New Jersey Divorce Lawyer Blog

New Jersey Child Custody Mediation Checklist

December 4, 2025 | by The Law Offices Of Peter Van Aulen

An Essential Guide for Parents Navigating a Difficult Transition

New Jersey child custody mediation can seem somewhat confusing, if not overwhelming, on first blush. emotionally, In the grand scheme of a New Jersey divorce case, mediation is designed to help parents build a parenting plan that protects their children’s interests and well-being. Coming to a better understanding and preparing for mediation can make the process far less concerning and significantly more productive. This New Jersey child custody mediation is designed to provide you with an essential overview of the ins and outs of the process.

Understanding the Purpose of New Jersey Child Custody Mediation

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Rising Tide of New Jersey Gray Divorce

November 24, 2025 | by The Law Offices Of Peter Van Aulen

The population of the Garden State, and the United States more broadly, is becoming proportionally older. As a consequence, it is easy to imagine that divorce among older people is becoming more frequent. Oftentimes, divorce of older individuals is referred to as gray divorce. Before we dive into a deeper discussion about the rising tide of New Jersey gray divorce, we take a moment to define the concept. Generally speaking, gray divorce is defined as Gray divorce is the term used for the dissolution of marriage among older adults, typically couples aged 50 and above. Unlike divorces earlier in life, gray divorces often occur after decades of marriage and involve unique financial, emotional, and social considerations – which are discussed with you in this article.

Increasing Rate of Gray Divorce

The esteemed Pew Research Center provides some alarming statistics about gray divorce in the United States, including New Jersey gray divorce. The divorce rate among people over the age of 50 has doubled since 1990. The divorce rate for people over the age of 65 has seen an even sharper incline. Since 1990, the divorce rate among people over the age of 65 has nearly tripled. With this statistical background in mind, we take a close look at the impact of New Jersey gray divorce.

Financial Wallop of Gray Divorce

Following the conclusion of a divorce in the Golden Years, parties to such a marriage dissolution proceeding can face significant financial issues. For example, following a divorce later in life, a woman’s standard of living declines by about 50 percent, according to PudMed. A man’s standard of living can also be expected to decline, on average by 21 percent. Overall wealth or value of accumulated assets tends to drop by 50 percent for spouses of both genders. Continue Reading →

How to Retain Control and Protect Your Rights in a New Jersey Divorce

August 4, 2025 | by The Law Offices Of Peter Van Aulen

Navigating a New Jersey divorce can be emotionally challenging and even financially draining. With this duly noted, you must be vigilant to avoid giving away your power during the marital dissolution process. Unnecessarily (even dangerously) relinquishing your power in a New Jersey divorce can have dire and long-lasting consequences. These include everything from agreeing to unfair asset and debt division to losing child custody. There are a number of time-tested tactics you should consider employing to better ensure that you stay empowered and protect your rights during a New Jersey marriage dissolution case.

Understand New Jersey’s Divorce Laws and Recognize What You Don’t Know

Knowledge is your first line of defense in a divorce. For example, New Jersey utilizes what is known as equitable distribution or division standard when it comes to marital assets and debts (and who gets what). Under the equitable division of property standard, assets and debts are divided in a manner that is deemed just and equitable under the facts and circumstances of a particular case. You need to bear in mind that equitable does not mean equally. Courts consider a variety of factors that include:

The marriage’s duration
Each spouse’s earning capacity
Contributions to the marriage

Child custody decisions hinge on another judicial standard used in a New Jersey marriage dissolution case. This is the best interests of the child standard. In basic terms, the best interests of the child standard keeps the focus on the child’s well being above other issues when it comes to matters like custody, parenting time, and support. Continue Reading →

Why You Should Not Represent Yourself in a New Jersey Child Custody Case

July 20, 2025 | by The Law Offices Of Peter Van Aulen

A New Jersey child custody case has the potential to be among the most complicated legal proceedings in a court in the Garden State. Navigating a New Jersey child custody case typically is an emotionally charged and legally complex process. While the idea of self-representation might seem appealing to avoid attorney fees or to maintain personal control, that is not necessarily the best approach to take this type of proceeding. Self-representation oftentimes leads to unfavorable outcomes for a party to child custody proceedings. There are a number of significant, key reasons why you should not represent yourself in a New Jersey child custody proceeding.

Lack of Legal Knowledge Can Hurt Your Case

At the outset, it is important to understand that New Jersey family law is intricate and continually evolving. Custody decisions hinge on the “best interests of the child.” This is a legal standard that requires a detailed understanding of legal statutes, case law, and judicial discretion. The bottom line is that without a legal background, you may misinterpret rules, miss deadlines, or fail to present essential information. Making these mistakes can have a devastating impact or effect on your position in a child custody proceeding.

Courtroom Procedure Is Not “User-Friendly”

New Jersey family courts operate under what are considered strict procedural guidelines. Family court judges expect all parties to follow court rules and protocols, submit the correct documentation, and meet filing requirements. This is required whether or not a person appearing before the court is an experienced attorney or an inexperienced party to a divorce case. The reality is that missing a single procedural detail, such as a required form or deadline, can result in your case being delayed or even dismissed. Attorneys are trained to navigate these procedures seamlessly. A layperson simply is not. Continue Reading →

Dangers of Living with Significant Other During Divorce

July 14, 2025 | by The Law Offices Of Peter Van Aulen

When a marriage ends, the period of separation and divorce can be tumultuous, emotional, and legally complex. One key decision that can significantly influence both the legal outcome and emotional well-being of those involved in a New Jersey marriage dissolution case is whether to live with a significant other during this time. There are a number of facts and factors to bear in mind when it comes to living with a significant other during divorce.

Negative Impact on Custody and Parenting Time

In a New Jersey divorce proceeding, the best interest of the child is the paramount consideration when determining custody and parenting time arrangements. Introducing a new partner into the household, especially during an ongoing divorce, can raise red flags in the eyes of the court. Judges may question the stability of the child’s living environment, the character of the new partner, or whether the cohabitation is confusing or even potentially emotionally harmful to the children.

In some cases, the presence of a new partner can be used by the other parent to argue for limited custody or supervised parenting time. This particularly is the case if the romantic partner has a questionable background or if the transition for the children has not been handled with care. Continue Reading →

How to Deal with Spousal Financial Abuse: Protect Yourself in a Challenging Situation

September 22, 2024 | by The Law Offices Of Peter Van Aulen

Spousal financial abuse is a form of domestic violence where one partner controls or exploits the other partner’s financial resources. This form of abuse can manifest in various ways, making it difficult for the victim to achieve financial independence or feel secure. Some common tactics include controlling access to bank accounts, where the abuser might not allow the victim to have their own bank account or insist on monitoring all transactions.

The overarching goal of spousal financial abuse is to gain power and control over the victim, making it extremely challenging for them to leave the relationship or achieve financial independence. Financial abuse can have long-lasting impacts, not only on the victim’s financial stability but also on their mental and emotional well-being. Continue Reading →

Strategies to Deal with Your In-Laws During a New Jersey Divorce

August 9, 2024 | by The Law Offices Of Peter Van Aulen

In a majority of New Jersey marital dissolution proceedings, the parties to the cases have in-laws that may be orbiting around and about. With this in mind, there are strategies to bear in mind when it comes to dealing with in-laws during the course of a New Jersey divorce.

Stay Calm

A divorce is an emotionally taxing experience, and interactions with in-laws can sometimes add to this strain. Despite the heightened pressure and potential for conflict, it’s imperative to keep calm and composed during any discussions or confrontations. Maintaining a cool demeanor can not only prevent the situation from spiraling out of control but also pave the way for more constructive conversations. It might seem challenging at times, but striving for serenity and calm during these interactions can prove immensely beneficial.

Set Boundaries

Amid the tumult of New Jersey divorce proceedings, it’s crucial to establish clear boundaries about what topics are permissible for discussion. These boundaries can encompass a variety of areas, from your personal relationship with your ex-spouse to financial matters or plans for the future. It’s essential to communicate gently but firmly to your in-laws what you’re comfortable discussing and what topics you’d prefer to avoid. By doing so, you can guide conversations in a direction that’s more comfortable for you and potentially sidestep unnecessary conflict. Continue Reading →

9 Steps to Prepare for Enjoyable Parenting Time with Your Child

June 10, 2024 | by The Law Offices Of Peter Van Aulen

If you are a noncustodial parent, you undoubtedly want to make the most out of parenting time with your child or children. With that in mind, there are a number of important steps to take to best prepare for enjoyable parenting time with your child. We take a look at nine key steps to prepare for enjoyable parenting time:

Plan activities
Establish routine
Prepare meals
Discuss expectations
Be patient
Stay positive
Listen to your child
Be flexible
Enjoy your parenting time

Plan Activities

One of the first steps you can take to prepare for quality parenting time with your child is to plan engaging activities. Brainstorm and create a list of activities that both you and your child can enjoy together. This could range from playing an interactive board game, taking a scenic trip to the local park, indulging in a creative craft project, or reading an enriching book together. Having a variety of activities planned can not only keep your child entertained but also build their excitement about spending time with you.

Establish Routine

Children tend to thrive in structured environments. Therefore, making an effort to establish a routine for the time you spend with your child can be incredibly beneficial. This routine can encompass regular mealtimes, nap times, and bedtimes. A routine provides a sense of security and predictability, helping children understand what to expect during their day and making them feel more secure and comfortable. Continue Reading →

Key Statistics About Divorce in New Jersey

March 17, 2024 | by The Law Offices Of Peter Van Aulen

If you are one of many people in the Garden State who might be thinking of divorce at this time, you may have a feeling of being alone, isolated. When it comes to divorce in New Jersey, perspective can be helpful. With this in mind, we provide you with some key statistics about divorce in New Jersey.

New Jersey Divorce Rate

The divorce rate in New Jersey currently stands at approximately 2.7 divorces per 1,000 population. This significant figure provides a reliable insight into the prevalence of divorce within the state, indicating a fairly high frequency of marital dissolution.

Interestingly, New Jersey’s divorce rate is lower than the national average in the United States, which is approximately 3.2 divorces per 1,000 population. This implies that marriages in New Jersey tend to be slightly more resilient and enduring compared to the national average.

Remarkably, New Jersey boasts the lowest divorce rate in the Northeast region of the United States. This suggests that, compared to its regional counterparts, New Jersey fosters a relatively stable environment for marriages, possibly due to a combination of socio-economic factors and state policies. Continue Reading →

New Jersey Divorce: Myths and Misconceptions

January 15, 2024 | by The Law Offices Of Peter Van Aulen

A variety of persistent New Jersey divorce myths and misconceptions exist. We take a moment to dispel some of these commonplace mistaken beliefs about New Jersey marriage dissolution cases.

Divorce Always Leads to a Bitter Court Battle

Many people believe that divorce automatically results in a hostile and contentious court battle. While some divorces do involve disputes, it’s important to note that many couples are able to reach amicable agreements through mediation or collaborative divorce. These alternative methods of dispute resolution can help minimize conflict and promote a more positive outcome for both parties.

Mothers Nearly Always Get Custody of the Children

Even in 2024, there is a fairly common misconception that mothers always receive custody of the children in a New Jersey divorce case. However, child custody decisions are actually based on the best interests of the child. Factors such as parental involvement, stability, and the child’s needs are taken into account when determining custody arrangements. Both parents have an equal opportunity to demonstrate their ability to provide a nurturing and supportive environment for their children.

Divorce Nearly Always Involves Infidelity

Infidelity is often cited as an underlying cause of a New Jersey divorce, but it is important to recognize that there are often multiple reasons that contribute to the breakdown of a marriage. Issues such as communication problems, financial difficulties, or incompatible goals can also play a significant role in the decision to divorce. It’s important to avoid assuming that infidelity is the sole cause of all divorces.

A New Jersey Divorce is Easy if Both Parties Agree Continue Reading →