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.