Our office will be closing at 1pm today in advance of the Christmas holiday. I would like to wish all our clients, colleagues, and friends a happy holiday season. It has been a pleasure and a privilege to work with you all during 2016.
Our office will reopen on Monday, December 26, 2016.
When there are unemancipated children involved in a divorce, parents in New Jersey are required to attend the Parent’s Education Program. This program is adminstered by the Court and you and your spouse will be scheduled for different days.
When my client’s receive the scheduling notice for this program, the majority of them instantly call me and ask me why they need to attend as they already know how to be parents.
The purpose of the program is not to teach you how to be a parent – although such a class would benefit a great number of people – it is intended to offer insight and guidance on how to navigate the divorce process while keeping the welfare and interests of your children in mind.
When addressing the financial aspects of a divorce, one of the biggest issues is properly dealing with the marital debt. Client’s are often disappointed when they realize how debt is treated under NJ divorce law.
What’s mine is mine, what’s their’s is mine, too?
Not so fast. How the debt is titled or who incurred the debt is not determinative of who will be responsible for repayment. Generally speaking, any debt or liability incurred from the date of the marriage to the date the divorce complaint is filed will be the responsibility of both parties. It does matter whose name was on the card or whether it was in one party’s sole name as long as the charges for for expenses that typically benefit the family.
Allocation is the key
Determine what share of the marital debt each party is responsible for and structuring the payments is a critical aspect of the negotiation process. Timely repayment of debt is significant factor one’s credit rating. A good or bad credit rating can have significant long term consequences. For this reason, I try to avoid having the adverse party responsible for debt in my client’s name.
So how is the debt paid? When incomes are sufficient, the debt can be paid from this cash stream. Sometimes paying the debt requires the liquidation of assets including the sale of the home.
What if they don’t pay their share?
After the debt has been totalled up and allocated, the final piece of the puzzle is making sure that your settlement agreement contains indemnification language that can protect you in the event your former spouse defaults on the debt and a creditor comes after you for payment.
Final thoughts
Making sure that the marital debt is treated properly when resolving your divorce is crucial. Work closely with your attorney to realize an outcome that is financially feasible, apportions the debt equitably and protects you in the event your former spouse fails to make their payments.
When a divorce involves children, one of the most important considerations is how they children will be raised post-divorce. Hopefully, the parents recognize that while they may no longer be spouses they remain connected as parents. Ideally, they can put aside their differences and work togther to promote the best interests of the child. Sometimes this is possible, other times it is not.
What is Joint Legal Custody
When divorced parents share joint legal custody, they both remain empowered to be involved in the major decisions affecting the child such as education, religious training and non-emergencey medical care. Acting a joint legal custodians requires open communication, cooperation, and an ability to remain focused on the child. Understandably, some of these qualities may be lacking and may have contributed to the divorce. In the case of Hoefers v. Jones, 288 N.J. Super 590 (Ch. Div., 1994) the Court reminded parents that in order to wor properly, joint legal custody requires a common-sense approach to making decisions or the child so as to avoid deadlock and require “judicial tie-breaking and micro-family management.” This requirement is highlighted in the NJ custody statute (N.J.S.A. 9:2-4) which has as it’s first factor “the parent’s ability to agree, communicate and cooperate in matters relating to the child.”
When conflicts arise
Two parents can disagree on what is best for their child. Such a disagreement can be based on legitimate differences in cultural or religious approaches to various situations. There can be conflciting options available to address a situation without either option being wrong or right. What is important is that any such disagreements not stem from lingering animosity towards the other parent.
There are times when a “tie breaker” is needed so that the issue at hand can move forward. These situations are best dealt with directly. Working together, the parents can realize a quicker and less expensive resolution and one in which they have retained some measure of control. Some cases require judicial intervention. In a future post I’ll discuss an recent case in which the court had to resolve a dispute over medical care for a child.
While more and more women are opting to keep their own surname when they get married, many still choose to adopt their husband’s last name. However, when the marriage ends, keeping his name may be an unpleasant reminder of the past. So the question becomes whether or not under New Jersey law a woman has a right to drop the last name of her former spouse.
Is there the right to change last names?
The answer is “Yes”. As part of the divorce one can ask to drop their married name. This is acccomplished by drafting language into the settlement agreement that confirms this right, identified the name to be dropped and the new surname and provides the security number of the individual. For security reasons and in compliance with the court rules, my practice is to redact all but the last four digits of the social security number. By putting this right in the settlement agreement the client then has an enforceable court order to give to the DMV or any other agencies which may need to implement the name change. Do not give an agency the original copy of your Final Judgment. Copies are generally acceptable. Keep in mind that while a wife can request to change her name the husband cannot require her to do so.
At the final hearing the judge will make some inquiries as to the reasons for requesting the name change. The court must be satisifed that the reqeust is not being made to avoid criminal charges, evade creditors, or for any other fraudulent purpose.
An interesting twist
After practicing for several years I had participated in or observed dozens of name change requests. They tend to be non-eventful occurrences. However, on one particular day I was seated in the back of the courtroom as the case ahead of us was wrapping up. The name change is often the last part of the proceeding. When the attorney started questioning her client I shifted my focus to my own case. I was snapped out of that focus when the client asked to assume an entirely new last name. She did not want to assume her birth name. After a few moments of confusion the court confirmed that she could adopt any last name she wanted!
We fight so you don’t have to
