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

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.

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.

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.

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.

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.

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.