In fact, this type of arrangement is fairly common in some states and it is typically included in a morality clause. This recently led to a fairly high-profile case in Texas, where a judge has ruled a lesbian couple cannot live together because one of the women has a morality clause in her divorce papers.
]]> The morality clause is set to expire when the woman re-marries, but this is not possible since the couple lives in a state where same-sex marriage is not legal.The married couple, who are parents to two daughters, divorced in 2011. They divorced in a county where a morality clause is part of the standard divorce procedure. It applies to every divorce case, and states that significant others cannot be in the home with the divorced parent after 9 p.m. if the children are home. As noted above, the morality clauses expire upon remarriage.
The lesbian couple had been living together for almost three years, in violation of the clause, until recently when a child custody dispute was re-opened and the ex-husband decided to enforce the morality clause. A judge agreed with the ex-husband and ordered the ex-wife's partner to move out last month.
In his ruling, the judge stated that the morality clause was meant to benefit the children, and that it was not written to target homosexuals.
Others, however, have argued that morality clauses in the state are rarely enforced but they have burdened gay and lesbian parents.
It is unclear whether the lesbian couple will file an appeal, but this may become a very important case to watch.
Some parents here in New Jersey may have legitimate reasons to keep their children away from an ex's new partner, such as drug use or a criminal history, among other concerns. Those who are concerned with this issue should discuss their options with their family law attorneys.
Source: Slate.com, "Texas Judge Blocks Woman From Living With Lesbian Partner at Ex-Husband's Request," Josh Vorhees, May 22, 2013
]]>This is a question that was recently asked by a Rutherford, New Jersey, man whose wife fled to Japan, her home country, with their two children in 2008. This man recently testified at a subcommittee hearing of the U.S. House Committee on Foreign Affairs on the topic of children being taken abroad by an estranged spouses.
]]> Many New Jersey parents, like this man, want more to be done to prevent international parental child abduction.Back in 1983, the Hague Convention on the Civil Aspects of Child Abduction was signed by the U.S. and a number of other countries to address this very issue. Under this treaty, children must be returned to their countries of origin within six weeks, and courts there will rule on the case. Unfortunately, there have been problems enforcing the Hague Convention, and many countries have yet to sign the treaty.
In fact, the number of parental kidnappings has risen since the 1980s.
On Thursday, at the subcommittee hearing, the Sean and David Goldman Child Abduction and Return Act was reintroduced. If this bill were to become law it would allow the president to penalize countries that neglect to return American children to the U.S., as well as provide tools the government can use to try to secure the return of such children.
The namesakes of this bill are David Goldman, of Tinton Falls, and his son Sean. Sean was abducted by his mother and taken to Brazil for five years, before he was ultimately returned in 2009.
This bill has a long way to go before it may become law. Parents who are struggling with issues involving international child relocation or parental abduction may be wise to seek legal counsel.
Source: NJ.com, "Congressman Smith pushes child abduction legislation against international kidnappers," Christopher Robbins, May 10, 2013
]]>According to The Asbury Park Press, the man gave the woman the ring in May 2012 when they became engaged. By the next month, the engagement was called off, but the woman did not return the ring.
]]> The man later filed a lawsuit against his ex-fiancée not only to get the ring back, but also to demand compensation for his court costs as well as punitive and compensatory damages.The question of who is entitled to an engagement ring after an engagement is called off is fairly complicated. Here in New Jersey, and in most states, engagement rings are considered to be conditional gifts. A conditional gift is an item that a person gives to another with the expectation that a future event will happen. In the case of engagement rings, this generally means that rings should be returned if the engagement is broken. The ring, however, belongs to the receiver if a marriage does take place.
In some cases, the gift receiver may argue upon a broken engagement that agreeing to marry the person qualified as having met the condition required. This argument may be more likely if it is the giver of the engagement ring who called off the engagement. Courts in New Jersey, however, generally find that the condition to be met is marriage, so when an engagement is broken the ring should be returned to the giver regardless of the reason for the broken engagement.
In some cases, especially those in which the engagement ring is a family heirloom, couples may benefit from crafting a prenuptial agreement to determine who would keep the ring in the event of a split.
Engagement and wedding ring ownership is a fairly complicated legal issue, and those who have concerns may be wise to seek counsel from a family law attorney.
Source: Asbury Park Press, "Hillsborough woman sued by ex-fiance for alleged failure to return $10,000 engagement ring," April 26, 2013
]]>This week, an alimony reform bill was shot down in Florida by Governor Rick Scott. The bill would have outlawed permanent alimony and it would have created new alimony standards based on marriage lengths. The changes would be possible to apply retroactively to existing alimony arrangements, a provision that the governor disliked.
]]> Many legal professionals and others do think the retroactivity issue can be problematic in alimony reform. This is because it would affect many existing contractual agreements that people have already agreed to and gotten used to. Those who think they are stuck paying an unfair alimony payment every month for the rest of their lives, however, would likely want any reform to be applicable retroactively.Alimony exists, in part, so that lower-earning spouses and stay-at-home parents are not unfairly financially burdened in divorce. While stay-at-home parents may reenter the workforce post-divorce, this may often require training or education and as such judges here in New Jersey often consider any career sacrifices that were made during marriage in awarding alimony.
What this veto in Florida may mean for New Jersey's alimony reform movement is unknown. Under current laws, it remains important for those who are going through a divorce to discuss their spousal support needs and possible obligations with their family law attorneys in order to reach the best possible arrangement. Should an arrangement later become inappropriate, due to a change in income for example, it may be wise to pursue an alimony modification.
Source: CBS Miami, "Rick Scott Vetoes Overhaul of State Alimony Laws," May 1, 2013
Source: Wall Street Journal, "New Checks on Alimony Pay," Arian Campo-Flores
]]>Credit card debt is one liability that can be quite difficult to divide fairly. This is, in part, because it may be the case that a credit card is only in one spouse's name but both spouses have charged items to the account. On the contrary, a card might be in both spouses' names, but only one spouse uses the account. Further complicating matters are situations where one spouse was a co-signer, or one spouse uses a credit card for business purposes.
]]> In general, the credit card agreements that a person and his or her spouse signed will be the starting point for determining liability.Parties to a divorce, as well as their attorneys, should assess their debts and determine which debts are truly mutual and which debts are individual debts. Once a division is negotiated, it is wise to remove your name from any accounts you will no longer take responsibility for to ensure it does not affect your credit and that you will not be held liable for any default.
It is best to seek legal guidance regarding the division of credit card debt because this is such a complex issue and there are a number of different possible scenarios and solutions.
Source: Fox Business, "Will my Husband's Business Card Debt Hurt my Credit After Divorce?" Elaine Pofeldt, April 25, 2013
]]>The woman reportedly called 911 at around 1 a.m. Saturday and asked the dispatchers to send officers to her home because she wanted a divorce and she needed police to kick out her husband. Because no crime had been committed, the police told the woman they could not make her husband leave, and they also explained to her that divorce is a civil matter. In the end, the woman was charged for misusing the 911 system and for disorderly conduct. While this story is pretty peculiar, there are many people in New Jersey who want to end their marriages but simply do not know where to start.
]]> Those who are looking to initiate a divorce in New Jersey might want to begin by looking for a skilled family law attorney who can help them navigate the process of dissolving a marriage. Here are several other steps, which have been suggested by a Forbes columnist, that can help people begin the divorce process:These are just a few steps that can be useful when it comes to preparing for divorce. Divorce is a complicated process--on top of disputes over property, finances and child custody, it is a very emotional time and this can make it difficult for anyone to think clearly. It's enough to make a person want to call 911. And unless you are feeling threatened by abuse or another type of harm, it is better to start by seeking legal guidance.
Source: New Jersey Herald, "Pa. woman cited for calling 911 seeking divorce," April 15, 2013
Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?" Jeff Landers, March 26, 2013
]]>The parental rights of a biological parent can typically only be terminated if the parent is unfit. However, judges have a fair amount of discretion in child custody cases, and as such it is important for parents and grandparents to seek legal advice when entering into such a dispute. For example, in a recent child custody case that took place in another state, paternal grandparents were awarded custody of their young granddaughter by a court that ruled they were more fit to raise the girl than her natural mother, in part because the mother was not in the U.S. legally. An appeals court has now reversed that decision, stating that a person's immigration status does not affect his or her fitness as a parent.
]]> This case took place in Minnesota, where immigration rights advocates have called the appeals court's decision a significant development. The case seems to clarify that under the state's laws, child custody should only be taken away from biological parents to be awarded to non-parents if there are "grave and weighty" reasons, such as abuse or danger, according to the local newspaper. An undocumented immigration status does not meet such criteria.The child's natural parents in this case were only 17 and 15 at the time she was born in 2009. The teenagers did not marry, but they lived together with the young man's parents--one of whom is a U.S. citizen and the other, a legal resident.
In 2011, the mother moved out and the grandparents sought emergency sole legal custody of the child. Now that an appeals court has placed the child with her mother, it remains to be seen whether the grandparents will file another appeal.
Child custody decisions are guided by state law, so this case may have gone a bit differently here in New Jersey. However, like in Minnesota, under New Jersey law the parental rights of biological parents can typically only be terminated if the child's health or development is being endangered by the parent.
Source: Star Tribune, "Immigration status not a factor in custody battle, Minnesota court says," Abby Simons, April 8, 2013
The marital home is often a couple's most valuable asset as well as their biggest shared liability. Additionally, one or both parties may have an emotional attachment to the family home, and there are economic factors to consider.
]]> In general, divorcing couples have three options when it comes to the marital home: they can sell it and divide the equity; one spouse can keep the home and buy out the other; the couple can choose to sell the home, but put this off for a number of years due to the market or other factors.The two second options involve many intricacies that must be sorted out in a divorce decree--such as by what date one spouse must buy the other out, and whose name should remain on the title, and who is responsible for home maintenance. It is wise for both parties to work with their attorneys to ensure that their interests are protected when it comes to these provisions.
Even when a couple decides to take the seemingly clear cut route of selling the home and splitting the proceeds, the process can be thorny. Will any repairs be made to the house before selling it, and who will pay for those? What selling price is acceptable? Who will live in the house until it is sold? Who will be the point of contact with the real estate agent?
These questions and more can be difficult for divorcing couples to answer. A recent news article says that some real estate professionals have carved out a niche market to represent divorcing sellers. According to The New York Times, several New Jersey real estate agents have found success representing sellers who do not get along with each other.
Should divorcing New Jersey couples choose to sell their marital home, it may be wise to find an agent who is well-versed in such sales. It is necessary, however, to first iron out the details of a marital property settlement with one's divorce attorney to ensure that the sale of the home is the best option.
Source: New York Times, "After the Breakup, They Help Sell the House," Elizabeth A. Harris, April 1, 2013
]]>In a recent case in the Midwest that has garnered a lot of media attention, a man was charged with failing to pay child support after police saw photos of him posing with a pile of cash on Facebook. While this man has not responded to the charges yet, and it is not known whether the cash in the photos was his own, this case illustrates that states are serious about collecting child support.
]]> County authorities where this case is taking place told ABC News that Facebook has become an asset in child support cases. Even when Facebook profiles are blocked from public view, courts can order Facebook to provide access to a person's profile when prosecutors have probable cause.Facebook evidence--photos and wall postings--can provide investigators and attorneys a glimpse of a person's lifestyle, which can help paint a picture of whether a person can afford child support or has hidden assets. This might also be true in spousal support cases, and during the property division process in a divorce.
This case should remind New Jersey residents that there are penalties for failing to pay child support, and should one become unable to follow a child support order it is wise to seek legal guidance and ask the court for a modified order. Those who are having difficulty obtaining child support may also benefit from legal counsel. And, of course, those who are involved in any family law dispute would be wise to ensure that their social media profiles do not present information that may seem contrary to what one would present in a court of law.
Source: ABC News, "Facebook Money Pics Bust Dad for Allegedly Dodging Child Support," Alexa Valiente, March 22, 2013
]]>Many unmarried parents find that when they choose to breakup, they have few legal protections. Divorce law in New Jersey attempts to make possible the fair and equitable dissolution of marriage, and as such there are legal processes in place to determine child custody and support, property division and spousal support in the event of divorce. Because the same processes are not available to unmarried couples, in many cases a breakup can be more complicated and less fair than a divorce.
]]> About half of the children who are born to women under 30 in the U.S. do not have married parents, and because about 66 percent of unmarried cohabitating parents break up before their child is 10, more and more people may face these complicated breakups.Of course, divorce is no picnic either, but when people choose to divorce they have certain legal rights to assets, estates, health coverage, spousal support and child custody or visitation. Even child support--which of course is available to unmarried parents--tends to be easier to facilitate if the parents were married. This is because when a child is born, the mother's husband is considered the legal father, while a mother's boyfriend is not automatically assumed to be the father.
While unmarried couples with children certainly do have fewer legal protections than their married counterparts, they still may benefit from legal counsel in the event of a split. With legal counsel it may be possible to assert one's rights to certain assets, as well as develop a suitable child custody arrangement and support plan. As many people continue to be wary of marriage, it is important for unmarried couples to be aware of some of the unique legal challenges they may face and to be prepared to address them.
Source: New York Observer, "No Divorce Is the New Divorce: Moms and Dads Navigate Messy Breakups in Marriage-less World," Rose Surnow, March 19, 2013
]]>A New Jersey-based domestic violence help center has reported that it has experienced a sharp increase in cases since Sandy. In fact, in January the number of domestic violence reports increased by 50 percent, according to the help center.
]]> Superstorm Sandy has been credited as the impetus for the uptick in household violence in the state, as both domestic violence and sexual assault cases typically increase significantly in the six months following a natural disaster, according to a representative of the help center.Additionally, a state youth help hotline has also reported an increase in calls from suicidal teenagers since Sandy.
These trends might seem odd to some, since such tragedies often have a way of bringing people together in community. However, they can also tend to add pressure to existing stressful situations among families.
Those who are experiencing domestic abuse--whether it is physical, psychological or emotional--should be aware that legal protections are available. New Jersey law provides protection from domestic assault to spouses, domestic partners, those who are dating, children and parents. It is often possible to obtain a preliminary restraining order almost immediately, and this restraining order can later become permanent during a court hearing.
Source: newjersey.news12.com, "Advocates: Reports of domestic violence, teen angst on the rise since Sandy," Feb. 25, 2013
According to USA Today, from 1990 to 2010 the number of divorce filings for those over 50 years old doubled. In 2010, 25 percent of U.S. divorces involved people over 50. Divorcing at that age can lead to serious financial problems in some cases.
]]> When couples choose to divorce in their fifties or later, they likely have a pool of assets that was meant to fund their retirement together, and they have fewer working years ahead of them than those who divorce earlier in life. Funding two separate retirements with that one pool of assets is no easy task for many people.The USA Today report suggests that retirement for two single people can cost as much as 30 percent more than retirement for one couple.
In order to split up the retirement assets in the most appropriate way, it is best to create a plan with one's divorce attorney and possibly a financial planner. While the divorce attorney can help to negotiate a divorce settlement that will allow for retirement, a financial planner may suggest ways to rebuild savings and reduce spending to be better prepared for the retirement years.
Property and asset division are often the most contentious issues in divorce for those of any age. Baby boomers, and everyone else, should go into divorce proceedings with quality legal counsel to help ensure the division of assets does not unnecessarily hinder their financial health.
Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013
]]>Those concerns are all very valid, however it is important that anyone who is divorcing also considers their long-term financial needs--this includes current and future earning potential, retirement accounts and investments.
]]> Most married couples save for retirement together, and because retirement can seem so distant, many divorcing spouses fail to ensure they exit the marriage with their fair share of retirement assets.According to ING, divorced people have an average of $10,000 less in retirement accounts than married people even though the divorced people surveyed were about five years closer to retirement than the married respondents.
So, while many people feel an urge to fight for the family home and alimony in divorce settlement negotiations, it is important to think about pension plans and 401(k) accounts when divvying up assets.
If one does receive pension plan or 401(k) funds in a divorce settlement, it is also important to ensure that these accounts are in that person's name. Often, with 401(k)s, people are wise to put the money into an IRA.
This area of property division is very complicated, particularly for those spouses who did not manage such finances during the marriage. It is important to discuss current and long-term financial goals and plans with one's family law attorney, who will then look out for those interests during settlement negotiations.
Source: CNN Money, "Rebuild your nest egg after divorce or widowhood," Beth Braverman, Donna Rosato and Penelope Wang, Feb. 18, 2013
Both New Jersey state lawmakers and federal lawmakers have been working recently to strengthen protections for victims of domestic violence.
]]> Late last month, the New Jersey General Assembly approved a bill that would allow domestic violence victims to testify through a closed circuit television, rather than in court in front of the defendant. This bill has not yet been taken up by the Senate.The New Jersey General Assembly also approved a bill that would allow victims of violence that is gender-motivated to sue their assailants regardless of whether criminal charges have been filed. The bill was reportedly inspired by the federal Violence Against Women Act of 1994, which the U.S. Senate expanded this week.
The federal law will now give protections to gay victims of domestic violence as well as give additional power to American Indian tribal courts. The latter piece was quite controversial.
Previously, when American Indian women or men were attacked by non-Indians on tribal land, they had extremely limited protections. This is because neither the tribal government nor the state or federal government had jurisdiction over such cases.
Now, tribal courts will be able to prosecute these cases.
It is very important that the state and the country continue to focus on preventing domestic violence and protecting victims. There are more than 70,000 reports of domestic violence each year in New Jersey, and nationwide three women are killed by their boyfriends or husbands every day. Those who are victims of domestic violence in New Jersey may be wise to seek immediate legal counsel.
Source: The New York Times, "Measure to Protect Women Stuck on Tribal Land Issue," Jonathan Weisman, Feb. 10, 2013
Source: NorthJersey.com, "N.J. Assembly passes bills aimed at domestic violence victims," Michael Linhorst, Jan. 28, 2013