There is no “formula” or “guidelines” for determining alimony. There are 4 different types of alimony including permanent, limited duration, rehabilitative, and reimbursement alimony. There are 12 factors the Court must consider in determining what type of alimony applies in a particular case, including the length of the marriage, the disparity of income between the parties, child-rearing responsibilities during the marriage, ability to pay, the earning capacity of each party, age, education, health, assets received in the settlement, and standard of living enjoyed during the marriage. Alimony is taxable to the recipient and deductible by the paying spouse.
How Is Alimony Determined In New Jersey?
Must Divorces Go To Trial Or Be Determined By A Judge?
No. Almost all divorces settle prior to their trial. It is estimated by the Courts that roughly 98% of all divorces settle before trial. The New Jersey Supreme Court has promulgated rules that now require divorce attorneys to advise their clients of complimentary dispute resolution, including private divorce mediation and arbitration. The Court has also established procedures to bring the parties and their attorneys together to aid in the settlement process. These procedures include the Early Settlement Panel, Economic Mediation, and Intensive Settlement Conference, as well as Parenting Time Mediation. Trials are very costly, financially and emotionally, and therefore the Court encourages settlement.
Michelle Olenick Appointed to Friendship Center, Inc., Board of Trustees
Attorney Michelle Olenick of Faith A. Ullmann & Associates, LLC, was recently elected to a three-year term as a Trustee for the Board of Trustees of the Friendship Center, Inc. The Friendship Center at Schooley’s Mountain is an intergenerational child care center that partners retired Heath Village residents with young children. The Friendship Center is a unique program that was conceived in 1990 and opened its doors in 1992.
Congratulations to Michelle!
Meet Our Attorneys at the Sussex County Chamber of Commerce Expo
The19th Annual Sussex County Chamber of Commerce Expo will be held on Wednesday, October 26, 2011 at the Crystal Springs Resort in Hamburg, New Jersey. Attorney Michelle Olenick will be on hand to discuss the legal services they offer at Faith A. Ullmann & Associates, LLC, and to provide visitors with goodies and handouts. Expo visitors enjoy free admission, free parking, and free hors d’oeuvres, as well as a cash bar. Stop by and meet Michelle!Can I File For A “No Fault” Divorce?
Yes. “Irreconcilable differences” is grounds for divorce in New Jersey. To meet the requirements, a spouse need only allege that they have experienced irreconcilable differences, which have caused the breakdown of the marriage, for a period of at least 6 months, and there is no reasonable prospect of reconciliation.
Does New Jersey Recognize Legal Separations?
No. New Jersey does not recognize parties as being “legally separated.” Until a Complaint for Divorce is filed, you will be considered married. However, the Court will recognize negotiated and agreed-upon Separation Agreements. In the event one of you were to apply for a divorce later on, the Agreement will likely be enforced by the court, resulting in substantially less legal fees and time for the divorce action to be finalized.
How Much Do Divorce Actions Cost?
Simply put, the cost of a divorce is dictated by the parties. When parties choose litigation as a means to divorce, each party must hire an attorney and each must pay a retainer, as well as the attorney’s hourly rate once the retainer is exhausted. When parties are able to work together, come together in the negotiation process, and reach compromises, then the cost of divorce can be minimized. The facts of each case will determine the cost of your divorce.
How Long Does It Take To Get Divorced?
The goal is for a couple to be divorced as quickly as possible. The fact remains that the parties themselves, who they choose as an attorney, and their conduct throughout the divorce process dictates how long it takes to get divorced. The more reasonable and open the parties are to negotiation, disclosure of assets and debts, and compromise, the faster they will get divorced. When a couple is unable to settle their issues, then a judge must make the final decision at trial.
What is Faith A. Ullmann & Associates, LLC?
We are a full service family law and mediation firm. Our attorneys offer sound legal counsel, strategy, and experience to effectively handle a wide range of family law disputes on behalf of our clients. Whether you are facing divorce, a child custody dispute, or need an advocate to enforce a court order, we know how to take action and follow through to protect your immediate and long-term interests. Our attorneys offer legal services throughout northwest New Jersey. Contact us for more information and to schedule your free consultation.
Faith A. Ullmann & Associates is comprised of partner Faith A. Ullmann, Esq., and associate Michelle L. Olenick, Esq. Faith, and Michelle offer years of legal experience in matrimonial and family law matters.
Adoption Doesn’t Automatically Prohibit Grandparent Visits
The New Jersey Appellate Division recently held that the adoption of a child does not automatically bar the child’s biological grandparents from visiting with the child.
In J.M.S. v. J.W., A-0938-10, the adoptive parents had initially allowed the paternal grandparents to visit with the adopted children, but later terminated visitation. The trial court dismissed the paternal grandparents’ application for visitation with the two adopted children, claiming that New Jersey’s Adoption Act logically terminated the biological grandparents’ rights as well. N.J.S.A. 9:3-37. The trial court also relied on the case of In re Adoption of a Child by W.P., 163 N.J. 158 (2000), where the New Jersey Supreme Court found a conflict between the Adoption Act and the grandparent visitation statute (N.J.S.A. 9:2-7.1) as public policy on adoption terminates the biological parent’s rights, thereby precluding application of the grandparent visitation statute when the child is adopted by nonrelatives.
The Appellate Division, however, found that the trial court erred in its application of W.P. to the case at bar, and found that the difference in the two cases revolved around whether the children had been adopted by relatives or nonrelatives. In this case, the children had been adopted by a cousin of their biological mother. The Appellate Division noted that the biological grandparents had regular visitation with the adopted children for years, until recently when the adoptive parents terminated visits due to the grandparents’ criticisms of the adoptive parents child-rearing methods. The Court also noted that the children’s biological father obtained a post-adoption order allowing him periodic visits with the children for several years. Therefore, several biological family members had visitation with the children for years and, in fact, the adoptive parents were also biologically related to the children. The Appellate Division also looked to the state’s Adoption Act and found that no provision of the Adoption Act expressly prohibits this type of contact. In sum, the facts were very different from a W.P.-type adoption where the child was adopted by a nonrelative and had no contact with biological relatives. The Appellate Division remanded the case back to the trial court.
