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Divorce Law

Domestic Violence Issues in New Jersey: What Does “Domestic” Mean?
  • By: Eric Hannum, Esq.
  • Published: May 19, 2015

If you or a family member is suffering in an abusive relationship with someone close to you, it’s important to understand the meaning of the word “domestic” in the common legal phrase, “domestic violence.” In the state of New Jersey, The Prevention of Domestic Violence Act protects people who are 18 years of age or older, or those who have become emancipated under the age of 18 as a result of marriage, military service, pregnancy, parenting, or emancipated by court order for some other reason. In other words, domestic violence does not cover children who are abused. They are covered under separate laws. The Prevention of Domestic Violence Act is designed to protect adults. And the word “domestic,” for the purposes of this law, refers to someone who is or has been close to you, such as a current spouse…Read More

2014 Changes To New Jersey Alimony Laws
  • By: Eric Hannum, Esq.
  • Published: May 18, 2015

As of early September 2014 the New Jersey Alimony Laws have changed significantly. While many people are happy to see the old laws being updated, others don’t think the alimony reform goes far enough. So what’s it all about? What has changed? First of all, nothing changes for court-ordered alimony payments put in place in the past. The terms of existing alimony orders are grandfathered-in and unaffected by the recent law changes. The law applies only to future divorces establishing alimony payments. But there are several very significant changes to keep in mind if you are contemplating a divorce in New Jersey that will provide for alimony payments: There is now a “rebuttable presumption” that alimony payments can come to an end when the person who is making the payments reaches “full retirement age,” presently 67 years old; A judge…Read More

Medical Marijuana And Child Custody
  • By: Eric Hannum, Esq.
  • Published: May 13, 2015

Adults and children with debilitating illness and disease may be eligible to obtain and consume marijuana legally now under The New Jersey Compassionate Use Medical Marijuana Act. The law is very clear as to the particular medical conditions for which a patient can be approved for the Medical Marijuana Program. It is not designed to authorize anyone to use marijuana, a controlled substance, in any quantity at any time. It is designed specifically to help people cope with debilitating pain. Parents with custody of minor children may become eligible to use medical marijuana. And children under the age of 18 may also become eligible. So the issues surrounding marijuana use in general have become a significant issue in child custody matters. Users are constrained by law from operating any motor vehicle while under the influence of marijuana. This important fact impacts…Read More

What Happens When Child Support Payments Get Behind?
  • By: Eric Hannum, Esq.
  • Published: May 12, 2015

In other words, a casual agreement with your spouse is not appropriate because it’s not legal. Petitioning the court for modification of child support orders is the only way to change the legal child support obligations originally established by the court at the time of your divorce, or whenever child support and custody was set. The New Jersey Family Support Payment Center provides the following explanation regarding the collection of child support monies each month, “Federal law requires child support payments to be automatically deducted from the paycheck of the payor (parent providing financial child support). Income withholding makes it easier for both the payee (parent receiving child support payments) to collect timely, regular payments and the payor to be assured of regular payments to avoid any enforcement activity. The employer deducts the child support amount and sends it to…Read More

Valuation Of A Business In Divorce Calculations
  • By: Eric Hannum, Esq.
  • Published: May 11, 2015

If you are a business owner in New Jersey, coming up with a valuation of your business may become an important component in your divorce documents. You’ll be filling out a Family Case Information Statement, which requires you to reveal your income and the source of your income. It also requires a balance sheet of assets and liabilities. Revealing your financial details for use of the court and also for your spouse’s attorney is a very serious matter. Intentionally or accidentally omitting information can subject you to legal consequences, so you are best advised to prepare all portions of the information statement with the advice of your family lawyer. How you state the value of your business depends on the specific type of legal entity and the percentage of ownership involved. While your accountant will be able to provide the…Read More

Settlement Agreements in New Jersey
  • By: Eric Hannum, Esq.
  • Published: May 8, 2015

A settlement agreement is the signed, written document produced at the end of a lawsuit, or when settling a dispute before or during a lawsuit, but without moving through the whole process to reach a final judgment in court. Both parties to the dispute, if there are only two, or all parties to the dispute, when there are several, must sign the settlement agreement in order to make it legally binding. Generally, lawyers draft settlement agreements on behalf of their clients, and they make changes in the agreements as negotiations proceed toward a mutually-agreeable conclusion. Sometimes both (or several) lawyers are involved in drafting the changes in settlement agreements. In reality, most civil lawsuits result in settlement agreements. In general, this is true of family law matters and business matters. “Public policy favors the settlement of disputes.” Willingboro Mall, Ltd.…Read More

When A Man Is The Victim of Physical Abuse
  • By: Eric Hannum, Esq.
  • Published: May 7, 2015

Most people think about a woman when they picture a victim of physical abuse. But statistics show that many men and boys also become victims of physical abuse at some point in their lives. Setting aside the huge and critical topic of child abuse in general, males can be an over-looked victim of physical abuse in the context of their marriage. Even though a husband may have more physical strength and the ability to defend himself in an altercation with his wife, he may choose to avoid hitting back because he has a deep belief that it’s not right for a man to hit a woman. Female celebrities sometimes reveal their stories of inflicting abuse on spouse or life partner, or tell-all reporters break the news instead. That’s just publicity, and it rarely affects their productive lives or impacts their…Read More

Making Good Decisions Following Your Divorce
  • By: Eric Hannum, Esq.
  • Published: May 4, 2015

The stress and inevitable losses of time and money, as well as other valuable resources involved in any divorce make it difficult to think clearly sometimes. Making good decisions when you’re involved in a divorce and for some time thereafter can be a challenge. Most mental health professionals and family lawyers handling divorce cases will agree that it’s wise to line up some trusted advisors who will stick with you throughout the process and thereafter. Leaning on your friends and family may seem like the best option, because those are the people who really care about you and who don’t expect to be paid. But friends and family may be experiencing their own strong emotions and even a certain level of burnout after the experience of helping you through a divorce. Even if they appear to be rock-solid and welcome…Read More

Will The Judge Speak To My Children In My Custody Case?
  • By: Eric Hannum, Esq.
  • Published: May 1, 2015

Without knowing the facts of your case, it’s impossible to say whether or not a judge will definitely speak to your children in the course of your divorce and custody hearings. In New Jersey, judges have discretion to interview children involved in a custody matter. A judge is required to use his or her best judgment as to whether or not an interview is necessary, based on many factors, including the unique circumstances of the child custody case, the child’s age, and the likelihood of obtaining testimony of any value to the case. In an attempt to elicit a child’s cooperation and engender a sense of safety, some judges tell children upfront that anything said in the interview will remain confidential. A child is usually told that neither of the parents will ever know what is said, which is not…Read More

Child Custody: What does it mean?
  • By: Eric Hannum, Esq.
  • Published: January 25, 2015

Child custody is often one of the most complicated issues in the divorce process. The divorce process is quite lengthy and daunting for the parents, but it can also have a detrimental impact on the children. If the parents cannot reach a mutual agreement amongst themselves in relation to child custody, the issue is then handled by the Family Division of the Superior Court of New Jersey in whatever county they reside in. Child custody is composed of Legal Custody and Physical/Residential Custody. Legal custody is when the parent/s has the responsibility of making decisions concerning the child’s health, education and welfare. Typically, parents share what is known as Joint Legal Custody. Physical/Residential Custody deals with where the child resides. There is a lengthy list of factors under N.J.S.A. 9:2-4c that the Courts must abide by and consider when handling…Read More

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