Family Law

Family law issues such as divorce, separation, child custody, and visitation are often accompanied with a great deal of emotion and stress. Our goal is to provide you with options, so you can decide what is best for your own family. Before founding Angelova Law, Ms. Angelova served as a judicial law clerk to the Hon. Richard F. Wells. In her position as a law clerk, attorney Angelova had an opportunity to gain substantial knowledge and experience in family law issues such as: divorce, pre-marital agreements, post-nuptial agreements, separation agreements, custody issues, modification of custody orders, establishment of child support orders, modification of child support orders, alimony, termination and modification of alimony, and domestic violence.

The Angelova Law Firm handles the following types of family issues:

• Divorce/Dissolution of marriage
• Prenuptial Agreements
• Postnuptial Agreements
• Child Support – establishment of child support; modification of child support obligation; reduction of child support; increase child support; terminate child suppor
• Alimony
• Emancipation
• College Contribution
• Child custody; legal custody; physical custody; joint legal custody; joint physical custody; modification of custody orders
• Visitation rights/ Parenting time
• Enforcement of litigants' rights; enforcement of prior child support orders; enforcement of custody orders; enforcement of settlement agreements
• Orders to Show Cause (emergency situations

Divorce/Dissolution of marriage

What Are the Grounds for Divorce in New Jersey?

In New Jersey, one may obtain a divorce based on the following grounds:

1. Imprisonment of one of the spouses for 18 or more consecutive months after the marriage;
2. Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.
3. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.
4. Adultery;
5. Willful and continued desertion for the term of at least 12 months;
6. Extreme Cruelty (includes any physical and mental cruelty);
7. Separation;
8. Voluntary induced addiction;
9. Habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage; and
10. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the divorce complaint.

Annulment

Can I get an Annulment?

Annulment is a holding or finding by the court that a marriage never existed. In New Jersey, there are six grounds for annulment. They are as follows:

1. One of the parties was married, or one of the parties was in an existing civil union or domestic partnership at the time the parties married;
2. The spouses are in relation within the prohibited degrees;
3. Impotence
4. Lack of capacity by one or both spouses;
5. Nonage; and
6. Fraud.

Prior Marriage

Scenario 1. Peter marries Ivana in 2005. They don't get along but never divorce. In 2012, Peter marries Joanne. Peter did not tell Joanne that he was previously married and never got a divorce. Joanne wants an annulment? Can she get an annulment in NJ?

Answer: May be. An annulment may be granted in situations where either of the parties has another wife or husband living at the time of the second marriage. However, it is up to the court whether to grant the annulment.

Relation within Prohibited Degrees

Annulments may be granted where the spouses are related within the degrees prohibited by law. The prohibited degrees are set forth in a statute. If you are not sure whether your relations falls within the prohibited degrees, please consult a family law lawyer.

Impotence

Annulments may be granted where one or both parties were physically and incurably impotent at the time when they entered into the marriage. However, in order to file for annulment under the impotency ground, the movant must show that he/she was not aware of such impotency at the time of the marriage and the impotency has not been ratified the marriage after learning of the impotency. Additionally, the moving party must show that the impotence is incurable.

Lack of capacity

A spouse can file for annulment based on lack of capacity if one of the following conditions can be established"

1. Mental incompetence
2. Intoxication or drug addiction
3. Duress

Nonage

If one of the spouses was under 18 at the time of the marriage, an annulment may be appropriate unless the marriage was confirmed by the underage party after she/he reached the age of majority, 18.

Fraud

If the fraud was of an extreme nature and goes to the essentials of the marriage, and the proof of such fraud is clear and convincing, the court may grant an annulment. Whether the fraud goes to the essentials of the marriage is a question of fact decided by courts. Some examples of fraud include but are not limited to: fraud regarding intention to have children, fraud regarding religious beliefs, fraud regarding the marriage ceremony; fraud regarding social position and circumstances, fraud in concealing a physical disease, sham marriage, etc.

The information above is provided for informational purposes only. It shall NOT be construed as legal advice.

Prenuptial Agreements

A prenuptial agreement (prenup) or a premarital agreement is a contract/agreement entered into by individuals who plan to get married. The parties enter into the prenuptial agreement before they are married. The provisions in a prenuptial agreement vary and usually depend on the parties' personal wishes or circumstances. Generally, most couples who enter into prenuptial agreements include provisions regarding property/assets distribution, spousal support or the waiver of such. It is important to understand that the the prenup cannot regulate issues with respect to the couple's children. If you would like to enter into a prenuptial agreement, consult with a family law attorney.

Child Support Modification in New Jersey

1. Child Support in general

Child support is a monetary obligation imposed on the non-custodial parent (NCP). It can be paid directly to the custodial parent (CP) or through the Probation Department in your county. In New Jersey, the child support amount is calculated according to the Child Support Guidelines. There are some situations where the court can deviate from the Child Support Guidelines. Please note that deviations are relatively rare.

2. Child Support Modification

Child support modification is a change (adjustment) of the child support amount. It can be an increase or a decrease. In order to get your child support obligation modified, you need to file a motion. Pursuant to New Jersey law and precedent, the moving party must show a change in circumstances before the court decides whether to change the current child support obligation. Please note that whether a certain event constitutes "a change in circumstances" depends on the facts of each case. Not every change in circumstances warrants a modification. Many parents think that every little change (even the most insignificant one) warrants a modification of the child support obligation. This is simply not true. The change should be substantial and it may affect the child or the financial circumstances of either parent. Finally, do not forget that courts are governed by your child's best interest.

3. Child support termination

Once a child is emancipated, the non-custodial parent's obligation will be terminated. In order to emancipate a child, you can file a motion. Once your emancipation motion is granted, your child support obligation will be terminated as of the date of emancipation. However, if you pay child support for more than one child to the same custodial parent, your child support obligation will be modified/recalculated based on the emancipation. Emancipation is an event that constitutes "a change in circumstances." If you need more information on emancipation, please check my legal guide and blog on emancipation.