PALIMONY & EMANCIPATION

PALIMONY

Palimony in New Jersey: Post Relationship Support Payments Without A Written Agreement

Though the palimony law was changed two years ago this month; many New Jersey residents have no idea what the change means, or even that it happened. However, if you are or were in a relationship that was essentially a marriage without the license, the new palimony law is lurking behind you. New Jersey had always held that, regardless of the license, if a romantic relationship had developed into essentially a marriage, that, if and when the relationship ended, depending on the circumstances, one partner could be ordered to pay a type of alimony to the aggrieved party. Two years ago that changed, and, in commemoration of its two year anniversary, Simon Law Group wanted to bring it to New Jerseyians' attention. The new palimony law requires that any promises for financial support be express, written, and done so under independent advice of counsel. That means, if you are not married but live as though you are, in the event of a break-up, the person who was promised to be cared for will have no recourse unless both partners had signed an agreement stating such and only after the advice of counsel. The law is relatively new and has had little treatment in the courts so check back with the Simon Law Group for updates!

We know the importance of learning about the situation so we can provide you with only the advice you truly need, in order to meet the goals you’ve set. That means the first thing we do is listen to you. This is your case and your life, not ours. By understanding our clients concerns, questions and fears, only then can we provide you with the information and options that best fit your situation. Ultimately, you make the decisions after listening to our advice regarding possible outcomes.

EMANCIPATION

Emancipation in New Jersey

Emancipation of a minor is a legal instrument by which a minor is removed from control by his or her parents or guardians, and the parents or guardians are removed from any and all responsibility toward the child. Until emancipation is granted by a Court, the minor is still subject to the rules of their parents and/or guardians. In certain circumstances, emancipation can be granted without the court granting when the minor is bound to make a decision for themselves in the absence of their parents (who may be already dead or who may have abandoned the minor).

A minor is considered emancipated from his or her parents when the minor:

§  has been married;

§  has entered military service;

§  has a child or is pregnant; or

§  has been previously declared by a court or an administrative agency to be emancipated.

How old do you have to be to become emancipated?

A child 16 or over can request emancipation.

What steps can I do to start the process?

Gain legal employment to earn a living.  This will show the minor can support her/himself.

Call today to speak with a NJ Attorney to find out more about emancipation and guide you through the process 800-709-1131