Due to the inordinate time, expense, and lack of judicial resources available for divorce cases, the New Jersey Courts have implemented settlement alternatives to court proceedings.

One of these is the Early Settlement Program (ESP) which helps parties in a divorce reach a settlement in advance of a distant court date.  Represented by attorneys, the

Both during and after a divorce, one spouse may require financial support from the other; this financial support is known as alimony. Alimony allows the dependent spouse to maintain a lifestyle as close as possible to what the couple enjoyed during the marriage, at least until the dependent spouse is able to start supporting themselves.

In New Jersey, there are five types of alimony:

Continue Reading Divorce and Alimony in South Jersey

In a previous blog, the process of emancipation in New Jersey was discussed, which included the various factors a court considers when determining whether or not a child should be emancipated. A common issue is the emancipation of college-age children, because children in college are likely to be over the age of majority, but still dependent on their parents as full-time students.

Several cases in New Jersey have addressed this specific instance. Newburgh v. Arrigo, the leading case in the area of emancipation, states that “the privilege of parenthood carries with it the duty to assure a necessary education for children.” Several other cases, including Gac v. Gac, Patetta v. Patetta, Limbert v. Limbert and Moehring v. Moehring have all stated that a child’s full-time attendance in postsecondary education may be a basis to delay emancipation, because, even though parents are not generally required to support a child over eighteen, the child’s enrollment in a full-time educational program has been held to require continued support.

Therefore, a child attending college on a full-time basis is not likely to be emancipated from their parents due to their dependent status while still in school.

Continue Reading Emancipation of College Students and College Contributions