New Jersey Divorce Lawyers Blog

September 7, 2015

The Role of Infidelity in a New Jersey Divorce

Will evidence of my spouse’s infidelity affect our divorce?

Recently, personal information related to millions of users of an online dating site for married people became publicly available as a result of a data breach. Since then, there has been wide speculation regarding the potential fallout for exposed cheaters. Famous persons, political figures, and individuals from all walks of life apparently utilized the now-hacked website, created in an effort to facilitate affairs for married people. Although infidelity is one of the many grounds for divorce proceedings in New Jersey, it is no longer a smoking gun under the current no-fault divorce regime that exists across the bulk of the nation.

In New Jersey, adultery does not lead to any sort of punitive or other damages against the partner who was unfaithful. Typically, a couple’s assets and any debts or other liabilities that were acquired during the marriage will be divided “equitably” (not necessarily equally) upon divorce. This often includes any assets that are held in only one party’s name. As a general rule, the manner in which the title to an asset is held which was aquired during the term of the marriage, may be disregarded. Certain factors can, however, impact the manner in which that asset may be equitably distributed. Despite this, an adulterer may be required to reimburse the marital estate for any funds that were spent on an extramarital affair or paramour. For example, the money a cheater paid for an online dating site profile, hotel costs, and other expenses associated with an affair may be factored into a divorcing couple’s property settlement.

September 3, 2015

New Jersey Senate Passes Bill That Would End Child Support at Age 19

by Mark Goldstein, Esq.

In July, the New Jersey Senate passed a bill that would allow child support payments to automatically terminate once a child turns 19. Despite the proposed alterations in child support obligations, S1046 would allow such support payments to continue by court order in certain circumstances. For example, a parent or child may request that support continue for a child who is attending a secondary or post-secondary school. In addition, child support may continue under the proposed law for a recipient who has a serious disability that predates his or her 19^th birthday or when the Division of Child Protection and Permanency determines a child must be placed outside the home. The law would also preserve any arrearages that a parent may accrue prior to a child’s 19^th birthday.

According to bill supporters, S1046 aims to reduce the family court case load by reducing the number of situations where a New Jersey court is required to declare a child emancipated and terminate child support payments. In addition, supporters claim the proposed measure provides courts with the flexibility to continue child support payments when merited.

August 31, 2015

Restricting a Child’s Access to a Parent’s New Partner Following a New Jersey Divorce

by Mark Goldstein, Esq.

New Jersey’s Family Court Recognizes the Changing Times in Which We Live- Judge Rules that a Permanent Restriction on an Ex-Spouse’s Paramour Staying over His or Her House When the Child is Residing at the Home May NOT be Enforceable.

Can my ex-husband allow his new girlfriend to spend the night while our child is at his home for parenting time? This is the question that Mrs. Mantle, an Ocean County post -divorce litigant wanted to know. She believed she could enforce such a restriction. The Court believed otherwise. Judge Lawrence Jones sitting in the Ocean County Superior Court, Family Part, was willing to tackle this sensitive issue we family law practitioners frequently encounter in the divorce cases we handle at Goldstein Law Group. Until now, there was little guidance on what time periods or other conditions, if any, were reasonable for an ex-spouse to ultimately expose his or her children to that spouse’s new significant other, in particular, to have the paramour sleep over the house when the children were also residing there. We, as family law attorneys, counseled our clients accordingly, based upon the ages of the child or children, the living arrangements, any psychological issues the child or the parties were facing, and other case sensitive factors. In many instances, the parties sought to impose “DaVita” restraints (taken from the case in which Mr. and Mrs DaVita addressed such issues, and there were restraints imposed on the exposure of children post-divorce to a parent’s significant other. Here, Judge Jones recently ruled that blanket DaVita restraints are not generally enforceable. Rather, divorcing parents may not permanently ban a child from interacting with a parent’s new significant other without proof of inappropriate conduct. In Mantle v. Mantle, two divorcing parents agreed to indefinitely restrict either parent’s new paramour from having access to their child during parenting time. A few months later, the child’s mother sought to enforce the open-ended “no exposure to dating partners” requirement on his father. Despite this, the mother did not assert that the father’s new girlfriend committed any inappropriate or harmful acts in the presence of her son.

According to the family court, a 1976 Appellate Court case upheld a trial court’s decision to place a restriction on a child’s access to his or her parents’ dating partners. In DaVita, the court ruled the trial court did not abuse its discretion when it granted a mother’s request that her former spouse’s girlfriend be prohibited from spending the night during the father’s parenting time. In that case, the court added that the decision was not contrary to the current societal norms in the community.

August 1, 2015

Separation and Divorce in New Jersey

by Mark Goldstein, Esq.

My spouse and I would like to legally separate before deciding whether to divorce. Can we do this?

The legal separation of married couples is technically not permitted in the State of New Jersey. Instead, spouses may choose to separate informally, enter into a separation agreement, or consider a limited divorce. In a “divorce from bed and board,” (also known as Limited Divorce) a married couple has the option to end their marriage from a financial standpoint while still remaining legally married. Since it may be revoked, a limited divorce makes it easier for spouses to later reconcile. Similarly, such a divorce may be converted into a standard judgment of (Absolute) divorce. Since all support determinations and asset distributions are made when a “divorce from bed and board” is granted, property and financial issues are no longer an issue if a New Jersey couple ultimately chooses to end their marriage after engaging in a limited divorce.

July 31, 2015

Effective Co-Parenting Following a New Jersey Divorce

by Mark Goldstein, Esq.

I keep reading about celebrity co-parenting in the news. What does it mean?

Unfortunately, no one is immune from divorce. Couples across all walks of life from celebrities to your favorite friends or neighbors choose to end their marriages every year. Regardless of the cause, it is important for divorcing parents in New Jersey to work together to ensure the best possible outcome for their children. Although ending a marriage is no doubt difficult for the divorcing couple, parents should remember that their children are likely experiencing similar feelings of loss, anger, betrayal, and emotional pain.

Most couples in New Jersey and elsewhere don’t consider on their wedding day that they may divorce. Similarly, many parents never pictured themselves negotiating parenting time or alternating holidays with their children. In order to provide kids with the stability they need, many former couples choose to co-parent. While effective co-parenting can be difficult at times, working towards this common goal is often vital for a child’s well-being. How do you do that? Good question! Here’s how.

July 30, 2015

Summer Break and Child Custody in New Jersey

by Mark Goldstein, Esq.

My children are on summer break from school, and I would like to take them on vacation. May I do so?

Due to work, summer camp, vacation, and other obligations, a child’s schedule can vary wildly during the summer. Since it is common for parents to disagree about summertime custody and parenting time schedules, all divorced or separated parents in New Jersey should have a clearly defined summertime child custody and parenting time arrangement. Such an agreement may be formal or informal, depending on the needs of the parties.

Normally, a family switches to a summer custody schedule when the school year ends. Others choose to wait until Memorial Day or the first day of summer. Regardless, a variety of tools from simple written calendars to smartphone apps can help separated or divorced parents stay abreast of a child’s often changing summer schedule. Even if summer activities do not have a direct effect on parenting time, it may be helpful for parents to communicate with each other in order to stay informed or ensure that particularly active weeks are followed by more low-key events.

July 29, 2015

Helpful Advice on Keeping Costs Down During a New Jersey Divorce

by Mark Goldstein, Esq.

How can I keep my divorce from bankrupting me?

The choice to end a marriage typically has both an emotional and a financial impact on a former couple. Despite this, getting divorced doesn’t have to leave you both in the poor house. There are a number of ways a divorcing couple can refrain from making the process more expensive than it needs to be.

First, it is important to choose the right divorce attorney as soon as you are able. You want a New Jersey lawyer who is experienced in family law and has the ability to answer all of your questions. Now is not necessarily the time to rely on the recommendation of a friend or relative. If you are concerned about keeping costs down, remember that selecting an experienced attorney is vital.

June 28, 2015

The Use of Medical and Mental Health Records in a New Jersey Child Custody Case

by Mark Goldstein, Esq.

I suffer from a mental illness and my spouse wants a divorce. Can this hurt my chances for gaining custody of our children?

In general, the best interests of the child are of paramount importance in a New Jersey child custody matter. In some situations, a parent’s physical and mental health history may be relevant when child custody is determined. For instance, if a parent’s mental health issues have a negative impact on his or her ability to parent a former couple’s children, a family court will normally take this into account. In order to utilize such medical information, however, medical records must be obtained.

In particularly contentious child custody matters, a psychologist may be engaged to evaluate each parent and make a custody recommendation to the family court. In order to make such a recommendation, the psychologist will need to obtain access to each parent’s medical and mental health records. Sometimes, such records are also required in order to confirm or refute the other parent’s mental illness claims.

June 27, 2015

Understanding Your Rights Under the New Jersey Prevention of Domestic Violence Act

by Mark Goldstein, Esq.

My spouse and I separated and now he is threatening my safety. What are my options?

New Jersey’s Prevention of Domestic Violence Act was created to provide the victims of domestic violence in our state with comprehensive protections. In order to seek protection under this specific body of the law, a victim must have suffered at least one of the particular domestic violence acts set forth in in the statute (known as Prong 1 under a case known as Silver vs. Silver) AND, in addition, the court must conclude that the victim of the domestic violence has an ongoing need for protection from the perpetrator (Prong 2). If both prongs are not met, the court will not grant a final restraining order ( an “FRO”).

A victim may be a current or former spouse or household member, a co-parent or person who is expecting a child soon, or an individual who is in a dating relationship with an alleged perpetrator. It is important to note that a household member is not required to be a romantic partner, and New Jersey courts have, more recently, opted to construe what constitutes a “dating relationship” liberally.

June 7, 2015

Obtaining an Annulment in New Jersey

by Mark Goldstein, Esq.

I have been married for less than one year and we have no children. Can I get an annulment?

Unlike a divorce that terminates a marriage, an annulment is a legal determination that a marriage or civil union never existed. Individuals often seek a civil judgment of nullity due to religious or personal preference. Although a New Jersey couple may pursue a no-fault divorce based on irreconcilable differences, obtaining a judgment of nullity in this State is not as easy.

In New Jersey, an annulment must be based on the statutory factors included in N.J.S.A. Section 2A:34-1 (2014). Typical grounds for a New Jersey annulment include incurable impotency, incest, bigamy, fraud, duress, mental incapacity such as intoxication or insanity, or one or both members of the couple being younger than 18 at the time of the marriage. Despite this, certain circumstances such as a partner’s prior knowledge about the impotence, parental consent, or continuing to live as a married couple after a fraud was discovered may serve to ratify the marriage in some situations and frustrate or defeat the ability to secure an annulment.