even though a divorce may be finalized, it is critical that a party review these documents to ensure they are completely correct - as their contents will dramatically affect the lives of all of the parties involved in the divorce. In addition, parties should make sure that other marital documents such as real estate deeds, wills, and trusts are properly amended to reflect that the parties are no longer legally joined. Once again, these changes should be made immediately upon the issuance of the Judgment of Divorce. Further, in some cases, names on Social Security cards, licenses, registrations, and titles to vehicles need to be changed. An experienced attorney can help the party to ensure that all of these necessary changes are properly made. Each party will receive only one original with the court's seal, it is advised that parties also obtain multiple copies of the certified Final Judgment of Divorce. Many entities such as government agencies, insurance companies, and banks will need copies of the certified Final Judgment of Divorce before they carry out certain provisions in the property settlement and custody agreements. If you are involved in a divorce it is critical that you obtain the services of an experienced family law attorney to assist you through the process and attend to the preparation of documents both during and after the divorce. For more information about contested divorce, custody, visitation, parenting time, alimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, November 18, 2013

NJ Grandparent's Visitation Rights - A Closer Look

In a previous blog post we explored the New Jersey state statute that governs grandparent's visitation rights, N.J.S.A. 9:2-7.1, upon a close look it may not be as easy for a grandparent to be granted visitation as it may initially seem. As previously stated, there is a New Jersey statute that provides that grandparents be awarded visitation with their grandchildren upon a court's analysis of a set of factors. It should be noted, that despite the statute, grandparents are rarely given liberal visitation with their grandchildren and only under unusual circumstances are such rights honored. Ultimately, a grandparent or grandparents will have to prove to a court that their grandchildren will be harmed if visitation with them is not granted. Further, the harm that the grandchildren would have to suffer is one that is more substantial than the harm that would qualify under New Jersey law that would provide visitation rights for others such as parents. Therefore, the legal threshold that a grandparent must meet in order to be given visitation rights is quite high and is rarely met. For instance, if a child would suffer significant psychological or emotional harm as a result of not having contact with his or her grandparent, then perhaps the harm would qualify as severe enough to warrant court ordered visitation. Proving significant psychological harm is not as easy as one might think at first blush. A grandparent seeking court ordered visitation would need to retain a mental health expert to conduct evaluations and bonding assessments and then conclude that substantial psychological harm would result if that grandparent were not awarded visitation rights. In addition, even if an expert recommends grandparent visitation, the inquiry does not end there. Next, the totality of the circumstances would be evaluated by the court who would apply a set of statutory factors to the facts of the case to determine if ordering grandparent visitation is within the child's best interests. It is so difficult to get a New Jersey court to award a grandparent with visitation rights because under the Fourteenth Amendment to the United States Constitution, a parent has a fundamental right to raise his or her child in almost any manner that they wish. Therefore, in order to protect this strong Constitutional right, a court will only award grandparents with similar rights if doing so would be to avoid significant harm to the child. If you are interested in seeking grandparent's visitation rights it is strongly advised that you seek out the advice of an experienced attorney. For more information about grandparent's rights, custody & visitation, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Wednesday, November 13, 2013

NJ Will Recognize Out of State Same-Sex Marriages

In the wake of the NJ Superior Court decision Garden State Equality v. Dow and the legal drama that ensued leading to New Jersey's recognition of same-sex marriage, many gay and lesbian couples have new questions regarding the status of same-sex marriage in this state, including the validity of out of state same-sex marriages. To assuage questions such as this, the NJ Department of Health and Human Services has released a statement to address the this specific issue. In its statement, released earlier this month, the Department of Health confirmed that NJ will recognize and honor the validity of same-sex marriages that were performed and validated in other states that previously recognized same-sex marriages. Therefore, for gay and lesbian couples who may be wondering if they will be required to get re-married in NJ in order for the state to officially recognize their marriages, the question has been answered. Same-sex couples who were legally married in other states do not have to re-marry in New Jersey for the state to recognize their legal union. On the other hand, LGBT couples who were legally joined in a civil union will have to legally "re-marry" in NJ for their marriage to be recognized by the Garden State and federal government to receive the marriage benefits from each. Unfortunately for couples joined in a NJ civil union, the Garden State Equality v. Dow decision did not provide for the automatic conversion of civil unions into marriages. As the weeks and months wane on following New Jersey's recognition of same-sex marriages, the legislature and legal communities will continued to refine and clarify how the laws of the state will evolve and adapt to include same-sex marriage recognition. As more and more same-sex couples apply for marriage licenses in the state, there is no doubt that additional questions will surface that need to be clarified and resolved as New Jersey embraces marriage equality. For more information about same-sex civil union, same-sex relationship dissolution, divorce, adoption, child custody, alimony or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Tuesday, November 12, 2013

Small Business Valuation In Divorce

Equitable distribution is typically one of the most complicated and involved aspects of a divorce in New Jersey, and the proceedings can become more complicated if the parties have to begin the process of determining the value of a small business. Going through a divorce in New Jersey can be difficult on all involved, including business partners of the divorcing business owner. This becomes especially true during the equitable distribution phase, which requires the parties to value and divide property and assets. During this phase, emotions can run high and the stress can be overwhelming. In the case of Rothman v. Rothman, the New Jersey Superior Court framed the elements for the valuation of a business for equitable distribution in divorce cases. The New Jersey courts are to consider and identify: 1) the assets of both parties; 2) value the assets of the parties; 3) determine how the assets are to be divided. A small business will generally be valued by a court-appointed forensic accountant or professionals retained either jointly or independently by the parties. When there is more than one evaluation, the values provided often differ substantially. During the discovery phase of the divorce, each party will have to provide information pertaining to his or her interest in the business. If some of this business information is confidential or proprietary, the parties can execute a confidentiality agreement to protect this information from reaching the public. The accounting and record books of the business will be analyzed and evaluated by the forensic accountant as well as by each party's lawyer. In addition, depositions will most likely be taken with the parties and anyone else that has information regarding the business that may be important to the valuation process. In many cases, one party has very little knowledge regarding the other party's business, especially if he or she was never involved with it. Throughout the valuation process and during discovery, all parties to the divorce should be made knowledgeable about all aspects of the business If you have questions regarding a small business divorce or the process of equitable distribution in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information on small business divorce, equitable distribution, or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney

Monday, November 11, 2013

Fault vs. No-Fault Divorce in NJ

As if understanding and navigating through a divorce is not already complicated and confusing enough in New Jersey, knowing how and what kind of divorce to file, fault or no-fault, can be perplexing. in 2007, New Jersey joined the majority of the other states in permitting its residents to file for no-fault divorces based upon irreconcilable differences. This change in the law afforded couples who were contemplating a divorce with a more expedient legal method of obtaining a divorce. Couples who file for a no-fault divorce, citing irreconcilable differences, simply have to allege that their marriage has broken down and that there is no reasonable expectation of a reconciliation. Before 2007, divorcing couples only had the option of filing for a fault based divorce, which means that one or both spouses had to allege that the other committed one of the statutorily enumerated harms or grounds for divorce against the other. Examples of these grounds include: adultery, physical abuse, willful desertion, continued drug or alcohol abuse, prolonged separation, and mental cruelty; amongst others, pursuant to N.J.S.A. 2A-34-2. Filing for a no fault divorce, citing irreconcilable differences, allows the parties to dissolve their marriage without being compelled to allege or defend against potentially embarrassing accusations. Further, if the parties choose to file for a no fault divorce they may avoid having to endure a lengthy trial which alleviates the emotional burdens that a trial could bring upon them, their children, and their families. All of the states currently allow couples to obtain a divorce based on either the no fault ground of irreconcilable differences or on the grounds of separation, but about two thirds of the states still recognize fault based divorces. These states allow a party to make fault based allegations against the other as the reason he or she is seeking to dissolve the marriage. Before any party considers whether he or she will seek a no fault or fault based divorce they should contemplate how each choice may affect them or their family. If you or someone you know is considering filing for a divorce in New Jersey you or they should seek out the advice of an experienced attorney. For more information about divorce, contested divorce, uncontested divorce, alimony, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Thursday, November 7, 2013

Same-Sex Marriage and Adoption - Things to Remember

Now that New Jersey recognizes marriage equality, same-sex couples may decide to adopt children as they build their families, but there are some things that they should keep in mind before doing so. As of October 21, 2013, New Jersey has become the 14th state in the United States to recognize same-sex marriage equality. Gay and lesbian couples throughout the state are enjoying the opportunity to express their love, legally join their lives, and for the first time have the state of New Jersey and the federal government recognize that love as equal to that of opposite sex couples in the eyes of the law. Going forward, many members of the LGBT community are going to thrive and build their families in their pursuit of the American dream. Adopting a child or children may be an integral part of forming new families and achieving that dream. Of course, the adoption of a child and the building of a family are deeply personal decisions for any married couple - same or opposite sex. Unfortunately, for same-sex couples there may be some legal impediments or detriments that couples previously in a civil union or not married may not be aware of and should recognize before they decide to officially become married in this state. First, there are some potential negative tax implications for same-sex married couples looking to adopt as opposed to couples in a civil union. If a gay or lesbian couple decide to marry they will forfeit their right to take advantage of the state adoption tax credit. Further, if married, the couple may also lose the right to some income-based federal benefits. If they are legally married, these income-based federal benefits may be lost if the joint income of both spouses is considered in the determination of eligibility. Similarly, when the adopted child reaches the age when he or she is about to matriculate to college, the married status of the same-sex couple will have implications on filing for federal student financial aid. Although the status of marriage equality across the United States seems to be progressing as, one by one, the states are beginning to recognize same-sex marriage equality, there are still many nations around the world that vehemently oppose the practice. Marriage could seriously diminish a same-sex couple's opportunity to adopt a child from a foreign country that opposes marriage equality. Many nations will refuse to permit the adoption of a child to a gay or lesbian married couple, simply because the nation disagrees with marriage equality. If you are considering entering into a same-sex marriage or are in a same-sex marriage and interested in adopting the child of your spouse or both of you wish to adopt a child together, you should consult with an attorney with the knowledge and experience to give you the help you need. For more information on same-sex civil union, adoption, same-sex relationship dissolution, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, November 4, 2013

Social Media Further Complicates Divorce, Alimony and Child Support

As if everything that becomes part of a divorce proceeding is not complicated enough, new trends in social media seem to complicate many aspects of a divorce such as calculations for alimony and/or child support. At an ever increasing velocity, people from virtually every age demographic are beginning to embrace the various forms of social media to connect with each other and share moments of their lives. There is no doubting that the pervasive use of social media has drastically impacted society and the lives of all of those who make use of social media hubs such as Facebook, Instagram, and Twitter. Although many people would be quick to note that these social media forums have positively impacted their lives, it is very important to acknowledge the very real and very negative impact they could have during divorce proceedings. In a divorce, during the equitable distribution phase, the value of marital assets becomes a critical aspect when the parties are negotiating a divide of the marital estate. Social media activity can indirectly or directly provide the opposing party and thus the court with a chronicle of a party's financial health and activity. For instance, if a party has been posting pictures of the vacations they have been going on or the new car they just bought, they are providing their adversary with information that may profoundly affect their legal strategies. Further, similar activity across social media websites could make it very difficult for a party to claim financial hardships - which impact the amount of alimony and/or child support that he or she may end up being obligated to contribute. In addition, even information that one party may post on an internet dating service website could be used to prove salary range or career moves. The takeaway from this discussion should be that any person who is currently engaged in a divorce or who is contemplating that they will be divorcing in the future should pay particular attention to his or her social media identity. Anything and everything that he or she posts can and may be used as evidence in many of the normal aspects of a New Jersey divorce proceeding. If you or someone you know is considering filing for a divorce in New Jersey you or they should seek out the advice of an experienced attorney to help prepare and guide you through the divorce process. For more information about divorce, equitable distribution, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Sunday, November 3, 2013

Does Ex-Spouse Cohabitation With New Paramour End Alimony?

In the state of New Jersey, may people believe that if they have been divorced in the state and now have an alimony obligation, that obligation will cease if their ex-spouse begins to cohabitate with a new significant other. Some may find it very surprising that this is not necessarily the case. A person may have to prove much more than the fact that their ex-spouse is living with a new significant other to terminate an alimony obligation. Under the laws of New Jersey, a party who wishes to terminate his or her alimony obligation must prove that their ex-spouse is first engaged in an intimate and enduring relationship with a new person. This party must also prove that the ex-spouse and his or her new paramour have engaged in duties and privileges that are commonly associated with marriage, which includes - living together, commingling of finances, sharing living expenses, and the recognition of the relationship among the new couple's family and friends. Beyond this, a person must show that his or her ex-spouse has economically benefited from the cohabitation with the new significant other. Even if a party is able to prove all of the aforementioned elements, the court may only reduce the alimony obligation instead of terminating it altogether. In order to be in the best position to receive some relief from the court, a party should be prepared to demonstrate that the ex-spouse's significant other either supports them or lives with them without contributing support. In order to prove this, a party will have to present to the court a comprehensive overview of the financial arrangements of all of the other parties involved, which could prove to be a difficult and expensive endeavor. If you are facing a spouse's efforts at alimony reduction or seeking to reduce or modify alimony you should obtain an experienced family law attorney to advise you of the likelihood of success in your matter and guide you through the process. For more information about alimony or spousal support in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information on alimony/spousal support, contested divorce, high net-worth divorce or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Wednesday, October 30, 2013

Civil Unions Are not Automatically Converted to Marriages In NJ

As a result of all of the recent and swift changes in New Jersey regarding same-sex marriage, many gay and lesbian couples who previously joined their lives in a civil union, are wondering if their civil unions will be automatically converted to marriages under New Jersey laws. Unfortunately, the answer is, no. New Jersey civil unions will not be automatically converted into state-sanctioned marriages. The fact that civil unions do not automatically convert to legal marriages can have significant consequences on the legal status of same-sex spouses throughout the state. This past summer, the United States Supreme Court struck down portions of the Defense of Marriage Act, effectively allowing same-sex couples, who were legally married in the states where they lived, to receive federal benefits as a married couple. The United States Supreme Court specified that civil unions are not recognized by the federal government and therefore do not entitle couples to receive federal benefits under the ruling. New Jersey Superior Court Judge Mary Jacobson held last month that same-sex couples are not afforded equal protection under the laws of New Jersey because they are not afforded the same privileges and rights as heterosexual married couples. Quickly thereafter, as of October 21, 2013, New Jersey began to issue marriage licenses to same-sex couples offering the opportunity to obtain all the protections and rights afforded under the laws pertaining to heterosexual couples who choose to marry. The Superior Court's ruling offered no direction pertaining to the status or validity of same-sex civil unions or whether they would be converted to marriages by operation of law. Therefore, couples in viable civil unions seeking the status of married couples must still obtain a marriage license and participate in a formal ceremony to obtain the state and federal benefits afforded to legally married spouses. The benefits to members of the LGBT community already in civil unions who now enter formal marriages include tax benefits, social security benefits, and immigration rights, they must file to obtain a marriage license. If you have questions regarding the status of a civil union in New Jersey, the implications and validity of any existing support or promissory agreements prepared between yourself and your spouse or other matters which may be affected by the approval of marriages by the NJ courts you should consult you consult with an attorney experienced in both civil union law and traditional family law to ensure you are protected. For more information about same-sex civil union, same-sex relationship dissolution, adoption, alimony, child support, custody or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, October 28, 2013

Change Of Custody In Emergent Situations

The most common legal methods and remedies for a change in custody may not always be the best course of action in emergent situations in which a child's health or safety may be at risk. In New Jersey, issues regarding child custody and visitation are typically among the most difficult in family law because of the extreme emotions that arise for all of the parties involved. In actuality, most parents usually do not even realize that a change in custody is required until an emergency situation requires quick and instantaneous legal intervention to prevent physical or emotional harm to a child or children. The usual legal channels for a change in custody may not provide a child or a parent with the swift remedy that an emergency situation requires. In the state of New Jersey, a parent whether in a divorce, separation, or non-dissolution situation may petition the court to modify a child custody arrangement at any time if circumstances have changed or other issues require an amendment to an existing order or agreement. This process involves either the party or his or her lawyer submitting motions to the court requesting the modification, and this could take weeks or even months to finalize. If a child is in a situation where one parent is abusing drugs and/or alcohol, is battling mental health issues, exposing the children to a sex offender or other abusive individual or is in any other way placing the child's safety at risk - a month, even a week, may simply be too long to wait. For such emergency situations in New Jersey, a parent, his or her attorney, or even a DYFS caseworker can seek an emergent hearing or an emergent court order requesting an immediate change in custody for the protection of a child. In these instances, a court will evaluate what is in the best interests of the child and what is required to immediately protect the child from being in a situation of significant risk of harm. Keep in mind, a court will not be inclined to grant an emergent hearing or issue an emergent order to change custody unless the situation clearly dictates that there is no other available remedy to address the situation. Further, even in the event that the court changes custody on an emergent basis, a hearing will be scheduled to re-assess the emergency modification shortly after the emergent order was issued. If you believe your child is in harms way and an emergent hearing is in order to protect them or someone has wrongly accused you of placing your child in danger file for an emergency change in custody you should obtain experienced legal counsel immediately. For more information about custody & visitation, DYFS, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Friday, October 25, 2013

To Mediate Or Not To Mediate

Going through a Divorce in New Jersey can be a very complicated process, for those entrenched in this arduous course of action, mediation may be a valuable option. Mediation is a process whereby parties to a divorce can go before a mutually agreed upon neutral party, the mediator, and attempt to resolve issues pertaining to the divorce. Mediation offers a less expensive and quicker alternative to having to petition and go before a court of law to resolve the issues in the divorce. The goal of a divorce mediation is to have the parties agree to terms which can be transferred to a formal divorce settlement agreement. Perhaps the primary concern for parties seeking to engage mediation during their divorce is the qualifications and experience of the divorce mediator. In order for the mediation process to be efficient and effective the parties should be motivated to peacefully negotiate and the mediator should be able to properly advise the parties as to the applicable laws regarding equitable distribution, alimony, as well as other issues that arise during a divorce. In addition, a qualified divorce mediator should know how a court would likely rule on an issue so that he or she could attempt to help the parties reach an equitable agreement on such individual issues. It is critical that parties research the qualifications of a divorce mediator before engaging the process. There are many professionals throughout New Jersey who refer to themselves as "mediators," but who have limited experience actually conducting mediations. Parties should take the time to research the certifications and experience of any professional mediator that they may be researching or hiring. A divorce settlement agreement or any terms contained therein may be unenforceable in court if an inexperienced or unqualified mediator is not knowledgeable with regard to the current laws of New Jersey. In sum, mediation can offer a cost effective and time sensitive alternative to resolving divorce issues, provided that the mediator is qualified to conduct the mediation and draft the agreement. If you are thinking about filing for divorce or utilizing mediation during your divorce proceeding it is advisable that consult with an attorney who has experience in this area of the law. For more information about mediation, equitable distribution, divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Thursday, October 24, 2013

Adoptions in New Jersey

In New Jersey, adoptions are governed by a state statute. The New Jersey Adoption Act, N.J.S.A. 9:3-37, is the evolution of years of legal modifications to the laws regarding adoptions. The law attempts to satisfy both the best interests of the child with the rights and obligations of the adoptive parents and the biological parents. In the Garden State, there are multiple methods that people can employ to adopt a child. For example, there are private adoptions where prospective adoptive parents seek out the assistance of a state-approved agency. There are also step-parent adoptions and same sex couple adoptions - just to name the most popular. Despite which method of adoption a person or couple chooses, the New Jersey Adoption Act governs and guides all the adoptions in the state of New Jersey. A state-approved agency in New Jersey, is a government agency such as the Division of Child Protection and Permanency (DCP&P) or a non-profit agency that is approved through the Commission of Human Services to conduct adoptions. The New Jersey Adoption Act prevent state-approved adoption agencies from discriminating in the selection of adoptive parents for any child on the basis of age, sex, race, natural origin, religion or marital status. If an agency places a child in the home of prospective adoptive parents, these parents can file a Complaint for the adoption of the child after the child has resided in their home for a period of six months. In non-agency methods of adoption, prospective parents may also file a Complaint for adoption, but in this case, the court will give the prospective parents temporary custody of the child and will appoint an approved agency to oversee the process. The agency will then make sure that the biological parents' have surrendered their rights to the child and conduct other investigations to ensure that the tenets of the New Jersey Adoption Act are being properly followed by all parties to the adoption. A step-parent may also move to adopt a child who has acted like the step-parent's child for a long time. If the step-parent has fulfilled the responsibilities and obligations of an absent biological parent, the process may be even easier to effectuate. In these situations, a court may bypass the agency investigation and report requirements and gather evidence at a hearing to determine the facts of the situation. If and when any adoption is finalized, the process will bestow upon the adoptive parents all the rights and responsibilities of the biological parents and, in the legal sense, it is as if the adopted child was born to the adoptive parents. If you are considering any of the aforementioned methods of adoption in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information about adoption, child support, divorce, alimony or other family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Tuesday, October 22, 2013

Same-Sex Marriage Begins In NJ, Are Civil Unions A Thing Of The Past?

Yesterday, October 21, 2013, gay and lesbian couples in communities throughout New Jersey received hope that Civil Unions may be a thing of the past and as marriage ceremonies and celebrations began at sunrise. These couples believe it is likely that, going forward, same-sex civil unions will no longer be the lesser option available to members of the LGBT community who wish to express their love for their partners with the same rights and protections afforded heterosexual couples. Many same-sex couples throughout the state rushed to be among the first to effectuate their marriages after a New Jersey Superior Court Judge's ruling effectively allowed New Jersey to join the 13 other states that recognize gay and lesbian marriages. Going into the weekend, many of these couples did not even know if their ceremonies would take place as the New Jersey Supreme Court unanimously rejected Governor Christie's request to push back the date for the implementation of the same-sex weddings. The governor requested that the New Jersey Supreme Court overturn the trial court's ruling, effectively delaying same-sex weddings, until an appeal could be heard on the issue. Although the Supreme Court agreed to hear the appeal in January 2014, it rejected the request to overturn the lower court's ruling. On Monday, October 21, 2013, Governor Christie announced that he is dropping his appeal to overturn the lower court's decision. The governor stated that he decided to drop the appeal because the Justices of the New Jersey Supreme Court have made it clear they would rule in favor of gay marriage in January if they were to hear the case. Therefore, as of yesterday New Jersey became the 14th state in the United States of America to recognize same-sex marriage. Is this really the end of the battle? Time will tell. In the meantime, LGBT couples will still have the option to engage in civil unions as a means to legally validate their love. Couples are not required to engage in a marriage ceremony under the recent developments within the state. Civil Unions will continue to offer same-sex couples an option to legally join their lives. Whether they will have to be ratified later in order to receive the full protections enjoyed by married couples is unknown. If you have questions regarding the protections afforded by civil unions in New Jersey it is important for you to consult with an attorney with experience in this area of the law. For more information about same-sex civil union, same-sex relationship dissolution, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, October 21, 2013

Man With Lifetime Alimony Gets Jail Time

A New Jersey man is so far behind in his lifetime alimony payments that he routinely gets sentenced to jail time for not paying his ex-wife her alimony and his child support payments. The Bergen county man worked as a portfolio manager at a major investment group and at one time made as much as $1 million a year. He and his ex-wife divorced after 17 years of marriage and was ordered by a New Jersey court to pay alimony and child support. As of August, 2013, the man has been sent to jail at least eight times in the span of two years for missing his court-ordered alimony obligations. The reason he has been missing his alimony payments is because, like so many people throughout New Jersey, his salary and job security has been the victim of the unstable national economy. In order to keep up with his court-ordered alimony and child support payments he has exhausted his life savings. His court-ordered annual alimony and child support obligation total almost $100,000 a year. The man feels that the laws of the state of New Jersey with regard to lifetime alimony are completely unfair because if a payer’s life circumstances changes and he or she cannot continue to pay the amount of alimony that the court ordered, they can be jailed for contempt of court for missing payments – even if they are out of work and out of resources to make the payments. Although, New Jersey law does allow post judgment modification of alimony and child support in some cases where a party can show a significant “changed circumstance” that would necessitate court intervention, many law makers are pushing to change the archaic laws concerning lifetime alimony in New Jersey. Currently, there are two bills before the New Jersey Legislature focused on this goal. Getting the court to modify alimony and child support amounts could be difficult and require paying an attorney to carry out the process. If you need to petition the court to modify your alimony or child support payments you should seek out the advice and counsel of an attorney who has experience in his area of the law. For more information about alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Friday, October 18, 2013

Complexity Of A High Net-Worth Divorce

In New Jersey, divorces are complicated proceedings for most people who have to endure them, but high net-worth divorces add a greatly increased level of complexity for those people who have significant wealth. High net-worth divorces involve a party or parties who have accumulated great wealth and assets. The reason that high net-worth divorces can become more complicated than other divorces is because these divorces usually involve substantial incomes, assets, investments, and liabilities. The laws of New Jersey require the equitable distribution of the assets and liabilities that were accumulated during the duration of the marriage. Therefore, it logically follows that for individuals who have more finances, more investments, more assets, and more liabilities than the average person, the more complex and difficult the divorce process becomes. Although each high net-worth divorce is different, there are some common issues that tend to arise in high net-worth divorces. Often, individuals who have acquired significant wealth are involved in a myriad of varying lucrative business arrangements as well as investment opportunities including stock options and deferred compensation plans. During equitable distribution, dividing these diverse assets and liabilities can become extremely complicated and require evaluations by specialized financial advisors and forensic accountants. Complicated retirement plan structures including pensions, 401k plans and other retirement plans that were contributed to during the term of the marriage or civil union are also subject to equitable distribution and require analysis and proper accounting. Further, investments such as options, REITs, tax sale certificates, real properties and others need specially trained accountants and other financial advisors to conduct current and future valuations to determine how these assets could and should be divided as a consequence of the parties' divorce. Beyond equitable distribution all other aspects of high net worth are magnified in complexity. For instance, issues concerning alimony and spousal support become more difficult to negotiate as the parties have become accustomed to an unusually high standard of living. In addition, after a specific income ceiling, New Jersey’s child support guidelines only serve as the starting point for determining the child support obligation and then other factors are considered to determine whether the child support amounts should go above the amount dictated by the standard guidelines. If you or your spouse or partner have amassed substantial wealth and are considering divorce, it is absolutely necessary for you to have an experienced family law attorney at your side to protect you and your lifestyle. For more information about high net-worth divorces, equitable distribution, alimony, child support and other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Thursday, October 17, 2013

Complicated Divorces Can Grow From Business Ownership

Whether you are a contractor, an accountant, a professional entertainer or operate a manufacturing plant, your spouse or civil union partner can seek a portion of your business proceeds and assets in a highly contested divorce. When one or both parties to a divorce owns a small business, the business can complicate divorce proceedings as the divorcing couple attempts to equitably distribute assets. During divorce proceedings, a party may seek an interest in the business and substantial alimony which will allow them to continue to enjoy the lifestyle provided by the hard work of the business owner during the marriage. A divorce can create major issues for the business owner and their business partners. New Jersey courts provide for wide discovery rules. Judges can authorize either party to request a very wide scope of documents and information regarding the business and its value. Further, this means that all of the documents, unless there is a confidentiality order, will become part of the public record. If business information becomes public record it will become available for all competing businesses to view which may result in the loss of your business' competitive advantage. In addition, courts will attempt to ascertain the fair value of the business which is distinguished from the fair market value of the business. This process can become very complicated. The valuation of the business will depend a great deal on the business' demonstrated cash flow, assets, accounts payable and receivable statements, payments of insurance, travel, vehicle expenses and other typical business write-offs as well as payment of pension plans to employees, and other factors. During the divorce, a party may seek an equitable interest in the business. It is difficult to determine just how much of an interest a spouse is entitled to because, as previously mentioned, there are factors such as the fair value of the business which are specific and particular to each individual situation. Even if a business was started before the parties were married, or the owner became the owner through an inheritance, the other party is entitled to seek an equitable interest in the appreciation in the value of the business that occurred during the marriage and even the term prior to the marriage where the parties lived together as a family depending on the facts. Cash flow from a closely-held or family owned business is often the main or sole source of income for a person, a family,or families. Whether you are the business owner or the supported spouse, it is critical that you obtain experienced legal counsel to guide you through discovery, the business valuation process and the divorce itself. For more information about small business divorce, alimony, equitable distribution or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way is it intended to replace the advice of an attorney.

Tuesday, October 15, 2013

Can A Second Parent See The Child After Termination Of A Same-Sex Relationship?

In New Jersey, many may wonder about what happens to the second parent in the event that same-sex couple's relationship ends. In truth, since New Jersey does not recognize marriage equality, if the couple were raising a child, this situation may cause a problem. The legal status of the non-legal or non-biological parent may be jeopardized when it comes to issues of child custody. When heterosexual couples break up, the courts will intervene to order an equitable resolution to child custody issues. Same-sex couples do not automatically have these legal protections available to them. In some instances, the courts may even find that the second parent in the dissolved gay and lesbian relationship has no rights even if he or she has spent years raising the child. In fact, courts may be inclined to award full custody to the legal/biological parent who would then have the legal authority to prevent the second parent from having any contact with the child that he or she loved as though the child were their own. The Family Court has the discretion to render decisions based upon what is within the child's best interests. Therefore, some courts may award an LGBT second parent with some visitation rights if it is found that the second parent was such an important figure in the child's life that it would be within the child's best interests to maintain a relationship with the second parent. In many cases, these second parents have served the responsibilities of being a full parent to the child and depriving contact with the child would likely result in more harm to that child than good. Further, the court may look to such factors as 1) the duration of the relationship between the same-sex parents and how long the child was a part of the second parent's life before the parties' relationship ended; 2) whether the natural parent nurtured the relationship between the child and the second parent and 3) whether the second parent assumed the duties of child rearing to an appreciable degree. In sum, the answer to the question "What happens to the relationship between the child and a second parent when a same-sex relationship ends" is not one that is easily answered. To protect their parental rights a gay or lesbian second parent should adopt. In the alternative, although providing less security for their rights a parent, they may wish to enter into a parenting time or custody agreement with the legal/biological parent to provide guidance for the courts in the event that the relationship one day dissolves. If you are involved in a custody dispute, whether in a same-sex or heterosexual relationship, it is critical that you seek advice from experienced legal counsel. For more information about civil unions, parenting time, custody and visitation, child support, same-sex relationship dissolution or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, October 14, 2013

DYFS Title 30 Cases Apply If No Abuse and Neglect

Recently, the New Jersey Supreme Court in DYFS v .I.S., A-81-11, reset the standards for invoking New Jersey's child abuse statute, Title 9, for cases of child custody cases absent a finding of abuse and neglect against a parent. The Court held that the lower courts must apply Title 30 to cases that do not involve abuse and neglect. Cases brought under Title 30 must adhere to difference procedures and standards to determine what course of actions should be taken to ensure the safety of a child in an at risk situation. The New Jersey Supreme Court found that if a lower court determines that there is no finding of abuse or neglect against a parent, a trial judge should proceed under Title 30 to determine if the parent has been "unfit to be entrusted" with the care of his or her child. Under such a determination, DYFS (now formally called the Division of Child Protection and Permanency or the DCP&P) would be allowed to engage the family and offer services, resources, and other assistance to help the unfit parent to rectify the harms that he or she has been exposing the child to. If, over time, the parent does not comply with the services and resources that DYFS provides, the child may be taken away from the parent and placed in DYFS's care. Essentially, by proceeding under Title 30, the court has a much broader scope from which it can intervene in a family situation to protect the interests of a child. Prior to the ruling in I.S., if a court could not find that a parent abused or neglected the child under Title 9, the action would have been dismissed. Under Title 30, the court orders must be reviewed every 6 months, and parents who have lost custody of their children are permitted to prove that they have taken steps to remove the harm that their child was placed in and therefore custody of their child should be returned to them. In order for parents to regain custody of a child that DYFS has removed from their care, they must comply with the services, evaluations, and programs that DYFS will offer to them as a means to demonstrate that they are fit to be a parent. If you are involved in DYFS case it is critical that you have experienced legal counsel at your side to guide you through the legal process. For more information about DYFS, custody & visitation, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Wednesday, October 9, 2013

The Divorce Case Management Conference

The process and procedures involved in a divorce can become quite complicated, an important component of a divorce case is the case management conference. A case management conference is held after the divorce complaint has been filed by the plaintiff with the court and the defendant has submitted a response. After these initial pleadings have been filed, the court will schedule a case management conference. The purpose of a case management conference is to bring the parties together in court to discuss the initial issues that are involved in the divorce process. During the conference, the parties will discuss the items that will be requested during the discovery process and to implement a discovery schedule. During the discovery process, the parties provide each other's attorneys with information regarding marital assets, property, debts, and income. This information will provide the court and the attorneys with the information necessary to determine the equitable distribution of such property and assets. In addition, at the conclusion of the case management conference the court will render a case management order which will set forth the discovery schedule and will include which, if any, experts may be required and when their evaluations, valuations, appraisals, and other important documentation will be due to the parties' attorneys. In New Jersey, most judges will require that the parties attend the case management conference and contribute to the preparation of the case management order. Further, the court will most likely order that the parties engage in parenting mediation and other measures to provide the parties with an opportunity to settle or resolve many of the impending issues that will surface in the impending divorce proceedings. Ultimately, the case management conference is an important first step in the divorce process that will attempt to set the path for the process and help the parties by providing the resources necessary to resolve as many of the property, child custody, child support, parenting time, and other issues as efficiently and quickly as possible. If you are considering a divorce or civil union dissolution it is critical that you have experienced legal counsel at your side to guide you through the legal process. For more information on Divorce, Custody & Visitation, Child Support, Alimony/Spousal Support, Mediation, Dissolution, Parenting Time or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Tuesday, October 8, 2013

Same-Sex Couples And Adoption

As the landscape of the family dynamic is changing across America, gay and lesbian couples are petitioning the courts in increasing numbers to adopt children and build their families. There are many different situations and social configurations that can lead a same-sex couple or partners to seek adoption. For lesbian partners not in civil unions at the time of the child's birth, one spouse may have given birth and the other may seek to adopt the child as a second parent or step-parent adoption (if the state where the couple resides permits such adoptions). Gay men may desire to do almost the same thing, either by using a surrogate to give birth to a child or by adopting a child through other means. In addition, in states that permit such, gay and lesbian couples may try to jointly adopt children so that both partners become the legal parents of the child at the same time. Joint or second parent adoptions may not be a potential option for many same-sex partners in the United States because some states continue to disallow same-sex partners from adopting children together. In New Jersey, same-sex couples are allowed to adopt a child together, whether it be a joint adoption or a second parent adoption. Additionally, as is the case with married heterosexual couples, New Jersey grants legal parent status to gay and lesbian birth partners when a child is born of a legal civil union. Still, it is recommended, even in these situations, that the non-biological parent seek a step-parent adoption to ensure that the legal rights of that parent are recognized if they were to travel to a state that does not recognize gay and lesbian relationships. Further, there may be options for gay and/or lesbian partners who cannot or do not wish to legally adopt a child. The parties can execute a legal parenting agreement indicating that although only one partner is the legal parent of the child, the other partner has certain rights and obligations over the child that effectively make them a parent. As the social scheme and dynamic of the structure of the "traditional family" continues to evolve, the law will reflect the changes and provide more options for gay and lesbian or couples who wish to adopt or co-parent children during their relationship. For more information about Same-Sex Civil Union, Dissolution, Adoption, Parenting Time, Custody and Visitation, or other LGBT Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, October 7, 2013

Not Ready For Divorce? Try A Separation Agreement

If you are not quite ready for a divorce, maybe you should first try a separation agreement. A couple contemplating divorce in New Jersey may want to take some time apart from each other to re-evaluate their feelings or weigh the future implications that a divorce may have on their lives. Divorce proceedings can become extremely complicated and difficult processes. While a conflict situation may seem to be headed in the direction of a divorce, it is very common that a couple may not be quite ready to make the life-changing, and potentially expensive decision to begin the divorce proceedings, on impulse. For people in this situation, there is an option. A legal separation can be bound by a separation agreement. Separation agreements afford couples who are contemplating a divorce with the opportunity to suspend, but not completely end their marriage. Therefore, the couple can take the time that they need to decide what is best for them in the future and how they will move forward. One of the primary benefits of a separation agreement is that it can function much like a contract or a pre- or post-nuptial agreement in that it can provide legal protections for each of the parties while they seek options such a marriage counseling, mediation or other attempts to reach a mutual reconciliation. The separation agreement is a document that both parties willingly and voluntarily enter into that can detail how particular issues between them are handled during the course of their separation period. Issues that can be addressed in a separation agreement include important life issues and considerations such as child custody and visitation rights, alimony and spousal support considerations, child support obligations, living arrangements, parenting time, and almost any other pending area of conflict between the parties. If the parties eventually decide to divorce, the separation agreement can act as a stepping stone or framework for the structuring of the impending divorce and the equitable distribution of assets. On the other hand, if the parents decide that after their separation period they want to try to reconcile, they can receive solace from the fact that while they were legally separated their interests and assets were legally protected. If you and your spouse or civil union partner wish to try reconciling your issues by way of temporary separation before tossing away the time you have together and the memories that go along with it, you should consult with an experienced family law attorney regarding a separation agreement to protect your rights and interests during any trial separations. For more information about Divorce, Custody & Visitation, Child Support, Alimony/Spousal Support, Mediation, Dissolution, Parting Time, Mediation or other Family Law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Friday, October 4, 2013

Same-Sex Marriage Debate in New Jersey Rages On

The debate on the same-sex marriage continues to rage on in the state of New Jersey in lieu of recent developments in the New Jersey judicial system. Last year, the New Jersey State Legislature passed a Marriage Equality law that would have allowed same-sex couples to marry in the states, but at that time, Governor Chris Christie vetoed the bill and temporarily ended the debate. On Friday September 27, 2013, New Jersey Superior Court judge Mary Jacobson ruled that same-sex couples in New Jersey must be allowed to get married, beginning on October 21, 2013. According to Judge Jacobson, gay and lesbian couples are being denied equal rights under the law and therefore must be allowed the right to marry just like heterosexual couples. If the state were to issue marriage licenses to same sex couples on October 21st, they would have all of the same state and federal benefits that heterosexual couples enjoy. Many marriage equality supporters from around the state joined together in celebration of Judge Jacobson's ruling, but does her ruling truly end the debate? The answer is, no. Governor Christie has stated that he will appeal Judge Jacobson's decision. Typically, the Appellate Division would first have to hear a challenged case, but in this instance state lawmakers and the governor have asked the New Jersey Supreme Court to consider the matter, circumventing the Appellate Division. On October 2, 2013, Governor Christie asked the judiciary to delay the enforcement of Judge Jacobson's order until the appeal can be decided by the Supreme Court. Judge Jacobson's ruling is the first of its kind since the United States Supreme Court released its ruling that the federal government cannot deny federal benefits to married same-sex couples. Judge Jacobson based her opinion in part on that United States Supreme Court decision. It is still too early to predict how Judge Jacobson's ruling will impact marriage equality in the state of New Jersey. Ultimately, this latest development proves that the debate over same-sex marriage in this state is still a hot topic and is far from over. With the legislature, the judiciary, and the governor all weighing in heavily on the debate over the past few years, the only certainty with regard to issues of same-sex marriage in New Jersey is that people throughout the state feel very passionately about the issue. Whether the legal status of same-sex marriage changes soon or not, has yet to be decided. If you are seeking to enter into or dissolve a civil union, there are ways to protect yourself and your partner under the existing laws by entering into contractual agreements where the law falls short of offering you protections offered to heterosexual married couples. For those in the LBGT community who are in long-term relationships and cohabitating, it is important to consult with experienced legal counsel regarding the steps you should take to protect your present and future interests under NJ Law. For more information on same-sex civil union, dissolution, divorce, custody, visitation, child support or other family law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Thursday, October 3, 2013

What Is Covered In Child Support Obligations

The expenses and items that are covered in child support obligation calculations are governed in New Jersey by the Child Support Guidelines. These guidelines were established to describe what items and expenses that child support obligations are supposed to cover. Besides the mandatory expenses that the guidelines automatically include in the calculation there are other potential items and expenses that should also be included if they are necessary to the functioning of a particular family. According to the Child Support Guidelines, allowable expenses for child support obligations include: Health Insurance for the Children: There are nominal costs for adding a child or children to a parent's health insurance policy which should be included in a child support obligation calculation. Further, it is important to note that the parent who lists a child or children on his or her insurance is only given a credit for the children's portion of the health insurance costs. Work -Related Child-Care Expenses: The cost of any work-related child care expenses incurred by the parent is included in the calculation. For instance, day care or day camp costs. To be included in the child care calculation, the cost must be assumed to care for a dependant, minor child or for a dependant who is physically or mentally disabled. Foreseeable and Recurring, Unreimbursed Medical Expenses: The first $250.00 of each child's unreimbursed medical expenses is included in a party's child support obligation under the Child Support Guidelines. If a particular child assumes regular and predictable unreimbursed medical expenses for an affliction, this expense should also be included in the child support obligation. If such expenses are not predictable, recurring, or foreseeable, then they are not included in the child support calculation but the cost should be shared equally among the parities based upon their income percentage. Other Court Approved Expenses: New Jersey Courts, at their discretion, can add to a party's child support obligation for foreseeable and/or expenses that are not routinely encountered by families. Some examples include: special need accommodations for children who are gifted or who suffer from disabilities; non-custodial parent transportation costs; or special educational costs. These aforementioned examples and other like examples must be approved by the court to be included in a basic child support obligation. Although it seems reasonably simple, everyone has heard horror stories regarding child support from friends or family members and knows such matters must not be taken lightly due to significant financial consequences for the parties. If you are seeking a divorce or dissolution of a civil union or wish to modify an existing child support order you should consult an experienced family law attorney immediately. For more information about child support, emancipation, divorce, civil union dissolution, child custody or other family law matters in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Wednesday, October 2, 2013

Pre-Marital Agreements Require More Consideration in New Jersey

Pre-nuptial agreements are becoming more and more popular in New Jersey, but these pre-marital agreements now require more consideration than before. Recently, the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act was revised in such a way that makes it harder than before to break that agreement even with changed circumstances. A pre-marital or pre-civil union agreement acts as a contract between two people to determine the distribution of property and assets in the event that the union dissolves. When these agreements are being established and executed, parties usually do not consider that the dissolution of their relationship is a realistic possibility and draft the agreement on emotions rather than on practicality. Parties may fail to consider situations that may require an agreement to revised after it has been executed - such as a serious illness, disability, or the inability to work. These situations may leave one party in a greater need of support than the other. Recently, Governor Chris Christie signed amendments to the law that make it more difficult for a party to revise a pre-nuptial or pre-civil union agreement. The new amendments to the law specify that a New Jersey court can only alter or revise an agreement if the party wishing to revise the agreement can prove that it was unconscionable at the time it was executed. For instance, such an agreement would be considered unconscionable if a party entered into the agreement without full knowledge of the other parties' property, assets, or debts and without voluntarily waiving his or her rights to such knowledge. A court would be likely to modify an agreement that was signed under these circumstances. On the other hand, New Jersey courts will no longer void or modify agreements based on happenstance or changed circumstances that occur after the agreements have been executed. Ultimately, for a pre-nuptial or pre-civil union agreement to remain effective certain factors must be successfully satisfied. The agreements must be willingly and voluntarily executed by the parties and must be memorialized in writing. Next, all parties to the agreement must disclose all of his or her fiduciary liabilities and assets in order to ensure that the agreement is not unconscionable at execution. Then, the parties must have the execution of the agreement notarized. Since pre-nuptial and pre-civil union agreements are becoming more popular as family dynamics and family constitutions are changing in the Garden State, any person who may be considering instituting such an agreement before they get married or enter into a civil union must educate themselves on the changing legal status of such agreements and how the validity of such agreements may or may not be challenged after execution. If you are considering entering into a marriage or civil union and wish to protect children of a first marriage, there is great disparity in the income or new worth between you and your intended, you should consult with an experienced family law attorney to learn your rights and liabilities in the event things do not last. For more information regarding Pre-nuptial, Pre Civil Union agreements, alimony, equitable distribution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Monday, September 30, 2013

Divorce And The Fight Over Beloved Pets

Fighting over a beloved pet in a divorce, dissolution, or separation can be one of the most difficult and heart-wrenching aspects of the entire process. People fight over a great deal of property, but few items are as vigorously contested as who will possess the loving family pet. Historically, New Jersey courts would treat pets similar to that of personal property and preferred to refrain from making determinations that directed to whom the pet would live with. In 2009, the New Jersey Appellate Division in Houseman v. Dare, re-visited this issue. In Houseman, a Gloucester county Family Division trial judge awarded a litigant $1,500 in compensation for a dog that that opposing party kept in violation of an oral separation agreement that claimed otherwise. At the trial court level, the judge ruled that monetary damages were sufficient to remedy the issue, but the Appellate Division disagreed and expanded that decision to include specific performance of the term of the agreement as an additional potential remedy for situations like this. The Appellate Division's ruling essentially re-classifies the status of pets in the eyes of the law. In his opinion, the Appellate Division judge compared pets to a family heirloom, in which money alone, could not take the place of the love and sentimental value that people feel towards their cats, dogs and other animal friends. He found that "the remedy of specific performance can be invoked to address a breach of an enforceable agreement when money damages are not adequate to protect the expectation interest of the injured party and an order requiring performance of the contract will not result in inequity to the offending party." The judge goes on to specify that specific performance is recognized as an appropriate remedy when an agreement concerns possessions of property that induce a "strong sentimental attachment," because money damages cannot compensate the injured party for the "special subjective benefits he or she derives from possession." Ultimately, the Appellate Division's ruling compels future courts to view pets as property of a higher value in divorce, dissolution, and separation proceedings. Further, because pets should be viewed as property akin to sentimental family heirlooms, specific performance is viable remedy for a breach of contract in which one party does not honor a promise to give the other party possession of a pet in a divorce, dissolution, or separation agreement. The ruling in Houseman v. Dare should provide some comfort for people who anticipate that the custody of their beloved pet will be an issue in the dissolution of their relationship. If you are considering divorce or civil union dissolution and have pets you would like to keep, you should consult an experienced family law attorney to protect your rights. For more information on divorce, dissolution separation or other family Law matters in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Friday, September 27, 2013

Emancipation And Child Support

Emancipation status will affect child support payments. If and when a child becomes legally emancipated can affect a parent's child support obligation. New Jersey is widely considered to be one of the most difficult states in which emancipations are granted. The reason for this is because although turning the age of eighteen is a major factor in the consideration of emancipation, it is not solely determinative. Determining when a child is legally emancipated from his or he parents is important for many social considerations, but it is an extremely integral element in a parent's child support calculation because the child's emancipation status can be the life event that ends a parent's obligation to continue to pay child support. New Jersey statutory law does not expressly define the elements of emancipation and therefore case law and the courts serve as the main guidance to determine a person's emancipation status. This is also why defining emancipation in New Jersey can become a difficult and case-specific endeavor. The NJ Appellate Division in Filippone v. Lee, 304 N.J. Super. 301 (App. Div. 1997) held that with regard to emancipation, the determination is very fact sensitive and requires a court to consider "whether a child has moved beyond the sphere of influence and responsibility exercised by a parent and therefore maintains an independent status of his or her own ." This holding reveals that in many instances a child may not be legally emancipated until well after they turn eighteen years of age. If a child cannot "maintain a independent status of his or her own" because he or she is enrolled in a college or other educational program, the child is not or cannot obtain gainful employment, or there are considerable other factors that preclude a child from achieving independent status, they may not be emancipated at eighteen. The practical effect of this is that a parent's obligation to pay child support may persist for many years beyond the child's eighteen birthday. If a child chooses to enroll in a full-time college program, a parent's child support obligation may extend to that child's graduation from college, which could be at twenty-two or twenty-three years of age. The events that will most likely lead to a child's legal emancipation include: marriage of the child, the child's graduation from college or similar educational pursuit, the child gaining full-time employment after reaching the age of eighteen, the child joining the military, or if the child graduates high school and chooses not to matriculate to college. Recent case law indicates that once a child reaches the age of majority, eighteen years, he or she may voluntarily waive the right to support and seek emancipation from his or her parents even if a court would find otherwise. For more information regarding emancipation, child support, child custody, divorce, civil union dissolution, alimony or other Family Law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Thursday, September 26, 2013

Unequal Rights For Civil Union Couples- No Irreconcilable Differences Grounds For Dissolution

It may come as quite a surprise to some that irreconcilable differences is not a ground for civil union dissolution in the state of New Jersey. This means that same sex couples who wish to dissolve their civil union must file under one of the statutory grounds for divorce. According to N.J.S.A. 2A:34-2.1 (2012) the only grounds that gay or lesbian couples seeking to dissolve their civil union can file under are the following: 1) voluntary sexual intercourse between a person who is in a civil union and a person other than the person's partner in a civil union; 2) willful and continued desertion for a period of 12 or more consecutive months; 3) extreme cruelty, which is defined as including any physical or mental cruelty that endangers the safety or health of the plaintiff; 4) separation, provided that the partners in a civil union couple have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; 5) voluntarily induced addiction or habituation to any narcotic drug; 6) institutionalization for mental illness for a period of 24 or more consecutive months subsequent to the establishment of the civil union; or 7) imprisonment of the defendant for 18 or more consecutive months after the establishment of the civil union. The aforementioned grounds are analogous to the grounds that can be filed for married couples who wish to end their marriage, except for the fact that irreconcilable differences is clearly not an option for couples in a civil union. This dramatically effects the dissolution process for same sex couples. Many married couples willingly choose to file for divorce under the ground of irreconcilable differences because it is a much more expedited process as neither party will bear the burden of having to prove the truth of one of the aforementioned grounds - which also leads to a much more emotionally-charged and contested process. Couples in civil unions do not have that luxury and therefore will have to prove the truth of one of the other grounds in order to dissolve the civil union which will complicated the process dramatically. This compels the party who wishes to dissolve the civil union to choose from those enumerated statutory grounds. For instance, if a party chooses to file for dissolution based on extreme cruelty, that party will have to present the court with evidence that he or she was mentally and/or physically abused by the other party. This may prompt the other party to defend him or herself thus igniting emotions and complicating and lengthening the duration of the litigation. Although gay couples may not have equal rights when it comes to marriage in NJ, they still face the same issues when a relationship ends including child custody, child support, alimony, equitable distribution and more. If you are considering or facing dissolution of your civil union you should consult an experienced civil union attorney to protect your rights and help you navigate the process. For more information regarding same-sex civil union dissolution,custody, alimony, divorce or other family faw matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Sunday, September 22, 2013

How Much Would Alimony Reform In NJ Change Family Law?

Currently, there are two proposed bills before the New Jersey State Legislature regarding alimony reform that may transform divorce procedures in the state for years to come. The two proposed laws are S2750 and A3909 and, if passed, they will create guidelines for judges to follow when ordering alimony payments based on the duration of the marriage and would also eliminate permanent alimony awards altogether. The issue of the longevity of alimony has been debated in this state for decades. Many practitioners, law makers, and residents hold steadfast beliefs as to whether or not the current state of alimony should be reformed in New Jersey. The sociological perspective that supports the notion that alimony should be reformed in this state is based upon the notion that the need for permanent alimony no longer exists because most households consist of two working spouses who, in the event of the dissolution of the marriage, are capable of supporting themselves independently. Traditionally, permanent alimony existed to ensure that spouses (historically women), who remained home during the marriage to support the family in ways that did not earn money, were not left in financial ruin. Typically, these spouses either never entered the workforce or remained isolated from the workforce for so long that they found it extremely difficult to find suitable occupations because they lacked the skills that employers deemed necessary for employment. On the other hand, the alternative perspective is that there still remains large disparities in the earning potential between spouses. In the event of a divorce, one spouse usually still has a harder time financially supporting him or herself. In addition, one spouse usually serves as the parent of primary residence for their children, if the marriage spawned children, which creates additional financial hardships for that spouse. Therefore, the debate over alimony reform continues to rage on. The alimony reform bill which went before the Senate Judiciary Committee in May of 2013 places limits on the longevity of alimony based upon the duration of the marriage. The bill also provides courts with the option to make alimony awards "in the interests of justice" which means that it would still be possible for a court considering the totality of the circumstances surrounding a marriage to make an alimony award which would persist for and indefinite length of time, as justice requires. Therefore, the proposed law, although seemingly changes the landscape of alimony in New Jersey, would still leave the door open for courts to order long-term alimony awards if the particular situation required them to do so. If you are considering a divorce or modification of alimony you should consult an experienced family law attorney to learn what you may expect and obtain what you deserve. For more information regarding alimony, child support, civil union dissolution, divorce, equitable distribution, custody or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.