There is no shortage of cases concerning NJ Restraining Orders, and the most recent appellate case on this topic just came down on June 5. In T.M.S. v. W.C.P., the issue was whether the court abused its discretion by reinstating a final restraining order against the plaintiff, T.M.S, sua sponte,…
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
Why You Should Not File a Divorce in NJ Without a Lawyer
Divorces can be expensive. You are splitting up your assets, and probably splitting a two-income home in half (or having to provide for two households at the least). You think you and your spouse can pretty much agree to anything, so you decide to file for divorce without consulting or…
Adultery and Divorce in New Jersey
Adultery is one of the most common causes of divorce in New Jersey. It can also make divorce incredibly fraught and complex, with emotions ruling the day instead of clear heads and rational thoughts. Sometimes, parties who divorce want to use the court system as a way of ‘getting back’…
6 Keys to Surviving Your Divorce in NJ
Divorce is a painful experience that nobody wants to face, but there are ways to make the process easier on yourself. As you go through your divorce in NJ, remember these six keys that can help hold you together during this emotionally challenging time. Get healthy. Don’t allow yourself to…
FREQUENTLY ASKED QUESTIONS FAQs ABOUT NEW JERSEY ALIMONY LAWS AND RETIREMENT
Will my alimony obligation end upon retirement under New Jersey alimony laws? On September 10, 2015, the Governor of New Jersey signed into law an amended alimony statute. Said amended statute made a number changes in regard to alimony and retirement. According to the amended statute, there is now a…
EQUITABLE DISTRIBUTION Of DEBT IN A NJ DIVORCE
Going into divorce actions, people often do not realize that it is not just marital assets that are distributed by the court. Marital debt is also equitably distributed by the court. Equitable distribution in NJ does not mean equal. Distribution of debt will be done in a way that is…
R.G. v R.G. and New Jersey Restraining Orders
Sometimes, in family law, when you hear the words ‘Restraining Order,’ it is easy to assume that there was an issue of family violence between spouses, or people in a dating relationship. But it is important to remember that the statute is much broader than this, and includes anyone in…
Palimony in New Jersey – An Expensive Friendship
The recent case out of New Jersey between Michael J. Thieme and Bernice Aucoin-Thieme explores the rules of equitable distribution and principles of equity in a love affair turned marriage, turned sour. The two parties met, briefly dated, and shortly after, Bernice discovered she was pregnant. Bernice had been working…
Ricci v. Ricci: A Fact-Intensive Inquiry into Emancipation in New Jersey
There is no question that parents owe their children a duty of support. The struggle between courts and parents alike is how long that duty needs to last. Most states agree that 19 years of age is the latest a parent is required to support the child, including New Jersey.…
Failure in Duty of Good Faith and Fair Dealing under NJ Family Law
What happens when a party to a divorce proceeding, before, during or after divorce, disposes of personal property belonging to the other party? The party disposing of the personal property will be penalized in some fashion. This question came to the forefront in the Superior Court, Ocean County before the…