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Prenuptial Agreement

What is a Prenuptial Agreement?

A prenuptial agreement is a written document outlining the terms between two betrothed parties. Essentially, the prenuptial agreement establishes parameters regarding assets should the marriage end in divorce. The attorneys at Eveland & Foster prepare both prenuptial and postnuptial agreements for clients seeking to marry or already married, whether it is their first or fourth marriage. Preparing a prenup now prevents unnecessary heartache and turbulence later.

Preparing for the Worst, Hoping for the Best

No one gets married expecting to get divorced, but statistics unfortunately indicate that more than half of all marriages end in divorce. Without a prenuptial agreement, the parties may delve into a contested dispute about all major assets, including financial accounts, pensions, personal property, furniture, vehicles and the home. Even gifts, which are considered separate from marital property under the law, may come into play during divorce proceedings. If one partner is wealthy, owns a business, or has children from a previous marriage, they may want to shield assets or items they wish to bequeath to relatives in the event of marriage dissolution. A prenuptial agreement is a logical solution to settling property division prior to marriage.

Sadly, prenuptial agreements are mired with negative stigma. Some people feel it is an insult to even broach the discussion, let alone ask their partner to sign an agreement. There is no reason for negative misconceptions to stop you from discussing the subject with your partner. Discussing the subject of finances, property, and the worst-case scenario of divorce allows parties to speak openly about their wishes, interests, and mutual understandings.

Drafting the Prenuptial or Postnuptial Agreement

When drafting a prenup, the parties make a list of all assets and liabilities, copies of existing wills, trust accounts, gifts, etc. If one party owns a business, it is also wise to provide copies of operating or partnership agreements in preparation of the prenup. Because these agreements concern the interests of two parties, it is usually suggested that each party hire counsel for the drafting process. Our firm can assist couples in obtaining advice from another attorney for the other party.

Couples who are already married also have the option of drafting postnuptial agreements. A postnuptial agreement is similar to a prenuptial agreement in that the couple makes recitals about the joint property and sole property. However, a judge is much more likely to scrutinize a postnuptial agreement, as the longer a couple waits, the more likely finances, assets, and property are commingled.

On that note, while you can choose to draft your own agreement, understand that a judge is much more likely to scrutinize an agreement that was not drafted with advice from opposing counsel for both parties. This is because otherwise, it may appear that terms were included to the benefit of one party and detriment of another, or that coercion or undue influence factored into agreement terms. In any event, if you have children from a previous marriage or relationship, a trust fund, your income is disparate from your partner’s or you simply wish to have security regarding your individual assets, we strongly advise you consider drafting a prenuptial agreement.

Contact Our Attorneys at Eveland & Foster, LLC

If you are considering a prenuptial or postnuptial agreement and want to learn more about the process, call our attorneys at Eveland & Foster, LLC. We are available to discuss your needs and explain the property and asset allocation process.

Child Support Calculations

Child Support Calculations

Some couples contemplating separation and divorce worry if they can afford their current lifestyle after divorce. In addition, many couples worry that the court arbitrarily assigns a figure to their mandatory child support payments. This is not true. While some lifestyle and living arrangements will change after divorce, child support calculations are based on imputed income and contributions to the marriage. If you have shared children with a soon-to-be ex-spouse and are worried about child support, call our attorneys at Eveland & Foster.

Completing Financial Statements

 During the divorce process, while you are gathering important documents and drafting a marital settlement agreement, it is important you give some thought to preparing a financial statement. Both parties prepare their own financial statement even if the prepared forms are identical. This is one of the most integral exhibits you will enter as evidence. The presiding judge also relies heavily on the financial statement in determining child support awards. The financial statement allows the parties to detail a list of assets and liabilities along with contributing income and an itemized list of monthly expenses. Every item from the mortgage to monthly subscriptions is listed on the financial statement. It is important that you do not guess and that you use true figures from monthly bills when preparing your statement because it is submitted to the court and shared with the other party.

Child Support Calculator

 Prior to a scheduled hearing or settlement conference, you can use the New Jersey Child Support Calculator. It is a state-provided service that approximates your monthly child support calculation based on your monthly income and number of children. The calculator is a rough estimate of your contribution. The court will also use non-monetary contributions and the terms of your marital settlement agreement as well as custody arrangements to determine child support. If one parent has primary physical custody the other parent will generally contribute a proportion of support. If both parents have shared physical custody, the parent who contributes more income will likely be required to pay a portion of child support to the other parent accounting for physical time shared. The court will also look at factors like the age of the child, who carries the child on their health insurance plan, cost of education, special needs considerations, and other unique factors. No two child support orders are alike, and you should not make assumptions based on popular culture or the income disparity or equality between yourself and your ex-spouse.

 Modifications and Arrears

If a child reaches the age of majority, a parent becomes unemployed or another major life change occurs, a party can petition the court for modifications to the order, but they must also serve the other party. Only the court can grant modifications. Even if the other party falls behind in making timely payments, arrears( missed payments) cannot be waived or discharged in bankruptcy. In fact, if non-payment continues the owed party can petition the court and a writ of judgment can be ordered, or the court can order wages or benefits garnished until the arrears are paid off.

Call Our Attorneys Today

 Our attorneys at Eveland & Foster, LLC specialize in all aspects of family law including child custody and child support orders. If you have specific questions about what you may owe or are entitled to after divorce, call today to schedule a consultation. We can assist with filing modifications as well.

Equitable Distribution

Equitable Property Division: Modifying QDROs and Life Insurance

When parties are faced with divorce, they often wonder who will receive which possessions, personal property, and the home. Less thought is given to the division of intangible assets, including employee pensions, and life insurance policies. If you are divorcing a spouse, it is important that you understand all your options, preserve copies of all tax and accounting records, and consult an attorney before making any concrete decisions. Eveland & Foster, LLC divorce attorneys can provide crucial advice to potential clients regarding equitable distribution of assets in a divorce.

What is a QDRO, Anyway?

A QDRO is an acronym for Qualified Domestic Relations Order. It is issued by the Employee Pension Plan Administrator.  I.R.C. § 504 (2020). A QDRO is the only document that must be completed by the employer so that pension distributions can be made. If you are currently considering divorce or have already filed and do not have representation, and you or your spouse have an employer-sponsored pension plan or 401K, you should review your options with our lawyers. Only a court order can dictate how the plan participant(employee) will distribute plan assets with the non-participant (soon-to-be ex-spouse). QDROs only apply to 401K pension plans and some IRAs if the accounts are managed by the employer.

Modifications to Life Insurance Policies and Beneficiary Plans

Life insurance distribution and beneficiary plans also require review during divorce proceedings. Usually, the spouse is the de facto beneficiary when a life insurance policy is paid. If you want to change the beneficiary distribution or remove your ex-spouse as a beneficiary entirely, you should discuss it with our attorneys during your family law case consultation. If you and your spouse share children together, whether or not the policy is term life or whole life insurance, making necessary adjustments is critical for their financial protection. Prior to divorce hearings, both beneficiary and policy ownership documents require modification to remain effective.

In New Jersey, a family law judge can make life insurance benefits determinations unilaterally. If it is not explicitly clear in your marital settlement agreement that the parties have reached a compromise regarding beneficiary clauses, the judge will make a decision in the best interest of the child(ren). Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 129 S. Ct. 865 (2009). It is critical that you discuss changes you want to make with your attorney prior to calling your life insurance adjuster. The lawyers at Eveland & Foster, LLC can provide pertinent advice on these matters. Making changes without prior written consent or a divorce judgment can jeopardize your case and the marital settlement agreement you will draft or have drafted between the parties.

Schedule a Consultation Today

At Eveland & Foster, LLC., our attorneys work with divorce and family law clients during tumultuous times in their lives. Our attorneys are well-versed in all areas of family law including real property, personal property, and financial property distribution. Divorce can be messy and combative. it requires level-headed, strategic thinking, and decision making for a party’s needs and desires to be effectuated. Parties must consider all options, including distribution of intangible financial assets like pension plans and life insurance policies, when they are seeking counsel or drafting a marital settlement agreement. Contact our attorneys today for a consultation to learn about your potential options.

Family Law Appeals NJ

 

Family Law Appeals NJ

 

In the event of an unfavorable outcome regarding divorce or child custody, parties do reserve a right to family law appeals the trial court’s decision. However, filing a family law appeal can be a long and arduous process, and it may not result in the outcome the appellant desires. That being said, if you want to contest the trial court’s custody decision, support award amount, or a property distribution, it is critical you obtain legal counsel with experience in appellate matters. Eveland & Foster, LLC is a team of seasoned divorce and family law attorneys who have represented many clients in appellate matters, seeking favorable outcomes on their behalf. Our attorneys can assist you in  appealing a trial court’s order.

 

Mistakes of Law and Mistakes of Fact

 

In New Jersey, the trial courts hear family law issues. Usually a judge with experience in family law matters presides over the family court docket, but that is not always the case. Many judges are appointed with experience as a state’s attorney in criminal matters, but they have limited breadth in civil cases, including family law matters. While it is rare, occasionally a judge does make a mistake of fact or a mistake of law. A mistake of law means the judge interpreted the statute or applicable rule incorrectly in regards to your case. This is extremely rare and usually only occurs if a new law applies or there is limited precedent regarding a unique facet of your case. More often, a mistake of fact occurs. A mistake of fact is unique to your case. Both parties (ex-spouses or ex-partners) prepare their side or case to the presiding judge. If a judge misinterprets a crucial fact that went into factoring his or her decision, that could completely alter the outcome to your detriment.

 

For example, in New Jersey, property is not considered marital property if it was a gift acquired prior to the marriage. If you were bequeathed a valuable family heirloom while still single, that item is not marital property and therefore would not be factored into equitable distribution. N.J. Title 2A:34-23.1 Equitable Distribution (2013). If the judge missed this crucial fact, he or she could mistakenly include that item in a financial statement interpretation when dividing assets. Similarly, if there is abuse in the home, that is a crucial element of determining child custody, and if the facts were misconstrued it could mean the difference between shared custody or only supervised visitation. While the appellate court does give deference to the trial court when reviewing the record for errors of fact, it is possible that a decision could be overturned.  Whatever your unique situation may be, it is critical that if you want to appeal a trial court’s decision, you preserve your right to seek an appeal.

 

Appellate Process

 

Filing a family law appeal NJ from a family court decision is a stymied process. It requires finesse and a strong understanding of the applicable laws. In New Jersey, a party has 45 calendar days from the entry of a judgment to appeal the lower court’s decision. N.J. Rule 2.8:1 Motions (2018).  Doing so requires a copy to be served with the clerk’s office and the other party. It is crucial to remember that filing an appeal is not an outlet for expressing your frustration or disagreement with the lower court judge’s decision. Rather, filing an appeal requires reflection upon the case and whether there was a substantial issue of fact or law that was overlooked or wrongfully applied. Remember that the trial court judge is given a wide berth and the appellate court will not allow the introduction of new evidence or new testimony when they review the trial court judge’s decision.

 

It is important to weigh your options when considering an appeal but also to ensure you do so properly if you want to move forward. The assistance of legal counsel can make a real difference in the appellate process and the outcome for your case. You can also file a Motion for Reconsideration within 20 days with the trial court judge, which is not a new trial but does give the presiding judge an opportunity to reconsider their decision and the possibility that they overlooked a fact when making their decision. N.J. Rule 4:49-1 (2019). Filing a Motion for Reconsideration is not a guarantee that a presiding judge will render a new judgment, and also does not prevent the party from later filing an appeal.

Call Eveland & Foster, LLC Today

The Law Offices of Eveland & Foster, LLC are experienced family law attorneys. They know how to prepare an appellate brief and guide their clients through the arduous and sometimes difficult appellate process. If you feel strongly about filing for an appeal, or believe there was a mistake of law or fact applied to your case, you must seek legal counsel. You only have 30  days to file an appeal after a trial court judge has rendered a decision in the State of New Jersey. If you need assistance with your appeal, call Eveland & Foster, LLC today for a consultation and discussion of your appellate case.

Divorced Couples, Their Families, and COVID-19: How to Navigate Returning to School

Divorced Couples, Their Families, and COVID-19: How to Navigate Returning to School

Now that the CDC recognizes a “second wave” of COVID-19 cases, many parents are asking if it is truly safe for their children to go back to school in person. Complicating that decision are conflicting wishes of divorced couples who must make collaborative decisions about their child’s education. If you are a parent of a school-aged child who disagrees with an ex-spouse regarding your child’s schooling, you need the advice of an experienced family law attorney. Eveland & Foster, LLC  are renowned divorce and family law attorneys in the Greater New Jersey area, and they can assist you in making parenting decisions with your ex-spouse in the era of COVID-19.

Between November 1, 2020 and November 5, 2020, the State of New Jersey reported more than 9,500 new cases. Cases are at their highest levels since Mid-June. While the New Jersey State Department of Education intended to open schools for in-person learning in early December, those plans are now being re-evaluated. In Morris County, New Jersey, plans were made to return students to in person learning in early January. Those students included children in middle and high school.

Now that those plans have been revised, children in grades K-5 will not return to in-person learning until at least January 15, 2021 and children in grades 6-12 will not return until the first week of February 2021. It will consist of hybrid learning (a mixture of virtual and in-person instruction) with alternating schedules and staggering of student arrivals and departures. This will further complicate schedules and coordination for divorced parents of minor children, but it is critical at this juncture for parents to recognize that flexibility and a desire to collaborate can assist children in a smooth transition.

Revisions to Parental Agreements and Physical Custody Arrangements

If you share joint physical custody of your child with your ex-spouse, you might have a split 4-3, or 3-2-3 weekly arrangement, in which both parents are responsible for ensuring the child is ready for school each day. This is compounded when virtually schooling takes place and the child requires adult supervision. In some cases, both parents are essential workers and have been unable to hire child care to supervise their children during virtual learning hours. If your spouse refuses to assist your child with schoolwork, getting logged on for virtual learning, and getting to school on time for in-person learning, they are violating the terms of your marital settlement agreement and/or parenting agreement. It is critical you seek the assistance of an experienced attorney to assist you in an amicable solution. Your child’s well-being is of utmost importance. Eveland & Foster, LLC can ensure that the best interests of your child are upheld during a dispute or settlement conference with your ex-spouse.

Resolving In-Person or Virtual Learning Disputes With Your Ex-Spouse

You can resolve educational disputes with your ex-spouse by meeting with an attorney for possible revisions or amendments to your parenting plan. If your ex-spouse has been exposed to Covid-19 or is not following protocol, it might be necessary for you to retain temporary full physical custody. Only a judge can make revisions to a parenting agreement, after a hearing between both parties. But remember, legal custody includes decisions about education, homeschooling vs. public or private school, and opting out of in-person learning in the Spring semester. Parents might want to consider revising a split week plan and alternating to one full calendar week for each parent, with drop-off/pick-up on the weekends. Also, both parents should ensure the child has an adequate workspace for virtual schooling, along with a laptop/tablet and reliable internet connection, and parental supervision for logging on and participating in virtual classes.

Call Eveland & Foster, LLC Today

The Law Offices of Eveland & Foster, LLC are experienced family law attorneys.  They produce proven results and outcomes for their clients and have assisted many clients in the new era of COVID-19. While the pandemic has brought many challenges, it does not change the law. Parents are required to seek a resolution that is in the best interest of the children, and that includes decisions regarding education. Now more than ever it is essential that children experience some sense of normalcy when everything else has changed. It is crucial that divorced parents try to collaborate and communicate openly when it pertains to following COVID-19 protocols and making choices about virtual or in person schooling. If you are faced with difficulty from your ex-spouse regarding your child’s education and school plans, and you need help, call Eveland & Foster, LLC today for a consultation and review of your potential options.

 

New Jersey Divorce

 

New Jersey Divorce

New Jersey follows an equitable division of property rule when two people go through a New Jersey divorce. As such, any assets acquired during the course of the marriage are subject to division. Any premarital asset you want to protect from being part of a divorce settlement must be kept separate from the marital estate, so it will not be subject to distribution. How do you keep premarital assets outside of the marital estate?

Prenuptial Agreements

 Prenuptial agreements are the best way to protect premarital assets. A good prenuptial agreement clearly describes the assets which will not become marital property and will therefore not be subject to equitable distribution. Premarital property is protected from equitable distribution under New Jersey law. However, it is not always this simple. How is property divided when there is no prenuptial agreement?

Assets Purchased in Contemplation of Marriage

Assets purchased in contemplation of marriage might be considered marital property if not carved out in a prenuptial agreement. To decide if an asset is marital property, the court will look at the behavior of the parties surrounding the acquisition of the property. So for example, if one spouse purchased a house before the marriage, the court will look at whether the other spouse had input into the purchase, invested resources into improving the property, and took an active role in maintaining the property. If the court decides that the house was purchased in contemplation of marriage, then it will be considered a marital asset.

Assets That Increase in Value During the Marriage

Sometimes an asset owned by one party prior to a marriage increases in value during the marriage. In such a case, the court will look at whether the asset was active or passive. Passive assets increase in value without any contribution from the non-owner spouse, and such assets will usually not be subject to equitable distribution. However, if the court decides an asset is active, and the non-owner spouse was involved in whatever caused the asset to increase in value, then the amount of the increase in value will be considered subject to equitable distribution.

What Happens When Premarital Assets are Commingled with Marital Assets?

 When parties commingle premarital assets with marital assets, it makes divorce and property division more complicated. Placing funds into a joint account, for example, can convert a premarital asset to a joint asset, as can selling pre-owned stock to buy a family home.

The Bottom Line for Protecting Premarital Assets

Whoever is in possession of a premarital asset and wishes to protect it should never commingle the asset with marital property. You should also not allow your spouse to invest time or effort into improving an asset you own or increase the value of your asset if you wish to keep it outside the marital estate. Do not add your spouse’s name to any account, title, or other ownership documents, if you wish to keep the asset separate. If you have received an inheritance, you should keep the funds in a separate account, and any inherited property outside of the home you live in with your spouse.

Do You Need a New Jersey Divorce Lawyer?

If you need advice on how to protect your assets, either before marrying or because you are considering a divorce, consult with the experienced divorce attorneys at Eveland & Foster. Our team will help guard your assets. Get in touch with an experienced New Jersey divorce lawyer today, and let us help you protect your assets.

 

Child Support During Covid

𝐶ℎ𝑖𝑙𝑑 𝑆𝑢𝑝𝑝𝑜𝑟𝑡 𝐷𝑢𝑟𝑖𝑛𝑔 𝐶𝑂𝑉𝐼𝐷
With unemployment on the rise, many are unable to meet their support obligations. Questions arise on whether modifications to child support can be made during the COVID 19 crisis.
Customarily, there needs to be a sustained change in income before a court will modify a non-custodial parent’s child support obligation. If you are experiencing an issue call Eveland Foster Family Law today at (973) 285-3173 to discuss your situation with an experienced attorney.

2020 NJ Rising Stars

𝐄𝐯𝐞𝐥𝐚𝐧𝐝 & 𝐅𝐨𝐬𝐭𝐞𝐫 𝐅𝐚𝐦𝐢𝐥𝐲 𝐋𝐚𝐰 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐍𝐚𝐦𝐞𝐝 𝐭𝐨
𝐭𝐡𝐞 𝟐𝟎𝟐𝟎 𝐍𝐞𝐰 𝐉𝐞𝐫𝐬𝐞𝐲 𝐑𝐢𝐬𝐢𝐧𝐠 𝐒𝐭𝐚𝐫𝐬 𝐥𝐢𝐬𝐭.
We are proud to announce the selection of one of our attorneys, Elizabeth Foster Fernandez, to the 2020 New Jersey Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in New Jersey.
Super Lawyers, part of Thomson Reuters, is a research-driven,
peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
The annual selections are made using a patented multiphase
process that includes:
• Peer nominations
• Independent research by Super Lawyers
• Evaluations from a highly credentialed
panel of attorneys
The objective of Super Lawyers is to create a credible,
comprehensive, and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as the Minnesota Super Lawyers Digital Magazine.
Please join us in congratulating Elizabeth Foster Fernandez on her selection.

Covid-19 and Co-Parenting

Covid-19 & Co-Parenting
Many parents are attempting to navigate custody amid changes to work, social distancing, and shelter in place orders which make custody arrangements difficult to follow. What is the best way to have a successful co-parenting relationship during the COVID-19 pandemic? It’s complicated but the Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for co-parenting during the COVID-19 pandemic:

Seven Guidelines for Parents Who Are Divorced/Separated and Sharing Custody of Children During the COVID-19 Pandemic

From the leaders of groups that deal with families in crisis: 

    • Susan Myres, President of American Academy of Matrimonial Lawyers (AAML)
    • Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC)
    • Annette Burns, AAML and Former President of AFCC
    • Yasmine Mehmet, AAML
    • Kim Bonuomo, AAML
    • Nancy Kellman, AAML
    • Dr. Leslie Drozd, AFCC
    • Dr. Robin Deutsch, AFCC
    • Jill Pea, Executive Director of AAML
    • Peter Salem, Executive Director of AFCC

1. BE HEALTHY.
Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.
2. BE MINDFUL.
Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate.
3. BE COMPLIANT with court orders and custody agreements.
As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions, there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session.
4. BE CREATIVE.
At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.
5. BE TRANSPARENT.
Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.
6. BE GENEROUS.
Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.
7. BE UNDERSTANDING.
There is no doubt that the pandemic will pose an economic hardship and lead to lost earnings for many, many parents, both those who are paying child support and those who are receiving child support. The parent who is paying should try to provide something, even if it can’t be the full amount. The parent who is receiving payments should try to be accommodating under these challenging and temporary circumstances.
Adversity can become an opportunity for parents to come together and focus on what is best for the child. For many children, the strange days of the pandemic will leave vivid memories. It’s important for every child to know and remember that both parents did everything they could to explain what was happening and to keep their child safe.

 

Will Domestic Violence affect the Outcome of Your Divorce?

𝐖𝐢𝐥𝐥 𝐃𝐨𝐦𝐞𝐬𝐭𝐢𝐜 𝐕𝐢𝐨𝐥𝐞𝐧𝐜𝐞 𝐚𝐟𝐟𝐞𝐜𝐭 𝐭𝐡𝐞 𝐎𝐮𝐭𝐜𝐨𝐦𝐞 𝐨𝐟 𝐘𝐨𝐮𝐫 𝐃𝐢𝐯𝐨𝐫𝐜𝐞?

Domestic violence is a serious issue in New Jersey, and the matter is governed by the Prevention of Domestic Violence Act, which gives rights to victims. Such rights include seeking a restraining order against the abuser, as well as seeking a criminal complaint. Often, domestic violence is a trigger for divorce, but how will this issue impact the outcome of your divorce case?

The Effect of Restraining Orders

Victims of domestic violence often seek temporary restraining orders (TROs) or longer-term restraining orders. One condition of a TRO is that the domestic abuser and victim do not have contact with one another. This will make it impossible to engage in mediation or other settlement negotiations regarding your divorce case. All negotiations will need to go through your attorneys or the matters will need to be left to the court to decide.

Child Custody

If there is a TRO and domestic violence allegations against one parent, the court will certainly take this into consideration when making child custody determinations. If the children were also alleged victims of domestic violence, the court may award sole custody to the non-violent parent with limited visitation rights – if any – to the abusive parent. If the children were not involved in the domestic altercations, the court will need to make sure the non-violent parent is safe when it comes to custody arrangements, as well as taking into account the potential risk to the children.

Discuss Your Situation with a Morristown Divorce Lawyer Right Away
Domestic violence can impact a divorce case in many ways. If you are in this situation, you should have the right legal assistance to both stay safe and protect your rights in the divorce outcome. At Eveland & Foster, LLC, our divorce attorneys represent clients in all different situations. Call 973-285-3173 now.

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