Understanding the Basics of Divorce in New Jersey: What You Need to Know
Going through a divorce can feel overwhelming, especially if you don’t know what to expect. Knowing the basics can make the process more manageable and even help you make more informed decisions.
Understanding Emancipation of a Child in New Jersey: What Parents Need to Know
If you’re a parent in New Jersey, you might be wondering at what point you’re no longer legally responsible to support your child: specifically, how much longer you have to pay child support. This is where the concept of emancipation comes into play. It’s a term that gets tossed around, but many people don’t fully understand what it means or how it works in our state.
Can I Have Visitation With My Grandchildren?
It is emotionally devastating as a grandparent to be shut out from your grandchild or grandchildren. If your adult child or the other parent of your grandchildren do not agree to provide you with access to your grandchildren, you may need to rely upon a Judge to order them to do so. New Jersey provides some help to grandparents in this situation, but the law in this area is nuanced, and the Courts typically defer to the rights of the parents, not grandparents.
Paying and Receiving Child Support as Ordered
Even if you have an order for child support, sometimes, the parent does not comply with the Order. Child support is a critical financial obligation established by New Jersey courts to ensure children receive the financial support they need from both parents. When one parent fails to meet their child support obligations, the repercussions can be severe. Non-payment of child support not only harms the child but can also lead to significant legal and financial consequences for the non-compliant parent. Below is a discussion of the potential consequences of failing to pay child support in New Jersey and the enforcement mechanisms in place to ensure compliance.
College Contribution for a Child of Divorced or Separated Parents in New Jersey
When parents’ divorce or separate, the issue of child support often extends beyond childhood, especially when it comes to higher education. In New Jersey, the question of whether divorced or separated parents are required to contribute to their child’s college expenses is a common and complex topic. Unlike child support, which is automatically subject to review (and potentially termination) when a child reaches the age of nineteen or graduates’ high school, the obligation for a parent to contribute to college costs is not automatic and requires specific legal consideration.
Custody Basics: Issues Regarding your Child
If you have a child and are no longer an intact family with the other parent of your child, you may have issues regarding your child’s custody. But what is custody?
Trouble after Divorce: Modifying Alimony and Child Support
Just because your divorce is finalized doesn’t mean everything is set in stone. Life happens – people change jobs, kids grow up, incomes shift, and sometimes the original terms of alimony or child support no longer make sense. That’s where post-judgment motion practice can help.
What Can I Request in my Restraining Order?
If you have been a victim of domestic violence you can protect yourself by seeking a Temporary Restraining Order against the person who is abusing you. To file a domestic violence complaint, you do have to meet certain requirements. First, you must be over the age of eighteen (18). Next, you must have a family relationship with your abuser. This may be that you are or were in a relationship with them. This may be that you do or did live with them. Finally, you can seek a TRO in a county that you live in, that your abuser lives in, or where the abuse occurred.
What To Do When Your Temporary Restraining Order Got It Wrong?
Applying for a Temporary Restraining Order is stressful and sometimes, victims of domestic violence don’t have the ability to carefully describe all of the prior acts of domestic violence or articulate important information to the Court. You may not have been familiar with the process when you applied. You may have been seeking a TRO because you needed protection immediately. You may not have had time to go through every incident that you have experienced. You may not have even known that you can include prior incidents between you and the Defendant. The individual taking your information may have over-summarized, leaving incidents out.
Can I Have Visitation With My Grand-Kids?
It is emotionally devastating as a grandparent to be shut out from your grandchild or grandchildren. If your adult child or the other parent of your grandchildren do not agree to provide you with access to your grandchildren, you may need to rely upon a Judge to order them to do so. New Jersey provides some help to grandparents in this situation, but the law in this area is nuanced, and the Courts typically defer to the rights of the parents, not grandparents.
What’s the difference? New Jersey SAME SEX MARRIAGES, CIVIL UNIONS, AND DOMESTIC PARTNERSHIPS
It is important for same sex couples to understand the rights and obligations that stem from these three different relationships. Same sex couples should know that a domestic partnership or civil union does not automatically convert to a marriage. Rather a marriage license must be obtained to convert the former relationship into a marriage. If you are marrying your current domestic partner or civil union partner, it is not necessary to dissolve that partnership when you marry. Your domestic partnership or your civil union will remain intact and on file with the Office of Vital Statistics and Registry.
Understanding Marital Settlement Agreements in New Jersey
Navigating a divorce can be one of the most challenging experiences in life, both emotionally and legally. Among the key elements to consider is the Marital Settlement Agreement (“MSA”), sometimes called a Property Settlement Agreement (“PSA”), a crucial document that outlines the terms of the divorce. Below is an explanation of what an MSA is, its importance, and what to include in it. When a mediator writes it after mediation, it’s called a “MOU” -Memorandum of Understanding.
Removal of a Child from the State
In New Jersey, one of the most sensitive and complex issues that arise in family law cases is moving out of state with a child after a divorce. Whether due to a parent’s job relocation, a desire to move closer to extended family, or for other reasons, when a parent wants to move with a child out of state, it can lead to significant legal complications, especially in cases of divorce or separation. How and when a child can be removed revolves around the child’s best interests, parental rights, and custody arrangements, and the law in New Jersey provides specific guidelines on how these situations should be handled.
I have a TRO against me. Now what?
If you have been served with a Temporary Restraining Order (TRO), you may worried, confused, and upset. First, you must follow the restrictions in the TRO. You cannot contact the Plaintiff. You cannot ask someone else to contact the Plaintiff. If you are prohibited from going to the Plaintiff’s home or workplace, you must stay away from both locations. You should post about the Plaintiff or any of the allegations on social media. If you violate the TRO, even with the best of intentions, you may be subject to criminal charges and jail time.
Prenuptial Agreements Overview
A prenuptial agreement may also be called a premarital agreement or an antenuptial agreement. This is an agreement that is entered into between you and your prospective spouse prior to your marriage and it becomes effective upon marriage. The agreement sets forth each spouse’s rights upon divorce, death, or separation.
I have no idea what my spouse earns, how do I get this information?
If your case involves finances, whether you are dividing your assets and debts or are calculating child support, you will need some information about the finances of your spouse or your ex-spouse. If you are married and have filed for a divorce, you and your spouse will be required to complete a form regarding your finances. This form is called a Case Information Statement or CIS. You can find this form on the New Jersey Courts forms website.
Warts and All: The Importance of Full Transparency with Your Lawyer
When facing legal challenges, especially in family law matters, it’s easy to feel vulnerable and anxious about sharing personal details. The important truth is: your lawyer can only provide the best representation if you’re completely open with them. In other words, no matter how uncomfortable or embarrassing, you must tell your lawyer everything – warts and all.
New Jersey Child Support Basics: A Guide for Parents
When parents separate or divorce in New Jersey, one of the most important legal matters that must be addressed is child support. Child support is a financial obligation that ensures both parents contribute to the costs of raising their children, even when the parents no longer live together. New Jersey law has done the math; the state has issued specific guidelines and regulations to calculate child support for most families. It is intended to ensure fairness and the best interests of the child. Knowing how it works can help each parent assess what is right for their family.
What are Civil Restraining Orders?
Temporary and Final Restraining Orders are very serious. Unlike most other states, a Final Restraining Order (FRO) in New Jersey does not expire. It requires that a Defendant be fingerprinted and may appear on a background check. It prohibits a Defendant from owning a firearm. As a result, it may impact a Defendant’s employment. A violation of an FRO may lead to criminal charges, including jail time.
How Do I Get Child Support and Custody?
In New Jersey, both parents have an obligation to support their child and a right to custody and parenting time. If you and the other parent of your child are not living as an intact family, it may be necessary to specify the terms of custody, parenting time, and child support for your child. The law in New Jersey prefers that parents work together to reach an agreement these issues. But what if you and the other parent do not agree? In this case, you can file an application with the Court for a Judge to decide these issues. If you are not married to the other parent, this application is known as an FD Complaint for Custody and Child Support. If you are married, but are only seeking custody, parenting time, and/or child support and not a divorce, you can also file this Complaint.