Family Law.  The area of family law includes many types of issues.  These include divorce, property settlement agreements, domestic violence, custody, child support, pre-nuptial agreements and post-judgment applications to the court to modify the terms of a child support or alimony obligation.  Many people believe they can handle these issues on their own.  It is our belief however that doing so is difficult and can result in decisions that ultimately do more harm than good.  In addition, any issue relating to family law carries with it a high stress level and heightened emotions make it difficult to think issues through and make decisions that will benefit you.  If you have any family law issues, we urge you to contact us so that we can guide you through the process in an effective and less stressful manner.

In Consideration of Marriage
Pre-nuptial agreements are also referred to as "premarital agreements." They are contracts that must be made prior to the contract of marriage. They become effective upon the happening of the marriage. Any pre-nuptial agreement must be in writing and executed by both parties. The assets of both parties must be disclosed to each other. The agreement should address the rights and obligations that each marriage partner will have in the property of the other and what will happen to the property if there is a separation, divorce or death. A pre-nuptial agreement can settle alimony issues, the rights to the death benefit from life insurance policies, and even require the drafting of a will with certain specific provisions included. Once the parties are married, the agreement cannot be changed unless both marriage partners agree in writing. Deviation from legal requirements in creating a pre-nuptial agreement results in a challenge to the validity of the agreement and enforceability of its provisions.

Marriage - a sampler of statutes
"A man shall not marry any of his ancestors or descendants, or his sister, or the daughter of his brother or sister, or the sister of his father or mother, . . . A marriage in violation of any of the foregoing provisions shall be absolutely void . . ."
N.J.S.A. 37:1-1

" A marriage license shall not be issued to a minor under the age of 18 years, unless the parents or guardian of the minor, if there be any, first certify under their hands and seals in the presence of two reputable witnesses, their consent . . ."
N.J.S.A. 37:1-6

"The licensing officer is hereby empowered to issue marriage licenses to the contracting parties who apply therefor and are entitled under the laws of this State to contract matrimony, authorizing the marriage of such parties, . . . "
N.J.S.A. 37:1-7

"No marriage license shall be issued when, at the time of the making an application therefor, either applicant is infected with a venereal disease in a communicable state, or is currently adjudicated mentally incompetent . . . "
N.J.S.A. 37:1-9

Divorce
The filing of a complaint in the Superior Court of New Jersey starts divorces. The complaint must set forth "grounds" or a basis to dissolve the contract of matrimony. The grounds that are sufficient are set forth in statutes. Unlike some other states where a marriage can be dissolved because of "irreconcilable differences," New Jersey requires specific grounds like desertion, extreme cruelty, adultery, drug addiction, institutionalization for mental illness, imprisonment, deviant sexual conduct or separation for eighteen months.

Divorces can be obtained in a matter of 3 or 4 months under the right circumstances. Under the worst circumstances, it can take more than a year. We will sit down with you and discuss your divorce. We will try to answer all of your questions. We will keep you informed throughout the entire case. Our counsel will be available whenever you need it.

Alimony
Whether an ex-husband or ex-wife receives financial support from the ex-spouse depends on many factors such as the length of the marriage, the ability of the person to maintain employment, having "sufficient" income as a single person and other factors dealing with life style, debt level, pre-nuptial agreements and living arrangements. By law, men and women have an equal right to the benefit of support from an ex-spouse where necessary.

Children
All conflicts involving children that cannot be resolved amicably by agreement between the parents are decided by the court according to what the court perceives as being in the best interests of the child. Custody, visitation and child support are the big issues to be decided. The amount of child support to be paid by any parent is governed generally by child support guidelines that are published as part of the rules of court. Application of the guidelines requires an analysis of each person's income and certain expenses to determine the proportionate amount of child support due from each parent. "Custody" involves consideration of "legal custody," that is, the right to be consulted and make decisions about issues affecting the child. "Custody" also involves consideration of "physical custody," that is, where the child will reside and go to school. When parents cannot agree on custody, the court will decide the issue after review of the evidence presented by the parties. When parents cannot agree on a visitation schedule, the courts will usually award the non-custodial parent "reasonable and liberal" visitation. There may be circumstances that dictate that the non-custodial parent have restrictions with respect to overnight or even unsupervised visitation with the children.

Property Settlement Agreements
The Property Settlement Agreement sets forth all of the issues upon which the parties agree regarding the division of the assets and the debts, child support, spousal support, custody, visitation, payment of college expenses, income tax matters, and attorney's fees. A property settlement agreement is binding and enforceable despite the fact that divorcing parties are often under stress and may even be emotionally distraught. The agreement should not be entered lightly or without review and consultation by an attorney.

Same Sex Partners
Since New Jersey does not recognize marriage between two people of the same sex, same sex personal partners need contracts about assets and debts, responsibilities, ownership and disposition of property. All of the issues that are settled automatically by entry into a statutorily recognized matrimonial union must be considered and made the subject of a contract in a same sex union of individuals. This area of law is new and changing. Agreements of this nature are often referred to as "cohabitation agreements." If you are involved in a same sex union, we can advise on protecting your rights and accomplishing your goals as they pertain to support and property.

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney