Divorce Category Archives — Page 2 of 2 — New Jersey Divorce Lawyers Blog Published by Monmouth County NJ Family Lawyers

July 29, 2015

Helpful Advice on Keeping Costs Down During a New Jersey Divorce

How can I keep my divorce from bankrupting me?

The choice to end a marriage typically has both an emotional and a financial impact on a former couple. Despite this, getting divorced doesn’t have to leave you both in the poor house. There are a number of ways a divorcing couple can refrain from making the process more expensive than it needs to be.

First, it is important to choose the right divorce attorney as soon as you are able. You want a New Jersey lawyer who is experienced in family law and has the ability to answer all of your questions. Now is not necessarily the time to rely on the recommendation of a friend or relative. If you are concerned about keeping costs down, remember that selecting an experienced attorney is vital.

June 7, 2015

Obtaining an Annulment in New Jersey

by Mark Goldstein, Esq.

I have been married for less than one year and we have no children. Can I get an annulment?

Unlike a divorce that terminates a marriage, an annulment is a legal determination that a marriage or civil union never existed. Individuals often seek a civil judgment of nullity due to religious or personal preference. Although a New Jersey couple may pursue a no-fault divorce based on irreconcilable differences, obtaining a judgment of nullity in this State is not as easy.

In New Jersey, an annulment must be based on the statutory factors included in N.J.S.A. Section 2A:34-1 (2014). Typical grounds for a New Jersey annulment include incurable impotency, incest, bigamy, fraud, duress, mental incapacity such as intoxication or insanity, or one or both members of the couple being younger than 18 at the time of the marriage. Despite this, certain circumstances such as a partner’s prior knowledge about the impotence, parental consent, or continuing to live as a married couple after a fraud was discovered may serve to ratify the marriage in some situations and frustrate or defeat the ability to secure an annulment.

June 4, 2015

Implications of New Jersey Alimony Reform for a Retiring Payer

by Mark Goldstein, Esq.

I am about to retire. Can I stop making alimony payments to my former spouse based on New Jersey’s 2014 alimony reform law?

Since the Alimony Reform Act of 2014 was signed into law last September, New Jersey residents whose marriage lasted fewer than 20 years generally may not be required to pay alimony for more years than the couple was married, absent certain special circumstances. This durational cap only applies to couples who received a final judgment of divorce after the reform law was signed by the governor. For couples who ended their marriage prior to this, there must be a legitimate reason, such as retirement, cohabitation, or loss of a job, before a New Jersey court will modify an alimony award. In addition, a court may not alter an alimony order if the couple’s divorce judgment addressed such issues in advance.