Domestic Violence in New Jersey

Posted on February 7, 2012 by glmain

Domestic violence is a serious problem that destroys families on a daily basis.  Legally, domestic violence has serious consequences and can affect:

  • Personal safety issues
  • Living arrangements
  • Child custody/visitation
  • Spousal support

A report by the New Jersey State Police Uniform Crime Reporting Unit shows that in 2008:

  • There were 70,613 domestic violence offenses reported by the police
  • Domestic violence murders increased 50 percent over the previous year
  • Assault and harassment accounted for 86 percent of the reported offenses
  • Only 31 percent of the reported offenses resulted in an arrest
  • Children were involved or present during 33 percent of all domestic violence offenses
  • Females were the victims in 76 percent of all domestic violence offenses
  • Alcohol and/or drugs were involved in 28 percent of the reported offenses
  • The elderly were the victims in 21 percent of the domestic violence murders.
  • Based on statistical data an act of domestic violence occurs every seven and a half minutes in New Jersey

Domestic violence is the act of obtaining control of another through the use of force, whether physical, emotional or psychological and can manifest in a number of ways including:

Physical abuse:

  • Slapping, hitting, kicking, punching
  • Threats with weapons
  • Forced alcohol/drug use
  • Sexual abuse (including marital rape)

Verbal/emotional abuse like harassment, threats of violence and destruction of personal property.

Studies have shown that domestic violence has long term and serious effects, and victims of domestic violence can suffer from:

  • Depression
  • Poor self-esteem
  • Physical illness
  • Withdrawal
  • Anger/rage
  • Chronic fear

Get the help and protection you need

Without legal intervention and protection, domestic violence can escalate and lead to serious injuries or even death.  If you are a victim of domestic violence an experienced New Jersey domestic violence attorney can help you to obtain restraining orders and other legal remedies for your protection.  Contact Morgenstern & Rochester online or call (856) 489-6200 today to learn how we can help you.

 

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Shared Custody and Joint Custody in New Jersey

Posted on February 1, 2012 by glmain

In recent years, shared custody has become more prevalent among divorced or separated parents. New Jersey’s child custody laws are gender neutral and more fathers are taking active roles in their children’s day to day lives making shared custody more common.

In New Jersey, there are two components to the custody of a child.  The first component is legal custody which is the right to make major decisions concerning the health, education and welfare of the children.  The second component is physical custody which means where is your child and when.

It is common for couples to opt for joint legal and physical custody where each parent shares the legal and custody decisions relative to their children.

In shared custody cases, the parents share both legal custody, i.e. they have joint decision-making responsibilities for their children over issues such as their children’s health, education, welfare and religion, and physical custody, i.e. each parent has a substantial amount of parenting time with the children.

To have shared custody under New Jersey law, a three factor test must be met:

(1) the parties must have a written parenting plan that specifies parenting times and the responsibilities for each parent;
(2) each parent must have the substantial equivalent of at least two overnights, on average, per week with the children not including holidays and vacations; and
(3)  the parents must be able to communicate and make important decisions concerning their children together.

The last factor, the ability to work together in the best interests of the children is the most important.

New Jersey also has what is known as joint custody.  Joint custody is like shared custody but with near equal parenting time for both parents and with each parent having equal responsibility for all decisions concerning their children.  With parents taking more active roles in their children’s lives, joint custody is becoming more prevalent.

Under joint custody, parents typically work out a co-parenting plan based upon work schedules, housing arrangements and the needs of their children to try and reach a near equal amount of time with each parent.  An experienced New Jersey child custody attorney can provide assistance in working out a co-parenting plan.

The advantage of joint custody is that your children have continuing contact and involvement with both parents.  The disadvantages are the expense of maintaining two homes; additional transportation needs in driving the children from house to house, and that disagreements between the parents can negatively affect the kids.  However, joint custody can be a good solution when parents approach it from the view of what is in their children’s best interest.

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Post Divorce Modifications in New Jersey

Posted on September 9, 2011 by glmain

Divorce settlements are often hard-fought battles and if you’re lucky, as fair as possible in the current circumstances.  However, life after divorce often brings about unanticipated changes, making the original settlement agreement untenable for one or both parties.  In New Jersey it is possible to modify aspects of your divorce settlement agreement if a substantially changed circumstance affecting the welfare of your child has occurred.

Depending on your situation, you may be able to go to court and request a modification of your settlement.  In post divorce modifications the most common changes requested include:

  • Child custody and visitation.  You may request a change in custody and/or visitation if your ex spouse has become unfit as a parent – such as behaviors that would endanger or create a harmful environment for your child.  Visitation and custody may also be changed when your ex spouse seeks a move-away order, because he or she wants to move your child out of state.
  • Child support.  Requests for a change in child support is made when financial situations have changed for either the custodial or the non-custodial parent, such as reduced income, loss of employment, a serious illness, or additional support obligations to a child from another relationship.
  • Alimony.  You may request a change in alimony payments when either parties’ financial situation changes, such as death of either party, remarrying or cohabitation of the dependent spouse, an increase or decrease in income, loss of employment and, a serious illness.
  • Debt and asset distribution.  You may request a change in debt and asset distribution if your ex spouse failed to disclose assets at the time the marital estate was determined.

Talk to our New Jersey family law attorneys

If you feel your change in circumstances warrants a post-divorce modification, you need to speak to an experienced Cherry Hill modifications attorney.  Contact Morgenstern & Rochester online  or call (856) 489-6200 to discuss your post divorce modification.

 

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Division of Marital Property in New Jersey

Posted on September 8, 2011 by glmain

For the purposes of a divorce settlement, New Jersey is an equitable property state.  Which means that marital property is divided based upon what is fair and not necessarily equally.  In determining the equitable distribution of marital property, the court considers many factors including:

  • The duration of the marriage;
  • The age and physical and emotional health of the parties;
  • The income or property brought to the marriage by each party;
  • The standard of living established during the marriage;
  • Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
  • The economic circumstances of each party at the time the division of property becomes effective;
  • The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
  • The contribution by each party to the education, training or earning power of the other;
  • The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
  • The tax consequences of the proposed distribution to each party;
  • The present value of the property;
  • The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
  • The debts and liabilities of the parties;
  • The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
  • The extent to which a party deferred achieving their career goals; and
  • Any other factors which the court may deem relevant.

How the property is divided

Often divorcing couples are able to decide how to divide the marital property and debts and can reach a fair agreement.  However, when a couple cannot reach an agreement, the court steps in and decides on the equitable division of marital property.

A fair division is based upon value, rather than physical division, meaning each spouse is awarded a percentage of the total value of the property.  The division should result in each spouse getting items whose worth equals his or her percentage.

Only marital property is divided between the spouses and typically includes, all income during the marriage and everything acquired with that income, plus all debts accumulated during the marriage.

Non-marital property is considered the private property of each spouse and may include, gifts, inheritances, and other property owned by the spouse prior to the marriage.  An experienced New Jersey family law attorney can answer your questions about what property is marital and non-marital for purposes of property division.

Contact Morgenstern & Rochester online or call (856) 489-6200 and schedule a consultation to discuss your divorce settlement matter.

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