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No-Fault and At-Fault Divorce in New Jersey

December 14, 2022 by David Lipshutz Leave a Comment

The Impact of Marital Misconduct on Divorce

A marriage may fail for many reasons. Sometimes, the parties change with the years and find they have less and less in common. Sometimes, one of the parties engages in bad or wrongful behavior—unfaithfulness or financial shenanigans—that irreparably breaks the bonds of trust.

In New Jersey, as in many states, when you file for divorce, you can choose to pursue a “no-fault” or an “at-fault” divorce.

What Is a No-Fault Divorce?

A no-fault divorce is one where neither party is required to cite specific grounds for the marital dissolution. To qualify for no-fault divorce, you must show that you have been physically separated for a minimum of 18 consecutive months or that you have had irreconcilable differences that have lasted for more than 6 months. Most New Jersey divorces are filed as no-fault divorces. For this reason, there’s a common perception of a “waiting period” for divorce in New Jersey.

What Is an At-Fault Divorce?

With at-fault divorce proceedings, one of the parties must provide a legal reason for the termination of the marriage. Commonly accepted grounds for divorce in New Jersey include:

Deviant sexual behavior
Desertion (actual or constructive)
Habitual substance abuse
Extreme mental or physical cruelty
Imprisonment or institutionalization
Adultery

As a general rule, fault will not be a factor in property or support disputes in New Jersey, but may be considered when determining custody and parenting time.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce in New Jersey Tagged With: No-Fault and At-Fault Divorce in New Jersey

Happy Thanksgiving

November 23, 2022 by David Lipshutz Leave a Comment

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The Best Interests of the Child Standard in New Jersey

November 15, 2022 by David Lipshutz Leave a Comment

The Factors the Court Considers When Determining Custody and Visitation

In a New Jersey divorce proceeding where there are minor children, the parties can work out custody and visitation arrangements without the intervention of the court. If the parties cannot come to an agreement, the court will typically order the parties to participate in mediation, unless there are allegations or evidence of domestic violence. In either instance, however, the court will ultimately look for a solution that is “in the best interests of the child.”

What Will The Court Evaluate to Determine the “Best Interests of the Child”?

The court will typically look at a wide range of issues to ascertain whether a proposed custody and/or visitation arrangement is in the best interests of the child:

The safety of the child, as well as the safety of either parent from domestic violence or abuse by the other parent
Any history of domestic violence or abuse by either parent
The extent to which each parent has demonstrated an ability to work cooperatively with the other parent in matters pertaining to the child and the child’s welfare
The amount of interaction each parent had with the child during the marriage
The extent to which each parent has indicated a willingness to take custody of the minor child and to grant the non-custodial parent permitted visitation
The child’s needs and the extent to which custody with one parent will better serve those needs
The stability of the respective parental homes
The geographic proximity of the respective parental homes
The child’s preferences, provided the child is old enough to make a sound decision
The age and number of children of the marriage
The relationship of the children with each other

Contact the Law Office of David M. Lipshutz

Filed Under: Child Custody in New Jersey Tagged With: The Best Interests of the Child Standard in New Jersey

Happy Halloween!

October 31, 2022 by David Lipshutz Leave a Comment

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Modification of Child Support Orders in New Jersey

October 13, 2022 by David Lipshutz Leave a Comment

What Is the Legal Process for Changing a Child Support Obligation?

Courts issue child support Orders. However, these are always open to modification. When can you ask the court to amend a child support order? What is the process for modifying an existing child support obligation?

The Standard for Getting Judicial Review of an Existing Child Support Order

If you want to modify the terms of your child support agreement, you must petition the court for a change and the judge must issue a new order. However, before the judge will even consider your motion to modify the existing child support obligation, you must demonstrate that either you or your spouse have experienced “changed circumstances.” In New Jersey, that means that you must show new circumstances that are:

Not temporary
Substantial
Unanticipated when the existing order was issued

The parent who seeks the change in the support order will have the burden of proving these elements. If you expect the changes to last for a limited period of time, or if the changes are expected, but haven’t occurred yet, the court will likely reject your request for modification.

If, however, you successfully convince the judge that the changes are not temporary, substantial and unexpected, your request will go to the next phase. At this point, the judge will ask for full financial information from both parties. Based on all the information provided and on any other relevant evidence, the judge will make a decision on the modification request, either rejecting it or issuing a new order.

When determining a new payment amount, the court can consider a wide range of factors, including:

The needs of the child
The income and assets of both parents
The standard of living of each parent
The potential earning capacity of each parent
The need and capacity of the child for education (including college education)
The age and health of the child and each parent
Any other factors the court deems relevant

Contact the Law Office of David M. Lipshutz

Filed Under: Child Support in New Jersey Tagged With: Modification of Child Support Orders in New Jersey

Alimony in New Jersey—The Basics

September 27, 2022 by David Lipshutz Leave a Comment

What Is It? What Factors Will Be Considered When Assessing the Need for Alimony?

The end of a marriage can lead to concerns about your financial future, particularly if you were a stay-at-home spouse or your husband/wife earned significantly more than you did. Though alimony is not as common as it used to be, it can still be awarded in a New Jersey divorce proceeding.

What Is Alimony?

Alimony, spousal maintenance and spousal support are interchangeable terms that refer to a periodic payment made by one spouse to another, either on a temporary basis while a divorce is pending or for some period of time after a divorce is finalized. The intention of alimony is to minimize the likelihood that a divorce will have a far greater financial impact on one of the parties to the benefit of the other party. The goal in most cases where spousal support is awarded is to try to provide both parties with a lifestyle close to that enjoyed during the marriage.

What Are the Different Types of Alimony in New Jersey?

Most often, an alimony award is temporary. It may be for a specific period of time or it may be in place until a spouse gets the education or job training to be self-sufficient. If you’ve been married more than 20 years, you may actually be able to get open duration alimony, where the support order has an indefinite length.

What Are the Factors That Go into an Alimony Determination

When evaluating whether alimony is appropriate, a court in New Jersey may consider a wide range of factors:

Need
Ability to pay
Standard of living during the marriage
The length of the marriage
The age and health of the parties
The potential earning capacity and employability of both parties
Whether either party has income-producing assets
Whether either party has parenting responsibility for minor children
Any other factor the court considers relevant

Modifying an Alimony Award

An alimony award is always open to modification when there has been a substantial change in either party’s circumstances, unless the parties agreed that no modifications would be allowed. Causes for modification can include substantial change in financial circumstances of a party, retirement from work, or cohabitation of the party receiving alimony. Remarriage of the party receiving alimony, and death of either party are also cause for termination of alimony by law.

Contact the Law Office of David M. Lipshutz

Filed Under: Alimony Tagged With: Alimony in New Jersey—The Basics

What Does Equitable Distribution Mean in a New Jersey Divorce?

August 12, 2022 by David Lipshutz Leave a Comment

How Is Marital Property Divided in New Jersey? What Factors Are Considered?

When you’re ending a marriage, dividing the debts and assets accumulated over the years can be one of the biggest challenges. You can work out an agreement with your ex, but it will typically have to be submitted to and approved by the court. If you are unable to reach an accord, the judge will typically consider evidence and make a determination of how everything will be allocated.

When ruling on the distribution of the debts and property of a marriage in New Jersey, the courts use the legal principle of equitable distribution. The word “equitable,” however, should not be construed to mean “equal.” Instead, the court will attempt to produce a “fair” allocation of the obligations and assets of the marriage.

The Factors Considered in an Equitable Distribution in New Jersey

When deciding upon a fair division of a marital estate, the courts in New Jersey may consider any or all of the following:

The length of time the parties were married
The age of the parties at the time of divorce
The age and physical health of the parties at the time of divorce
The standard of living to which the parties were accustomed
Any income or property brought into the marriage by either party
Any prenuptial or prior written agreement of the parties regarding the allocation of marital debts and assets
The potential earning capacity of each party
Any contribution that either party made to the education, training or earning power of the other party during the marriage, or deferred career goals to allow the other party access to education or training
The contributions of either party as a homemaker
The extent to which either party was involved in the dissipation, depreciation or destruction of marital property, as well as the acquisition, preservation or appreciation of those assets
The potential tax consequences of a proposed property settlement
The extent to which one of the parties needs to occupy the marital home, such as when there are minor children at the time of divorce
The need to set aside funds for the medical or educational expenses of a spouse or child
Any other factors the court deems relevant

Contact the Law Office of David M. Lipshutz

Filed Under: Divorce in New Jersey Tagged With: What Does Equitable Distribution Mean in a New Jersey Divorce?

The Impact of Domestic Violence on New Jersey Divorce Proceedings

July 11, 2022 by David Lipshutz Leave a Comment

How Will Custody, Visitation and Property Settlements Be Affected?

Marriages fail for many reasons—infidelity, financial challenges or incompatibility. Unfortunately, in far too many instances, domestic violence or abuse is a significant factor. What are the potential ramifications of allegations of or even convictions for domestic violence, either before or after a divorce complaint is filed?

What Constitutes Domestic Violence?

Though it can take many forms, domestic violence is generally defined as some act or course of conduct/behavior that is used to coerce or control a person. It can take the form of physical or emotional abuse, isolation, stalking, harassment, economic abuse or even sexual abuse.

In divorce filings and proceedings where there is evidence or an allegation of domestic violence, it’s common for the divorce complaint to be accompanied by a request for a temporary restraining order (TRO). In some situations, the motion for the temporary restraining order will be filed before the divorce complaint. The TRO will legally prohibit a person from engaging in certain actions, such as

Coming to your home, work or other location,
Coming within a certain distance of you in public
Communicating with you without your permission or permission of the court, whether by phone, email, letter or otherwise
Stalking
Sending gifts

How Will Allegations of Domestic Violence Affect the Outcome of Your Divorce?

The areas most affected by allegations or evidence of domestic violence will be custody and visitation with minor children. While the courts encourage regular and meaningful contact between minor children and both parents, custody and visitation rights will often need to be modified to provide reasonable assurances that the victim(s) of domestic violence will be safe. If the domestic violence was directed toward the spouse, the offender may be prohibited from picking up children without an intermediary or some type of supervision. If the abuse was directed toward minor children, visitation may need to be supervised.

Contact the Law Office of David M. Lipshutz

Filed Under: Domestic Violence Tagged With: Domestic Violence on New Jersey Divorce Proceedings

Child Support and Healthcare Expenses in New Jersey

June 1, 2022 by David Lipshutz Leave a Comment

Must Child Support Include Payment of Medical Insurance Premiums for Minor Children?

When you are involved in a divorce in New Jersey and there are minor children, you can expect that the court will order the non-custodial parent to pay some amount of child support. That support is intended to cover the non-custodial parent’s share of fixed and variable expenses, from shelter to food, clothing, transportation, personal care and entertainment. Is it also allotted to cover some of the costs of medical care or medical insurance? Sort of…

Medical Expenses under the New Jersey Child Support Guidelines

The New Jersey child support guidelines do not require that a child support order contain any provision for payment of medical expenses or for payment of medical insurance premiums. The guidelines do, however, make it clear that the support award includes payment for the first $250 per year of unreimbursed medical expenses incurred on behalf of a minor child. Accordingly, it’s important to understand, if you are the recipient of a child support award, that you will be solely responsible for the first $250 per year of medical costs not covered by insurance. As the payor, you have no responsibility for that amount. Amounts beyond the $250 will be ordered paid as per each party’s percentage of total gross income.

The costs of health insurance coverage for minor children are not included in a basic child support obligation. However, if you are paying additional expenses for health insurance premiums for your children, those costs may be considered when calculating the amount of child support. To have it taken into account, though, you will typically need to show how much of your monthly health insurance bill is for your minor children.

Contact the Law Office of David M. Lipshutz

Filed Under: Child Support in New Jersey Tagged With: Child Support Guidelines

Behind on Your Child Support?

May 4, 2022 by David Lipshutz Leave a Comment

Can Your Ex Deny Visitation until You Pay All Arrearages?

When your marriage ends in divorce in New Jersey, and there are minor children still at home, you can expect that the court will order the payment of child support by the non-custodial parent to the custodial parent. That commitment is more than a moral obligation—you can face potential sanctions for failing to pay or stay current with your child support obligations.

If you’re like most non-custodial parents, you’ll work hard to honor that commitment. Unfortunately, for many of us, unforeseen circumstances, such as the loss of a job or a serious accident or medical emergency, can make it difficult or impossible to stay current with child support. Can you risk loss of access to your minor children if you fall behind with your child support? Can your ex refuse to grand access to your children unless you make payments or bring arrearages current?

The Relationship between Visitation and Child Support in New Jersey

In New Jersey, as in all states, the rights of a non-custodial parent to visitation are not contingent upon the payment of child support. Accordingly, a custodial parent may not deny visitation to a non-custodial parent because of any type of arrearage in payments.

If a non-custodial parent fails to make child support payments in a timely manner, the custodial parent can file a motion for contempt of court, which may lead to any of a number of sanctions, including:

A temporary or permanent modification of parenting time/custodial arrangements
The issuance of an income withholding order, whereby child support payments are taken directly from the payor’s wages
The issuance of a bench warrant, which will automatically suspend the payor’s driver’s license
A tax offset, whereby any tax refund due to the payer will be diverted to pay past child support
Notification to credit reporting agencies

If, on the other hand, a custodial parent wrongfully refuses visitation because of a child support arrearage, the non-custodial parent may also file a motion for contempt of court. The court can then issue a subsequent order compelling visitation, including compensatory visitation for any time denied.

Contact the Law Office of David M. Lipshutz

Filed Under: Child Support Tagged With: Relationship between Visitation and Child Support in New Jersey

The Impact of Marital Misconduct on Divorce

What Is a No-Fault Divorce?

What Is an At-Fault Divorce?

Contact the Law Office of David M. Lipshutz

The Factors the Court Considers When Determining Custody and Visitation

What Will The Court Evaluate to Determine the “Best Interests of the Child”?

Contact the Law Office of David M. Lipshutz

What Is the Legal Process for Changing a Child Support Obligation?

The Standard for Getting Judicial Review of an Existing Child Support Order

Contact the Law Office of David M. Lipshutz

What Is It? What Factors Will Be Considered When Assessing the Need for Alimony?

What Is Alimony?

What Are the Different Types of Alimony in New Jersey?

What Are the Factors That Go into an Alimony Determination

Modifying an Alimony Award

Contact the Law Office of David M. Lipshutz

How Is Marital Property Divided in New Jersey? What Factors Are Considered?

The Factors Considered in an Equitable Distribution in New Jersey

Contact the Law Office of David M. Lipshutz

How Will Custody, Visitation and Property Settlements Be Affected?

What Constitutes Domestic Violence?

How Will Allegations of Domestic Violence Affect the Outcome of Your Divorce?

Contact the Law Office of David M. Lipshutz

Must Child Support Include Payment of Medical Insurance Premiums for Minor Children?

Medical Expenses under the New Jersey Child Support Guidelines

Contact the Law Office of David M. Lipshutz

Can Your Ex Deny Visitation until You Pay All Arrearages?

The Relationship between Visitation and Child Support in New Jersey

Contact the Law Office of David M. Lipshutz

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