Family Law

One of the goals of our website is it to be a source of information to the public about New Jersey divorce and family law that will help readers have a better understanding of the legal process they often find themselves thrusted into. We believe that a litigant who has some understanding of the law will have less anxiety and a more realistic expectation of the outcome of their issue. We now have over three hundred articles on our website/blog. These articles should not be construed as legal advice and are for informational purposes only. Most of the articles are on divorce, division of assets, child custody, child support, alimony, and domestic violence.

In New Jersey, you can file a divorce based on fault of your spouse, or you can file a no-fault divorce based on irreconcilable differences. It is important to note, that fault in most New Jersey divorces has no effect on the major issues such as child custody, division of assets, child support, or alimony. We have an article on this issue and many articles on other divorce topics. Some of the articles examine the causes of action for divorce and the requirements for filing a divorce in New Jersey. You will find articles that discuss the difference between divorce and annulment. There are articles on the fact that there is no legal separation in New Jersey, but there is a bed and board divorce. Several articles go into the different stages of the divorce process. Said articles discuss the case management conference, discovery process, early settlement panel, mediation, and trial. You will also find articles on filing pre-trial motions, such as a motion for Pendente Lite (temporary) support. We have also written articles on how to choose the right divorce attorney and the cost of divorce in New Jersey. Our articles also discuss the issue of divorce and health insurance, among other issues not mentioned in this paragraph.

New Jersey is not a community property state or a title state. It is an equitable distribution state. What does that mean in English? It means that property is divided equitably. In New Jersey what is equitable is not necessarily 50/50. In fact, one of the articles discusses the fact that the New Jersey Equitable Distribution Statute specifies several factors that control equitable distribution, but does state anything about a 50/50 distribution. However, despite that fact, most divorces end up dividing property 50/50. There are articles that discuss what property is exempt from equitable distribution and what property is subject to equitable distribution. Our articles address what happens to the marital home in a divorce and how retirement assets are divided.

When a court in New Jersey decides issues concerning child custody, it determines what is in the best interest of the children. Some of our articles discuss the child custody statute and the factors the court uses in deciding what is the interest of the child. Our articles also discuss, in part, the difference between legal custody/physical custody and sole legal custody vs. joint legal custody.

Most child support cases are decided by the child support guidelines. Our articles discuss how the child support guidelines work, what expenses are covered in child support and when child support guidelines are not used. The child support articles also discuss emancipation of the child, which ends the child support obligation, the effect of Social Security benefits on child support, modification of child support, and child support enforcement.

Unlike child support, there are no official guidelines or formulas that determine alimony. Alimony is officially determined by considering the fourteen factors of the alimony statute. Our articles on alimony discuss the application of said statute in deciding the amount and term of alimony. Said articles also talk about when alimony is modified or terminated.

To obtain a restraining order, you need to have experienced an act of domestic violence that put you in fear of your wellbeing. Our articles discuss what acts constitute domestic violence and the jurisdictional requirements for the application of the domestic violence statute. Several of our articles examine the act of harassment as the basis of obtaining a restraining order.

There are several articles on many other topics not mentioned above regarding divorce and family law. We hope that these articles assist you in better understanding the issues you face. If you need legal representation, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free in office consultation.