Divorce Attorney Lawyer New Jersey NJ, Pamela M. Cerruti, Esq.

The ruling in Lewis v. Harris opens a new legal chapter in New Jersey. The new civil union law gives licensed same-sex couples all the state benefits and protections of spouses. Although this was a huge step, the civil union law did not go over so well with gay-rights advocates who want nothing less than unequivocal legalization of same-sex marriage which would encompass federally created rights i.e. social security survivor benefits. Here is a list of the top ten rights it does give same-sex couples who live and marry in New Jersey:

1. Ability to change your name to your partners name without petitioning the court and pay for a name change.

2. Ownership of property as tenants in the entirety, which allows for automatic transfer of ownership on death and protection against eviction and loss of ownership.

5. An exemption from the state realty transfer fee for transfer of real estate between spouses.

6. The testimonial privilege given to the spouse of an accused in a state criminal action.

7. Tuition assistance for higher education for spouses and children of volunteer firefighters and first-aid responders.

8. Ability to have a statutory basis for seeking support and equitable distribution of property acquired during the relationship.

9. Children born during a same-sex union will require that the partner is presumed to be the parent of the child thus avoiding the cost of an adoption proceeding.

10. Greater scope of custody and visitation rights.
Remember, civil union rights do not apply to Federal law so, support payments are not deductible as alimony; you cannot file a joint federal income tax return; equitable distribution of assets could result in a taxable event which is not the case for heterosexual couples.

New Jersey now allows for divorce by irreconcilable differences

For over 30 years New Jersey had only one no-fault ground for filing for divorce. You had to live in separate residences, wait 18 months and have no possibility of reconciliation. If you did not have the ability to relocate or did not want to wait 18 months, you had to file under fault grounds which resulted in a spouse writing scurrilous assertions just to get around the 18 months waiting period.

Now, you can file after six months asserting only that you have irreconcilable differences and that for the last six months you believed your marriage had failed and there is no prospect of reconciliation.

This does not save in filing costs, but it saves a person from being emotionally mortified by a public court document that is written with the intention of hurting them.

2007 ISSUES THAT AFFECT CHILD SUPPORT

At the time of divorce, the father was attending law school. He incurred over $290,000 of debt in order to pay for school and support his family. Upon graduation, the father got a position with a large New York law firm and a salary of $135,000 per year. The mother petitioned the court for an increase in child support. It was granted. On appeal, the court found that it was only fair to take into consideration the pay back of the significant loans the father had and that the loan payments are to be factored into the child support calculation thus resulting in reduced child support. (2) The court found that employer contributions to a party’s 401K plan and the income generated from those contributions are not “includable” (sic) in determining a parent’s income for child support purposes.

PARENTING COORDINATORS:
WHAT CLIENTS NEED TO KNOW

The Courts of New Jersey provide parenting coordination when you file for divorce and have children that are not emancipated.

Since this program has been implemented, it has resulted in financial and emotional savings for families. The program helps couples develop a tentative parenting plan until a plan can be developed for use after the divorce is finalized.

The decisions of pick-up and drop-off; transportation of children to school or activities; vacations schedules; telephone times with children; may seems simple to decide. They actually are difficult when couples are resentful, hurt or do not trust the other person for whatever reason. These simple issues result in clients calling the office on a daily basis wanting the attorney to “drop everything” because the parent is 15 minutes late in dropping off the children and should be punished immediately.

By having a parenting coordinator to assist them, they save money by not having to call the attorney and be charged in 10 minute increments; they feel they have a neutral person who is not their spouses’ attorney who is “out to get them” and last but not least...it is free!

CASES IN THE NEWS

You just can’t make this stuff up!

A father, his ex-wife and his 30 year old son were having dinner when the ex-wife told them that the son was not the fathers but the result of an extra-marital affair. The man who raised his supposed son sued his ex-wife and the biological father for all the support he had provided his son before and after the divorce. The Court dismissed the claim against the ex-wife but allowed the suit against the biological father and allowed a recovery of $109,696. The case is now before the NJ Supreme Court to determine whether the suit was time barred. I wonder how the son must have felt when the man he called “daddy” was suing to recover the cost of taking care of him?

E-mail...beware!

Don’t advise a client that they should sift through their spouses’ e-mails looking for dirt. A court could conclude that your client illegally accessed the electronic communications. It could subject your client to a third-degree offense or worse, compensatory and punitive damages.

The Family Lawyer is published quarterly by Pamela M. Cerruti, Esq., for mental health and social service professionals. This publication is intended to provide information to its readers. It is not intended to offer legal or professional advice. For more information, please contact:

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