The Connection Warren-Watchung Edition April/May 2018

APRIL/MAY 2018 THE WARREN-WATCHUNG CONNECTION PAGE 53 Divorce Lawyers Dedicated Solely to New Jersey Family Law A firm devoted solely to practicing family law, Shimalla,Wechsler, Lepp & D’Onofrio, LLP, provides exceptional services through both litigation and alternative dispute resolution.We will defend your rights and best interests at every stage of the process, and seek solutions through an intelligent and practical approach to divorce. Dependable Legal Guidance Tailored to Your Needs and Focused on Results Our lawyers provide practical guidance, advice, and recommendations to help our clients establish realistic objectives and understand the various legal options at their disposal. Our attorneys focus on: • Dissolutions of marriage, civil unions, and domestic partnerships • Child custody, parenting time, and child support • Alimony, palimony, and spousal support • Equitable distribution of assets and liabilities • Domestic violence Litigation and Alternative Dispute Resolution Our attorneys understand that divorce affects every family differently.We will take the time to understand your unique circumstances and devise legal solutions tailored to suit the needs of your family. In all cases, our lawyers will explain the avenues of mediation, arbitration, and collaborative law as non-adversarial alternatives to taking a case to court.When litigation in the courts is the appropriate option, we use our substantial experience and skills to take proactive and decisive action on your behalf. Our firm takes pride in providing results-driven legal services on your behalf and we remain dedicated to your best interests throughout the process. All four of our partners are trained in mediation and collaborative family law. In addition, our firm received a First Tier ranking in New Jersey Family Law Mediation by U.S. News – Best Lawyers ® for the Sixth Edition of Best Law Firms*, and three of our partners are certified by the Supreme Court of New Jersey as Certified Matrimonial Law Attorneys. We are committed to providing superior legal representation that yields favorable results in an efficient and timely manner, while helping to reduce the emotional and financial toll on the family, and focusing on your specific goals to help you build a brighter future. High-Quality Family Law Solutions Backed by 110 Years of Experience Michele E. D’Onofrio Amy Zylman Shimalla AmyWechsler Heidi Ann Lepp Shimalla,Wechsler, Lepp & D’Onofrio, LLP 101 Town Center, Suite 117,Warren, NJ 07059 (908) 922-4238 info@swldfamilylaw.com • www.swldfamilylaw.com Serving clients in most NJ counties including Somerset, Hunterdon, Middlesex, Union & Morris counties. *Best Lawyers® inclusion is based entirely on peer-review. Information on the selection process can be found at http://bestlawfirms.usnews.com/methodology.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. In New Jersey, a couple cannot acquire marital or civil union rights and responsibilities by simply living togeth- er. For a couple to have a legal mar- riage or civil union, they must both obtain a valid marriage or civil union license and have a ceremony per- formed by an authorized person, insti- tution, or organization to solemnize the event. For couples who have not taken those two steps, traditional divorce law simply does not apply. When a married couple divorces, one of the parties may be entitled to alimony or other spousal support. There are specific statutory provisions and case law that provide for alimony and give guidance as to how much alimony should be paid and for how long. But if that same couple never married, alimony is not available and the legal framework for alimony is not considered. For most of these couples, neither party is entitled to support of any kind. For others, in very limited cir- cumstances, one party may be entitled to support in the form of “palimony.” Similarly, couples who are married or in a civil union can take advantage of specific laws that provide for “equi- table distribution” of property. Those laws define the property that is subject to division (called “marital property”) and set forth the factors to consider when determining how couples will share their assets, as well as their debts. This includes the distribution of real estate, bank accounts, businesses, retirement assets, vehicles, furnishings and whatever else the parties own, and it also includes debts, such as credit card debt, mortgages, personal loans and car loans. But for unmarried and non-civil union partners, the law on equitable distribution does not apply, and many people are surprised and dis- appointed to learn that they do not have the same property rights as mar- ried individuals when their relation- ships end. When unmarried couples own real estate together, their rights are usually defined by the way they hold title on the deed. In some instances, couples may have entered into cohabitation agreements or contracts that set forth their respective rights regarding prop- erty and, in those cases, principles of contract law may apply to the division of these assets. Unmarried couples who are considering owning a home together may want to explore the ben- efits of entering into these types of agreements before taking title. Cohabitation agreements can be useful in addressing not only real estate, but other types of assets as well, so parties can be clear how they will divide furniture, bank accounts and other property they acquire together. These agreements can also provide for the sharing of debts and responsibility for expenses. By entering into a cohabitation agreement or other contractual arrangement, an unmar- ried couple can clearly establish their rights and obligations and save them- selves unnecessary litigation if they end their relationship. FOR COUPLES LIVING TOGETHER BUT UNMARRIED, TRADITIONAL DIVORCE LAW DOESN’T APPLY By: Amy Wechsler, Esq. www.theconnectionsnj.com