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Divorce (contested and uncontested) |
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Divorce (contested and uncontested) There are a number of legal reasons which permit the court to
grant a divorce, including, but not limited to, adultery, extreme
cruelty, separation, voluntarily induced addiction, institutionalization
for mental illness, imprisonment, desertion, habitual drunkenness
or deviant sexual conduct. All attorneys in the law offices of Borger
Jones Matez & Keeley-Cain P.A. are knowledgeable in divorce
issues and courtroom-experienced to handle personal circumstances
in your case from initial filing to the entry of a final If you and your spouse or partner have children, the court must
decide with whom the children will live. Although the court takes
into consideration the wishes of the parents and in some cases the
wishes of children in deciding custody issues, the court is required
by law to determine what custodial arrangement is in the best interests
of each child. Custody agreements address both physical custody
- the rights and responsibilities regarding the day-to-day care
and activities of their children- and legal custody - the legal
rights and responsibilities associated with the child's upbringing.
Parents are encouraged to settle these issues themselves with the
help of mediators (provided by the court) in and with the assistance
of the parents' attorneys outside of the mediation sessions (which
the attorneys do not attend). Prolonged custody battles are generally
not good for the children. It is best for the children to have as
much contact as possible with both parents. The court will set up
a schedule to accomplish this unless the parents can settle this
themselves. Relocation from NJ with Children While some parents are free to move with their children from state
to state, under New Jersey law, neither parent can remove children
(born in New Jersey or who have lived here for at least five years)
from the State of New Jersey without the other parent's consent
or a court order (unless the children are well into their teens
and want to move out of state with a parent). Our firm has handled
and defended many such relocation applications over the years. Both parents have a legal obligation to support the children. Depending
on the custody agreement, non-custodial parents are typically required
to pay child support on a regular basis until the child or children
reach the age of 18. The amount of child support paid varies depending
on the parent's income and the needs of the dependent children.
If you fail to make these payments in a timely manner, you face
substantial penalty. Fault has no effect on child support. New Jersey is one of the few states that authorizes its judges
to allocate the cost of college between the parents (after allocating
a portion of the cost to the child). There are many factors taken
into account in such a determination, including continuing child
support for the college student, also something that In New Jersey, certain spouses may be entitled to ongoing financial
assistance from their former spouse after the divorce. This monetary
support can be requested by either party. These payments may be
for a short or long period of time. Whether support is awarded depends
upon factors such as (1) length of the marriage; (2) the income
and earning ability of each party; (3) the educational background
of each party; (4) the extent to which a party may have had his
or her education or career interrupted by raising children; (5)
the physical and emotional health of the parties; and (6) other
financial and personal circumstances of each party as set forth
in our state statutes. What type of alimony, if any, might be appropriate
in your case will depend upon many facts and factors that will have
to be determined, weighed and analyzed before an opinion on alimony
can be rendered by any attorney. Division of Marital Property and Debt Although over 99% of the divorce cases filed are settled at some
point, for those few cases that do not settle and must go through
a trial before a judge, the court must decide what is a fair division
of the assets (property interests) acquired and debts incurred during
the marriage. For example, the court must often decide who will
live in the house, whether it will be sold and, if so, when. If
the home is to be sold, the court may be asked to divide the monies
received from its sale. The court may also decide how bank accounts
are to be divided, what percentage of the other party's pension
or other retirement accounts are to be distributed and who is responsible
for each of the family's debts. How the court decides these issues
can affect the court's decision on alimony and child support. Those
couples who are able to reach settlement on these issues will avoid
having their assets consumed by litigation costs. Fault has no effect
upon distribution of property or debt. Pre-Marital and Cohabitation Agreements Some people with assets of value want to enter into pre-marital
agreements before going through a marriage ceremony; others do not
wish to marry but want to cohabit and enter into an agreement that
governs the cohabitants' rights and obligations to one another and
one another's assets, debts, and income. All of the attorneys in
the firm have experience in drafting and Legal Issues of Non-Married Individuals and Same Gender Cohabitation and Breakup Issues New Jersey has adopted a Domestic Partnership Act in recognition
of the non-marital, family relationships that exist between some
same gender individuals (or opposite gender individuals of age 62
or over who live together as a family unit, as the statute reads).
Although this is a relatively new area of New Jersey law, we are
prepared to draft such agreements and assist individuals covered
by the Act to protect themselves and their Protection from Abuse Orders/Domestic Violence At the law offices of Borger Jones Matez & Keeley-Cain P.A.,
our attorneys represent both sides of domestic violence. The most
common forms of domestic violence are assault, threats, and harassment.
Abuse does not have to be physical, but can be any behavior that
causes the victim to fear for his or her safety. Some examples include
veral threats to strike, kick or sexually assault the victim. In
New Jersey, victims must be 18 years old or older to file a domestic
violence complaint in court. The courts do not distinguish between
victims based on physical or psychological condition or by sexual
orientation. The Prevention of Domestic Violence Act is not Such an order, while not guaranteeing a person's safety from another,
does provide a remedy when another person refuses to respect boundaries.
If you are a victim of physical abuse or have been verbally assaulted,
you should call the police immediately. Once you are safe, please
contact an experienced attorney in our offices at Borger Jones
Matez & Keeley-Cain P.A. to assist you. Adoptions - Who can adopt a child? In NJ, unlike some other states, married couples are not the only
ones who can adopt. Single adults, as well as gay and lesbian couples,
can also adopt. A married person cannot adopt a child alone unless
the other spouse gives permission. What is the difference between an "open" and "closed" adoption? An "open" adoption is one in which there is some level
of contact between the adoptive parents and the biological parents
both before and following the adoption. The level of contact varies.
A typical arrangement might involve sending pictures back and forth
or letters on regular intervals, or in some cases, even having visits.
Ultimately, it is up to the adoptive parent how much contact will
be allowed. In a "closed" adoption, there is no contact
between the adoptive and biological families. What is a surrender of parental rights? Can a birth parent change his/her mind after signing a valid surrender? A surrender of parental rights is a signed consent to place a child
for adoption and surrender of all parental rights by a biological
parent. It can only be taken by an adoption agency, approved by
the state of NJ, at least 72 hours after the birth of the child.
Once a valid, agency surrender has been signed, it is irrevocable.
A biological parent can only contest a surrender in court if he/she
is able to prove fraud, duress or misrepresentation on the part
of the adoption agency in the manner in which the surrender was
obtained in taking the surrender. Are open adoptions enforceable by NJ courts? At present, NJ courts do not recognize open adoptions. Under NJ
law, once an adoption is finalized, all rights of the biological
parents are terminated. Therefore, such agreements cannot be enforced
by the court. Mediation of Divorce and Family Issues Mediation is an alternative for divorcing couples to reach a fair
settlement. Divorce can exact an emotional toll on individuals and
families. Mediation can often help divorcing couples reach a settlement
in a less adversarial manner than traditional legal processes. Divorce
mediation is a confidential process in which a trained mediation
professional helps the divorcing parties work out a mutually acceptable
solution to their disagreements. Gary Borger received special training
in divorce mediation from Harvard Law School. He listens to the
issues on both sides and tries to guide the parties to a peaceful
resolution. Mr. Borger brings new perspectives to the mediation
proceeding because of his special mediation training and 28 years
of family law experience in the state of New Jersey.
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