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.

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.

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

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.

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.

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.

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.