Articles Posted in Divorce & Family Law

NJ alimonyAlimony Modification in New Jersey

Suppose that for the past three years you have been receiving a certain amount per week in alimony. Next suppose that your ex-husband loses the job he held for twelve years. Further assume that he accepts a lower-paying job.

Now imagine that you are the one who has been making the payments. You lost a job that you held for years and after a difficult search, you are offered a job that pays a lot less than you had been earning. You might feel as though you are in a no-win situation. If you accept the lower-paying job, you may be criticized for not trying harder to get a job more comparable to your previous one. On the other hand, if you refuse that job and do not get another offer of employment in a timely manner, you might be admonished for not accepting the first opportunity.

divorce equitable property distributionThe Appellate Division of the New Jersey Supreme Court recently heard a dispute over a $2,500,000 post-divorce bonus. The couple, Bernice Aucoin-Thieme and Michael Thieme, had only been married for about 15 months at the time their divorce.

Question: Should the Years of Cohabitation Before Marriage Be Considered?

The Hudson County Superior Court had awarded Bernice $30,228 based on the short length of time of their marriage. Bernice believed she deserved $200,029.

brang-300x225On September 15, 2016, Angelina Jolie and Brad Pitt separated. Jolie filed for divorce two days later. The famous couple, called “Brangelina” by their fans, had been together since 2004 and married in 2014.

Jolie’s spokespersons have said that she is doing it for the “health of her family.” She has asked that she and her family be afforded privacy.

Pitt stated when asked how he felt about the situation by People magazine, “I am very saddened by this, but what matters most now is the well-being of our kids. I kindly ask the press to give them the space they deserve during this challenging time.”

fault and no fault divorce in new jerseyUntil 2007 most divorce complaints were based on separation or extreme cruelty. The separation claim required the couple to live apart for 18 months before filing for divorce. The extreme cruelty complaint required the claimant to accuse the other spouse of specific acts of cruelty.

In 2007, however, a new statute went into effect. It added another no-fault claim in addition to that of separation—irreconcilable differences. With this change, a no-fault divorce was possible in New Jersey without the necessity of living apart before filing.

No-Fault Divorce in NJ

divorce mediationMediation can be a desirable alternative to litigation for New Jersey divorcing couples. In mediation an unbiased third party, the mediator, guides the couple and helps them work towards an amicable solution. The most important factor is that both parties are committed to reaching an agreement that is fair and equitable. Each must be willing to see things from the other’s perspective.

Mediators do not have to be attorneys, but many are. It is helpful to have a mediator who is well versed in New Jersey divorce and family law. Although your mediator cannot offer advice, he or she can educate clients regarding the relevant laws.

If children are involved, the idea of their parents divorcing is often a traumatic experience. Using mediation rather than litigation may ease the stress. Seeing their parents communicating amicably and trying to work things out reasonably will likely relieve their anxiety about what the future holds.

out of state divorceWe have a mobile society, and after separation or divorce, it is not uncommon for one of the spouses to move out of state. If either of them later decides to file for divorce or to request a modification in a divorce, then residing in two different states—or even different countries—makes it a little more complicated.

The first step is deciding where to file. It is imperative to file in a state that will have jurisdiction over your case. The most important factor is residency.

What if you want to serve divorce papers or file a request for modification of a divorce in New Jersey, but your spouse does not live in the state?

Trends in Attitudes About Marriage, Childbearing, and Social BehaviorA report issued in March 2016 by the CDC’s National Center for Health Resources describes the results of a study conducted to determine trends in Americans’ attitudes towards social changes from 2002 to 2013. Data was based on the National Survey of Family Growth for 2002, 2006–2010, and 2011–2013; for some of the questions there was no data available from the 2002 survey.

Respondents for the 2011-2013 survey were further divided into 3 age groups: 15–24, 25–34, and 35–44. Analysis of the data showed that younger respondents tended to be more accepting of the social changes.

For each category the respondents were given a series of questions to which they were asked to agree or disagree. These were the categories covered:

domestic violenceOn May 25, 2016, Amber Heard filed for divorce from Johnny Depp, her husband of fifteen months. She named “irreconcilable differences” as grounds for divorce. Heard also asked for temporary spousal support, but that request was denied.

A few days after filing, Heard asked for and was granted a temporary restraining order against her estranged husband. Although Depp maintains that the charges are false, Heard stated that she was a victim of physical and verbal domestic abuse.

Issues Involved

cohabitation in new jerseyOnce alimony is determined by the Court, changing it requires a change in circumstances. One circumstance that is often cited as a reason to reduce or eliminate alimony is cohabitation. The New Jersey Alimony Reform Act, which became law in 2014, clarified the definition of “cohabitation.” A few recent cases have brought this issue into the limelight.

Under the law, there are 8 factors that a judge should consider if a payor has asked for a modification of alimony based on the cohabitation of his ex-spouse:

  • joint bank accounts and other intermingled finances

divorced dads and fathers dayOn June 19, 2016, Father’s Day will be celebrated by fathers throughout New Jersey. Most divorce agreements state that Father’s Day will be included in the father’s parenting time. For many divorced dads, however, this will be a bittersweet day.  As much as they enjoy spending the day with their children, they are saddened that their time together is limited.

Parenting Time

For many years mothers were routinely awarded sole residential custody of their children except in extreme situations, such as violence or abuse. Recently, however, New Jersey courts have begun to consider fathers’ rights to be on a par with mothers’ rights. More and more frequently they have ruled in favor of joint residential custody when requested by the father.

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