NEW JERSEY DIVORCE OVERVIEW:
Completing divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law from our experienced attorneys.
A Judgment of Divorce ("JOD") is a document signed by a judge of the Superior Court. The JOD terminates the marriage on the date it is signed by judge. The terms of the divorce are contained in a Marital Settlement Agreement ("MSA") that is the product of a negotiated settlement between the parties, or the terms are contained in the judge's findings after a trial. Either way, there will be a division of the couple's assets and debts, a determination of spousal support and a determination of the future care and custody of their children.
Most New Jersey divorces commence with the filing of a complaint based on irreconcilable differences - a no fault cause of action. It does not matter if your spouse had an affair with someone else or committed any type of transgression, except in the very rare instances such as the dissipation of assets. As between you and your spouse the only issues are the equitable distribution of assets and debts and, if appropriate, the calculation of spousal support. It is only amount money.
The courts are concerned with your children's best interests and emotion stability. Both parents have the obligation to support their unemancipated children. Most child support awards are based on New Jersey's Child Support Guidelines. High earners will have an obligation beyond the Guidelines amount. Judges will not permit either parent to put the children in the middle. They are not being divorced and are entitled to a loving relationship with both parents. A parenting plan will be included in the MSA or in the judge's decision in order to ensure that the children have those loving relationships. You and your spouse will have to co-parent for many years and must, in the children's best interest, avoid conflict. In the event there is an issue with a parent's fitness, the court can appoint an expert to evaluate the situation at any time either prior to or after the divorce. The court may also appoint a Parent Coordinator to help resolve any future conflicts.
Parties may file a post-divorce application to modify the terms of the MSA or the court's decision. In many instances, the application is filed on the bases of "change of circumstances". For example, if your child support obligation was based on a $200,000 income but you were involuntarily laid off and have been having a difficult time finding a job for the same about of pay, or are having trouble finding any job, then the court may find that your change of circumstances is both involuntary and permanent, and therefore grant you relief.
OTHER CHILD CUSTODY AND PARENTING ISSUES:
The courts have continuous jurisdiction over all New Jersey children who have lived in this for at least six (6) months. The courts, in their role as parens patrie ("parent of the state") will in most instances, place the best interests of the children over the rights of the parents. For example, regardless of what amount of child support the parties agree to, the court retains the right to modify that amount based on the needs of the children and other factors set forth in New Jersey law. Our attorneys remain vigilant in protecting the children during all phases of court proceeding and at all subsequent times.
Notwithstanding the strong public policy to protect children and ensure a loving relationship with both parents, there are instances in which the needs and rights of a fit parent take precedence over the children's best interests. Our expertise extends to the those type of cases that include, an application by the custodial parent for relocation of the children within the State of New Jersey or removal of the children outside the State of New Jersey. As long as the applicant can demonstrate a good faith reason for moving the children, the court will most likely permit the move and require a revision of the parenting plan. The other parent retains the right to object to the move but has the burden of producing evidence that it will cause harm to the children.
Our laws also provide siblings and grandparents with the right to contest a parent's decision to bar the sibling or grandparent from seeing the children. However, it has been determined by the United States Supreme Court and our New Jersey courts, that fit parent's retain the fundamental constitutional right to make decision with regard to their children. An applicant for grandparent visitation must demonstrate a compelling reason to overcome that right. Currently, unless the applicant demonstrates that he or she can show harm to the children arising from not seeing their grandparent, the parent's decision will prevail. This has become a very difficult standard to meet. This is an evolving area of law that our attorneys are proficient in handling.
DOMESTIC VIOLENCE:
New Jersey's Domestic Violence statute is civil in nature. However, the statute draws from the elements of certain criminal offenses to define acts of domestic violence. Once a Final Restraining Order is issued, any violation of the Order is criminal. In addition, there are other possible disabilities. For example, certain licensed professionals may have their licenses affected by the Order. Domestic violence matters must be taken seriously. It is strongly recommended that you have an attorney represent you.
There is a strong public policy to protect women against acts of domestic violence. This firm represents women and successfully obtains Final Restraining Orders. Unfortunately though, many women abuse the system and file frivolous or false claims. This fact combined with the reticence of most men to file a for a Restraining Order even though that have been attacked or harassed by a woman, often puts the man in a difficult position to defend himself in court. Paradoxically, if the woman voluntarily dismisses the case before a Final Restraining Order is issued, the man may have a problem in defending a subsequent claim of domestic violence. Our attorneys are therefore careful to evaluate all of the facts and circumstances of the case before recommending a course of action to our male clients.
PRE-NUPTIAL AGREEMENTS:
This is an agreement entered into prior to the marriage. There is a statute in New Jersey that sets forth the conditions that must be met in order to have an enforceable agreement. If those conditions are met, then the terms of the agreement will, in most instances, pre-empt the law of this State with regard to the division of assets, alimony, and a spouse's rights to an interest in the other party's estate at death. If you are contemplating marriage and are thinking about a Pre-Nuptial Agreement, you should consult with one of our experienced attorneys as soon as possible. An agreement presented to your intended bride or groom on the eve of the wedding may be unenforceable.
