MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.
New Jersey has a set of statutes on the specific requirements of NJ prenuptial and pre-civil union agreements and enforcement of them, referred to as the Uniform Pre-Marital and Pre-Civil Union Act. The details begin at N.J.S.A. 37.2-31 and continuing thereafter. The Purpose: Protection Prenuptial and pre-civil union agreements set…
The Child Support Guidelines apply to support for all children whose parents combined net income is between $8,840.00 annually ($170.00/week) and $187,200.00 annually ($3,600.00/week). The guidelines amount, within this span of income, is presumed to be the correct amount of child support, though there are reasons to deviate from guidelines,…
Although New Jersey became a “no-fault” state in 2007, no-fault divorce was an addition to grounds based divorces, not an elimination grounds. There is now a choice whether to seek divorce on a no-fault or fault based grounds. A fault based divorce gives no advantage on determinations of property division,…
The Bisbings entered into a Marital Settlement Agreement (MSA) that contained specific provisions about relocation of the children. The provision was quite detailed, including specifics about proximity of local relocation distance limits as well as out of state relocation requiring agreement of the parties or court order. The parties considered…
Criminal Coercion, in its simplest terms, is a threat of some sort of harm for the purpose of compelling someone to act in a way they would not otherwise act. The person threatened is the victim of the criminal coercion. Think in terms of someone threatening to harm your children…
When your divorce is the result of a cheating spouse, it can often be difficult to accept. Too often, the faithful party accepts the blame and responsibility for their spouse’s infidelity. It’s important to recognize that cheating is a choice your spouse made. It was not your idea. You will…
New Jersey legalized same-sex marriages in 2013 after a tumultuous start. Superior Court Judge Mary Jacobson ruled in September of that year that same-sex couples could marry. Not so fast, said Governor Chris Christie. He filed an appeal. The New Jersey Supreme Court allowed Jacobson’s ruling to stand pending the…
THRESHOLD ISSUE: IS THE MARITAL RESIDENCE AN ASSET THAT IS SUBJECT TO EQUITABLE DISTRIBUTION? In most New Jersey cases the home is considered joint marital property and will be subject to equitable distribution at divorce. How do we determine if the home is marital property? The main issue we look…
Family law cases are complex legal matters that often involve mountains of paperwork. Just as one party to a case will have reams of papers on his or her case, family law judges are often inundated with paperwork of their own. Motion papers make up a significant portion of the…
Approximately one in three spouses — 31 percent, according to Business Insider — confess to lying to their partners about money. Whether this occurs before or after divorce begins looming on the horizon is unclear, but it’s safe to say that financial trust is not absolute in marriage. You might…