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marriage-waiting-periodCouples looking to marry in the State of New Jersey must apply for a marriage license and sit out the 72-hour mandatory waiting period before the license is issued. For most couples, that three-day waiting period is a minor interruption in their quest to begin their new life together as a family. However, there are certain emergency situations, such as illness or military assignment, where the delay can be a major hindrance. Under circumstances such as these, the waiting period can be waived by a Superior Court Judge.

The process for applying for a waiver is feasible under most conditions, but if one of the partners is suffering a terminal illness, the time it takes the other partner to seek the waiver can be significant. That may soon change as a result of a new bill, approved earlier this month by a State Assembly panel, that would make it easier for a couple dealing with a terminal illness to obtain a waiver. Read Matt Friedman’s story, “Don’t make terminally ill patients wait to get married, N.J. Assembly panel says” for details.

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Statistics show seat belts help save lives in accidents and that message seems to have made an impact. Reports state a majority of people – 87% nationally and 87.6% in New Jersey – use seat belts for their protection. But how do you protect young children?

new-car-seat-lawSeat belts offer insufficient protection for infants and toddlers so the law requires the use of car seats and/or booster seats. Unfortunately, about two-thirds of parents use car seats incorrectly, according to the American Academy of Pediatrics (AAP). The AAP offers guidelines for switching children from rear-facing car seats to front-facing seats and from car seats to booster seats but only about 23% of parents nationally follow these guidelines. State laws and car seat manufacturers offer their own guidelines which, in some cases, conflict with those offered by the AAP. This conflict can result in confusion, causing the incorrect use.

Last month, New Jersey lawmakers took steps to alleviate this confusion by adopting a new car seat law that includes age and height requirements more closely in line with AAP guidelines. To learn how to properly use car seats and booster seats under New Jersey’s new law, read “The Big Changes to the NJ Car Seat Law: What You Need to Know.”

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A recent article on msn.comsplit-custody disclosed that Jon Gosselin of the former TLC television series, Jon and Kate Plus 8, was seeking emergency custody of one of his eight children. Currently, Mr. Gosselin’s ex-wife, Kate, has custody of all eight children. If his petition is granted, it would put the Gosselin children in an arrangement known as split custody.

Split custody is uncommon, but not unheard of. It is an arrangement under which different siblings live with different parents. Generally, courts view this type of arrangement as being especially hard on children because not only are they separated from a parent, but they are separated from their brothers and sisters as well. The article, “Splitting Up the Kids,” by retired family law attorney Brette Sember, looks at the negative impacts of split custody, as well as situations where this type of arrangement could be warranted. The article also offers suggestions on how to make the best of a split custody arrangement should the court deem it necessary.

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joint-custodyDivorce ranks among the top five most stressful life events. Not only are the adults involved affected by this stress, but their children can suffer as much if not more. Despite this, there are times when divorce is inevitable. Keeping emotions in check, though difficult, can help reduce stress levels. How you react to the process and the choices you make along the way, particularly regarding child custody matters, have a great impact on how your children fare through this experience.

A study published last week in the Journal of Epidemiology & Community explored various living arrangements and the affect they have on children. In an article titled “Study: Joint Custody After Divorce Least Stressful on Children,” which appears on www.wsaz.com, author Brad Myers reports the study found that living arrangements where children can spend equal quality time with each parent were least stressful on the child.

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facebook-divorceThere is little question that for many people social media has become a popular way of communicating milestones and accomplishments with close friends and family as well as with distant relatives and others they have lost touch with over the years. People don’t hesitate to post happy events like new jobs, births, weddings and engagements, but less joyous events like divorce are another story. Usually such news is announced with a subtle change in status, but that may soon shift considering a recent ruling by a New York judge allowing Facebook to be used to notify an absentee spouse about a pending divorce. (For details, read “Judge rules that you can now divorce your spouse on Facebook.”)

Under ordinary circumstances, a person seeking a divorce files a petition with the court to terminate his or her marriage. The court then serves the other spouse with notification of the intentions, giving that person the opportunity to contest the divorce. There are instances, however, when the whereabouts of an estranged spouse are unknown and the person filing for divorce must make a diligent effort to locate him or her before the divorce proceeds. An earlier blog published on this site, “Divorcing an Absent Spouse Requires Detective Work,” outlined the basic steps to take when divorcing an absent spouse. In light of the court ruling mentioned above, posting to Facebook can now be added to that list.

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domestic-violence-penaltiesDomestic violence is a prevalent problem that can affect anyone regardless of age, race, religion, socioeconomic status and even gender. Last year saw an increase in the number of calls made to domestic violence hotlines within the State. Despite current laws designed to curb this behavior, some abusers get away without any serious consequences. Certain New Jersey lawmakers want to change that.

Three New Jersey lawmakers including Assemblyman Erik Peterson (R-Clinton) believe it is time to revise State laws concerning domestic violence and have introduced legislation to that effect. Read Kevin McArlde’s article, “Domestic violence penalties would increase under NJ measure” to learn more.

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annulmentA recent story on msn.com disclosed that actress Pamela Anderson was contesting an application for annulment by her estranged spouse, Rick Salomon, and instead was seeking to proceed with the divorce she filed for last month. While it seems both are in agreement that they want their marriage to end, this story raises the question: What is the difference between divorce and annulment?

Many people equate annulment with a religious process which ends a marriage in the eyes of their church. Although this is true, there is also such a thing as a legal annulment that has little to do with religion. Both processes effectively end a marriage; however, simply stated, divorce terminates the relationship while annulment reverses it. In other words, to annul a marriage is to declare that it never existed.

There are very specific circumstances under which an annulment would be granted, some of which are state-specific. The article, “What are the Grounds for an Annulment of Marriage in New Jersey” sets out the grounds for annulment in this State.

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pre-nupsA pre-nuptial agreement may not conjure up the most romantic thoughts, but in today’s world of career-oriented couples who wait later in life to marry, it can be a very reasonable and even responsible step to take before the wedding. Pre-nuptial agreements, if properly drawn up and executed, can provide protection for the assets of both parties. Like with any legal agreement, however, it isn’t a good idea to blindly sign on the dotted line; make sure you understand what is being asked and offered in the agreement. For an idea of what to do if your significant other asks you to sign a prenuptial agreement, read Jillian Kramer’s article,  “He Asked You to Sign a Pre-Nup … Now What?” appearing in the online edition of Brides magazine.

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post-divorce-financesOne of the biggest obstacles couples face after divorce is adjusting to their new financial status. The joint income that previously sustained one household now has to cover two. Making sure your finances are in order is a big step toward getting on with your life post divorce, but it requires a careful assessment of all your assets as well as your future financial needs.To make sure you aren’t overlooking any important aspect of your financial health, read the familyaffaires.com article “Adjusting to Life Financially after Divorce” by Catherine Allen.(1)

  1. http://www.familyaffaires.com/adjusting-life-financially-divorce/

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custodyOne of the most difficult and emotionally charged decisions facing couples contemplating divorce involves the custody of the children. Most agree that, whenever possible, equal involvement in the child’s life on the part of both parents is the best solution. New Jersey family courts share this opinion but will put the best interest of the child first when deciding custody issues.(1)

There are two separate forms of custody: legal and physical. Legal custody determines who has the responsibility for making important decisions for the child, particularly concerning medical and educational needs, while physical custody relates to the parent with whom the child lives.(2)

Couples who are able to maintain open communication and work together cooperatively on matters concerning their children can craft a child custody plan either on their own or through mediation based on what works best for parents and children alike. That plan can then be submitted to the court to be filed as a custody order.

Parents can share both legal and physical custody of their children. Sharing legal custody means both parents work together in making major decisions for their children usually on matters relating to finances, medical treatment, school, religious upbringing and where the children live. It helps when parents share similar opinions and values regarding these issues. If there are strong differences of opinion, the court may decide that it would be in the best interest of the child if legal custody was granted to only one parent.

Sharing physical custody means that the child spends equal time living with each parent, whether that time is divided by months or days of the week. This arrangement requires that the parents live in close proximity so as not to cause too much disruption in the child’s school and social life. The goal is to find the arrangement that works best for everyone involved.(3) Continue reading ›

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