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Throughout New Jersey, parents are grappling with how to safely share custody amidst the Corona Virus pandemic. Read our recent article on this topic.

Divorce

Once a spouse makes the decision to seek a divorce from the other spouse, it is also important to understand what will be involved in "getting divorced." Other than dissolving the bonds of matrimony, the following major issues will be determined in a divorce:

1. Custody and parenting time - determination of legal/decision making authority and residential custody/allocation of parenting time to each parent.

2. Income Determination - this may include imputation of income where a spouse is unemployed or underemployed.

3. Child Support - determination of the amount of support for the child, payable by one parent to the other, generally received by the parent with whom the children reside.

4. Alimony/Spousal Support - the determination of payment of alimony from one spouse to the other (if applicable).

5. Equitable distribution - division of all assets and debts acquired during the marriage and a determination if assets are exempt from distribution.

6. Valuation of Assets - ensuring that all parties are fairly appraised of the value of marital assets.

Spouses should know that there are multiple ways to dissolve a marriage. Divorce can be achieved by way of litigation, mediation, collaboration and arbitration. The professionals at Maleski, Eisenhut & Zielinski, LLC are available to assist in each method and can help select the most appropriate for the individual circumstances.

Restraining Orders

What are Restraining Orders and How do They Work?

Restraining Orders are meant to protect victims of domestic violence from further abuse. Offenses that form the basis of a Restraining Order frequently are harassment and assault, but also include homicide, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass and stalking.

Child Custody

Custody in New Jersey has two aspects: "legal custody" and "residential custody." Legal Custody is the responsibility for major decisions in the child's life, such as health, education and general welfare of the child. Most often courts designate, or both parties will agree that, the parents are "joint legal custodians" and the parents will be vested with "joint legal custody." This means that both parents have equal and joint rights to the major decisions relating to the child and the parents must decide on these major issues jointly. The alternative is sole legal custody to one parent or party, which is appropriate in some cases.  Residential custody refers to the time-sharing arrangement between parents.

Alimony

In New Jersey, there are several different forms of spousal support, also referred to as alimony. These include: open duration alimony, limited duration alimony, rehabilitative alimony and reimbursement alimony. The purpose of alimony is to help the supported spouse maintain a lifestyle similar to that of the marriage, if possible.

Equitable Distribution

The allocation of assets and debt in New Jersey is called "equitable distribution." It is important to note that equitable does not mean equal; it means fair.  Generally assets and debt, which are subject to division are those that were acquired during the marriage. Sometimes, however, assets that are acquired during the marriage may not be divisible; rather they may be exempt from distribution.  This may be applicable where an inheritance or gift is received by one spouse and that asset is maintained separately by that spouse during the marriage, and not commingled. If you think that you may have an asset which is exempt, it is important to speak to an attorney to verify and ascertain whether your belief is accurate as the analysis is fact sensitive.

Arbitration

Arbitration is another form of dispute resolution. It is a voluntary process, like mediation and collaboration. Both parties must elect to arbitrate.

The arbitrator, generally a private attorney selected by the parties, acts as judge and charges an hourly rate. Evidence and legal argument is presented to the arbitrator by the parties involved (or their counsel if they are represented) in a fashion very similar to that of a trial. It takes place in the office of the arbitrator or an agreed upon location. The arbitrator rules on the issues.

One of the benefits of arbitration is that the matter generally proceeds more quickly and the final order tends to be generated faster than the regular court process. The matter can also remain confidential which is advantageous to clients who wish to have their disputes remain private.

Child Support

In New Jersey, child support operates to ensure that children are not the economic victims of divorce or out-of-wedlock birth. A child support obligation continues until the child becomes emancipated. In many cases, this can extend past the child's 18th birthday. It may include contribution toward college expenses. While the primary custodial parent usually receives this support, in some situations the parent who does not have custody of the child the majority of the time may be entitled to receive child support.

Amicable Resolution

Any two spouses can amicably resolve their divorce a issues or post-divorce disputes. Some spouses can discuss issues and arrive at a solution acceptable to both. All spouses should, at minimum, consult with an attorney to ensure that they are educated about New Jersey divorce law and the implications and effects of their agreements, actions, or non-actions.

Prenuptial Agreements

Prenuptial Agreements, Mid-Marriage Agreements and Reconciliation Agreements are all agreements that are entered into before, or during, a marriage. They are designed to minimize litigation and often set forth agreements that will dictate the terms of any future divorce. These agreement have broad implications and can be used to protect assets and minimizes support obligations. Given their potential scope, anyone considering signing such a document should consult with an attorney. These documents also have specific requirements that must be met in order to be enforceable. The attorneys at Maleski Eisenhut & Zielinski, LLC are able to draft these types of agreements to survive judicial scrutiny.

Post - Divorce Matters

Sometimes after a divorce, parties encounter difficulties that require legal intervention. These are referred to as "post-judgment" issues. Sometimes, one party is not complying with the Agreement, so the other seeks to enforce it and obtain compliance; or circumstances have changed for one or both spouses and one or both spouses may seek modification of child support or alimony.