FAMILY LAW
Few cases can be as intense and contentious as matrimonial cases when the parties are unable to resolve the economic , familial and support controversies between them. In those cases, the matrimonial court will decide the case if the litigants are unable to come to terms. However, it is important for the parties to fully understand their legal rights at every stage of the proceedings. The counsel and guidance of an attorney is essential.
It is important to note, however, that the majority of cases are resolved by negotiation at some point in time and only a few cases are tried to conclusion as to all issues. At some point or another in the course of a matrimonial litigation, the parties, either by themselves or through their attorneys , have to sit down and conference their case. Towards this goal, the courts have implemented procedures for the financial mediation of the economic issues.
DIVORCE
The Courts in New Jersey are quite liberal in awarding judgments of divorce. In our day, the mere testimony of a party to establish the reason for the divorce (the “cause of action”) is legally sufficient to grant the dissolution of the marriage. Some judges even dispense the requirement of producing a certificate as a pre-requirement for the issuance of a final judgement of divorce. So, if you believe that your divorce case is going to have more merit for reason of the culpability of your spouse in the breakdown of the relationship , we have bad news for you: the divorce courts in New Jersey pay little (if any) attention to what lawyers call the “cause of action”.
As a matter of fact, the cause of action is not even considered as the determining factor in awarding custody of children in the State of New Jersey. Recently, our legislature , in order to relax the rules and make easier for the parties to seek a divorce, codified a “cause of action” commonly known as “ irreconcilable differences”. As a result of that relatively new legislation, spouses who want to dissolve their bonds of their marriage can now choose to sue for divorce on the grounds of “irreconcilable differences” if those differences have lasted for more than 6 months prior to the filing of the complaint for divorce.
The controversial parts of the contested divorce disputes usually concern the issue of the children’s custody, parental visitation , child support, equitable distribution of the marital property and support for the financially dependant spouse (alimony).
CHILD SUPPORT
What normally makes a case hotly contested in the Courts is when the parties have custody and visitation issues and/or financial disputes in reference to support or distribution of property. As to child support issues, the court makes a determination on the amount of child support to be paid by the paying spouse (“the obligor”) based on State Child Support Guidelines. In addition, the Court shall also consider, but not be limited to other factors in deciding the amount of child support to be paid.
CUSTODY OF CHILDREN
Unless the parties can agree, custody of the unemancipated minor children of the marriage is determined by the "best interest of the children standard”. Both parents begin the process with an equal entitlement to parenting rights. There are statutory and other criteria, which Judges are to apply in making custody and parenting determinations.
The Supreme Court in Beck v. Beck, 86 N.J. 480, 485 (1981) has stated that the pertinent statute [N.J.S.A. 2A:34-23] provides courts with broad authorization for custody determinations in divorce proceedings.
ALIMONY
Alimony for the parties is based on a number of factors. In N.J.S.A. 2A:34-23(b), New Jersey's alimony Statute provides:
In all actions brought far divorce, divorce from bed and board, or nullity the, court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In doing so, the court shall consider, but not be limited to, the personal circunstances of the parties and a number of factors enumerated and governed by statute and case law. |
