Those receiving child support or alimony payments rely on that money to pay for their living expenses. Even if the person who pays those support payments (called the payor) always pays on time, a question arises of what will happen to the recipient of those funds in the event of…
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 Divorce Lawyer Blog
WHAT TO DO WHEN THE NON-CUSTODIAL PARENT DOES NOT FOLLOW THE DIVORCE JUDGEMENT
Whether you divorce by settlement agreement or a judge orders divorce terms after a trial, the resulting judgment is a legally binding court order. Your settlement agreement is incorporated into your judgment. If your ex doesn’t abide by its terms, either for custody or child support, you have a few…
Can A Final Restraining Order Be Dissolved In New Jersey?
Final Restraining Orders (FRO’s) are permanent in the State of New Jersey, which means that they do not have an expiration date. Without going to court to request a change in the FRO, it will continue to be valid indefinitely. In order to remove, modify, or dissolve a FRO the…
May a Court Impute Income when Calculating Alimony If the Party is Already Employed Full Time?
The calculation of alimony payments upon divorce can be a tricky undertaking. In New Jersey, a family court judge will look at the financial lives of both spouses, and then apply an appropriate set of factors to determine an appropriate payment amount. Of course, the judge must have access to…
Is a Child Emancipated When He or She No Longer Resides with Either Legal Parent In New Jersey?
Under New Jersey law, emancipation of a child occurs when the dependent relationship between the parent and the child ends. The term emancipation is used largely in the context of child support, as the emancipation of a child signals the end of the requirement of a parent to pay child…
NEW RULES FOR DIVORCE AND ARBITRATION IN NEW JERSEY
Arbitration is increasing in popularity in New Jersey divorce cases due to its ability to significantly reduce the cost and length of the legal process. New rules that were adopted in 2015 ensure that New Jersey courts are able to review and enforce arbitration awards in divorce cases. COURT RULE…
How to Find the Right Marriage Counselor for You
Perhaps you and your partner are having major issues in your marriage, or maybe the two of you just want to work on your communication skills. In either case, it might be advisable to reach out to a marriage counselor for help. Many people begin looking for a counselor via an online search,…
EARLY SETTLEMENT PANEL IN A NEW JERSEY DIVORCE
Early settlement is an alternative dispute resolution program for married couples going through a divorce. The goal of the program is to allow the parties to reach a settlement on the issues in dispute early on in the divorce process to avoid the lengthy and expensive litigation process. As is…
WHAT IS THE LEGAL SEPARATION PROCESS IN NEW JERSEY?
The term “legal separation” is used nationwide, but the process can be different depending on your state — and sometimes even within the same state. Technically, New Jersey doesn’t recognize legal separation, at least by that name. You don’t have to file a complaint with the court if you and…
DIVORCE LAW: HOW TO CHANGE A SURNAME
Oftentimes when a divorce case is filed, a party desires a restoration of their maiden name or even a prior surname that may not be the last name she or he had at the time of her birth. There are a number of considerations to keep in mind when it…