Patricia Ronayne, Esquire, P.C.Patricia Ronayne, Esquire, P.C.2026-05-25T14:35:08Zhttps://www.ronayneesquire.com/feed/atom/WordPress/wp-content/uploads/sites/1302504/2022/01/cropped-favicon-holder-royane-1-32x32.jpgOn Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Divorcing with a small business in New Jersey]]>https://www.ronayneesquire.com/?p=487112026-05-25T14:35:08Z2026-05-25T14:35:08ZThe statutory rules of equitable distribution
New Jersey does not operate under community property rules. Instead, it utilizes the principle of equitable distribution. Under state law, the family court is mandated to divide marital property fairly, which does not automatically mean a clean 50/50 split.
The duration of the marriage: The length of the union significantly impacts how a judge views a non-titled spouse's claim to the growth and appreciation of the business over time.
Direct and indirect contributions: The law evaluates financial cash inputs, but it also places substantial weight on non-financial contributions, such as a spouse managing the household or sacrificing their own career to support the business.
It is a rebuttable presumption under New Jersey law that both parties made substantial contributions to the business's success, meaning the non-owner spouse usually has a legal claim to a portion of its value.
The complexity of business valuation and goodwill
Determining the exact monetary value of a closely held small business is highly litigated. Because valuation is not an exact science, courts rely on the Bowen v. Bowen case to evaluate financial expert testimony.
Enterprise vs. personal goodwill: New Jersey courts distinguish between enterprise goodwill (the value inherent to the business itself, like its brand) and personal goodwill (the value tied to the owner’s individual reputation). Personal goodwill is strictly excluded from the marital estate.
Forensic accounting: Financial professionals must audit corporate cash flows and tax returns to "normalize" the owner's income by stripping away any personal expenses hidden in the corporate books.
Miscalculating these financial markers can result in an unfair valuation that either forces a business owner to overpay their ex-spouse or leaves a non-owner spouse without their rightful share.
Navigating the risk of "double dipping"
A major financial danger during a New Jersey divorce is "double dipping." This occurs when the same stream of corporate income is used twice by the court: once to value the business for an asset buyout, and a second time to determine the owner’s monthly alimony obligations.
The New Jersey Supreme Court addressed this conflict in Steneken v. Steneken. The court ruled that while asset division and spousal support are separate matters, judges must carefully balance these calculations to prevent an unjust financial burden on the business owner.
Reviewing the legal requirements for property division in New Jersey will help you understand the strategic mechanisms available to shield your enterprise. Taking a firm, legally backed position is the only way to safeguard your future. Initiating an independent valuation early allows you to enter negotiations from a stance of authority, protecting your commercial viability.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[What happens to the marital home in a New Jersey divorce?]]>https://www.ronayneesquire.com/?p=487102026-02-28T03:33:19Z2026-02-28T03:33:19ZYour home may be your largest asset and your biggest concern during divorce. In New Jersey, courts divide it under equitable distribution rules instead of an automatic 50/50 split.
How equitable distribution applies to your home
New Jersey courts divide marital property in a way they consider fair. Fair does not always mean equal.Under New Jersey Statutes 2A:34-23.1, judges must consider specific factors when they divide property. Judges review the evidence and make findings about which assets qualify as marital property, how much they are worth and how to distribute them.First, the court decides whether your house qualifies as marital or separate property. Courts usually treat property you acquired during the marriage as marital property. If one spouse owned the home before marriage, the court may still treat part of it as marital if you used marital funds to pay the mortgage or make improvements. When dividing property, judges consider factors such as:
Duration of the marriage: How long you were married.
Income and earning capacity: Each spouse’s ability to earn and support themselves.
Contributions to the marriage: Financial support and homemaking efforts.
Custodial responsibilities: A parent’s need to live in the home with the children.
Debts and tax consequences: The financial impact of the division.
These factors shape what is considered equitable in your case.
Common outcomes for the marital home
You cannot physically divide a house. Courts and spouses usually choose one of several practical solutions. Common outcomes include:
Sale of the home: The property is sold and net proceeds are divided.
Buyout by one spouse: One spouse pays the other for their share of equity and refinances.
Deferred sale: One parent remains in the home for a defined period before sale.
An appraisal is often required to determine fair market value and available equity.
When affordability becomes the deciding factor
Judges look closely at your financial situation. If neither of you can afford the mortgage, taxes and maintenance alone, the court may order you to sell the home.Judges avoid plans that rely on uncertain refinancing or unrealistic income projections. They aim to reduce the risk of future default or foreclosure.
Why speaking with a divorce attorney may help
An experienced attorney can evaluate how equitable distribution laws apply to your situation and explain your options under family. Clear legal guidance may help you pursue a resolution that protects your financial interests.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Is emotional manipulation considered domestic abuse?]]>https://www.ronayneesquire.com/?p=487082025-11-28T12:27:02Z2025-11-28T12:27:02ZWhat New Jersey law says about emotional abuse
In New Jersey, emotional control is a form of domestic abuse under the Prevention of Domestic Violence Act. While physical abuse leaves bruises, emotional abuse causes hidden harm that can be just as damaging. These make come in:
Always criticizing and putting you down
Threats and intimidation
Keeping you away from friends and family
Controlling your money or what you do every day
Using children to get at you
Threatening to hurt themselves if you leave
These actions are meant to control you and make you feel powerless, making it seem impossible to leave.
How you can get legal protection
You deserve protection from all types of abuse, including emotional control. New Jersey courts can issue restraining orders specifically for psychological abuse. If you need protection:
Document all incidents with dates and descriptions
Save text messages, emails, and voicemails as evidence
Note any witnesses to the abuse
The court will determine if the behavior causes serious emotional distress and if a reasonable person would feel threatened.
How emotional abuse affects divorce
Emotional control is taken into account during divorce when deciding about custody, support, and how to divide property. The well-being of the children is the top priority, and proof of emotional abuse can greatly influence custody decisions. A parent who manipulates their spouse might also show controlling behavior towards their children.
If your spouse controlled the finances during the marriage, it can affect how the court divides the assets. The court may consider this when dividing property. Judges will also look at whether the manipulation affected your ability to earn money or be financially independent.
Moving forward
You form family connections when you get married, but sometimes these relationships need to change to protect you. It takes courage to break free from emotional control, but you deserve a life free from psychological control. With the right legal help and documentation, New Jersey courts can protect you from emotional abuse during divorce. Remember, it is possible to maintain positive relationships with extended family even after a marriage ends, based on healthier and more respectful terms.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[What is the difference between a legal separation and a divorce?]]>https://www.ronayneesquire.com/?p=487072025-08-26T13:30:34Z2025-08-26T13:30:34ZIn New Jersey, legal separation and divorce are two distinct legal processes. Although they may seem similar, each offers different outcomes for individuals going through relationship difficulties. It’s important to understand how these two processes differ and what each can mean for your future.
Legal separation
A legal separation is when a couple decides to live apart but remains legally married. The court may issue orders related to child custody, support, and division of property, but the couple is still technically married. Legal separation is often a temporary solution for couples who want to take time apart without officially ending the marriage. It may also allow the couple to continue to benefit from certain legal or financial advantages, like tax benefits or insurance coverage.
Divorce
Divorce in New Jersey officially ends a marriage. Once granted, the couple is no longer legally married and is free to marry others. Divorce proceedings involve dividing assets, addressing alimony, child support, and custody arrangements, and finalizing all aspects of the relationship. Unlike legal separation, divorce terminates the legal and financial ties between the couple, and each person begins their life independently.
Key differences between legal separation and divorce
The main difference between legal separation and divorce lies in the relationship’s legal status. While legal separation does not dissolve the marriage, divorce fully ends it. Additionally, legal separation may be used as a step before divorce or as a long-term arrangement for couples who don’t want to divorce. Divorce involves a finality that legal separation does not.If you're unsure whether to pursue a legal separation or a divorce, understanding the specific outcomes of each can help you make a more informed decision about your future.
]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Can a child choose which parent to live with in New Jersey?]]>https://www.ronayneesquire.com/?p=487062025-05-21T13:35:14Z2025-05-21T13:35:14ZWhat is the legal standard for child custody?
New Jersey law prioritizes the best interests of a child. This means the court looks at different conditions to ensure the child is in the safest, most stable and most supportive environment. These factors include the parents’ mental stability, the ability to provide a stable home, the child’s relationship to the parents and more.
Can a child’s preference influence the court’s decision?
While the child’s preference holds weight in the decision-making process, it has certain limitations. New Jersey law may consider the preferences of children aged 12 or older. However, although the court may consider their input, it does not control the final decision.
When does a child’s preference matter more?
The child’s age and maturity play a significant role in how much weight the court gives to their opinion. If the child can clearly explain why they chose to live with that parent, the law might consider their desire. However, the court’s decision will still consider the child’s best interest, not just what the child wants.
How does the court listen to the child’s opinion?
Judges may interview the child privately to understand the reasons behind the child’s wishes. It also ensures that the child can speak freely about their feelings and thoughts without any external influences. The process can also help the judge determine whether the child faces pressure from either parent.
Talk to a family law attorney
Every child custody case is unique. If you are dealing with a child custody case, consider talking to an experienced family law attorney. They can guide you through the child custody process and help you understand how your child’s opinion may be heard.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Can job loss alter support payments?]]>https://www.ronayneesquire.com/?p=487052025-03-06T17:59:40Z2025-03-06T17:59:40ZLosing your job can significantly impact your financial obligations, especially concerning support payments like alimony and child support. In New Jersey, such circumstances may allow for modifications to these payments, but they aren't automatic and require court approval.
Child support obligations amid unemployment
Child support aims to provide for the child's needs, and obligations remain until the court approves a modification. If you lose your job, you must file a motion to modify child support, demonstrating a significant change in circumstances. Courts will assess the duration of unemployment, as temporary job loss may not qualify for modification. They will also look at the reason for job loss, as voluntary unemployment or termination due to misconduct may not justify a modification. Active job search efforts are essential to proving your case.Failure to pay court-ordered child support without a modification can lead to penalties, including wage garnishment, license suspension, or even arrest warrants. Courts take child support obligations seriously, and you must follow legal procedures to request any changes.
Understanding alimony modifications after job loss
Alimony, or spousal support, is designed to help a lower-earning spouse maintain a standard of living post-divorce. If you lose your job, you must continue making alimony payments until a court modifies the order. To seek a modification, you must demonstrate a substantial change in circumstances. New Jersey law mandates a 90-day waiting period after job loss before filing for an alimony modification. During this time, courts expect you to actively seek new employment.When considering a modification request, courts evaluate several factors. They examine the reason for job loss—whether it was voluntary or due to misconduct—and your efforts to find new employment. If you have health issues that prevent you from working, that may also play a role. Additionally, courts assess the financial status of the recipient to determine if their situation has changed.
Steps to seek modification
If you need to modify support payments, you must follow the proper steps. First, file a formal motion with the court detailing your change in circumstances. Provide evidence of your job loss and efforts to find new employment. Attend a hearing where a judge will evaluate your request. Until the court approves a modification, you must continue making your support payments to avoid legal repercussions.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[How is virtual mediation transforming the divorce process?]]>https://www.ronayneesquire.com/?p=487042024-12-10T16:02:01Z2024-12-10T16:02:01ZVirtual mediation is changing how people handle divorce. Many couples want less stressful ways to separate, and technology is helping make that happen. Virtual mediation gives them a way to work through issues that is easier, faster, and less expensive than meeting in person.
Easier for everyone to join
Virtual mediation lets people take part from home. They don’t need to travel to an office, which helps if they live far apart or have busy schedules. It also works well for those with disabilities or who find face-to-face meetings uncomfortable. This way, everyone can fully participate in the process.
More flexible scheduling
Finding time for in-person meetings can be tough with jobs, kids, and other responsibilities. Virtual mediation makes it easier to pick times that work for everyone. This helps avoid delays and lets couples solve problems more quickly.
A calmer way to communicate
Divorce can bring up strong emotions. Virtual mediation reduces face-to-face arguments by creating physical distance. This setup helps people feel calmer and talk about important topics more constructively, leading to better results.
Saving money for couples
Virtual mediation usually costs less than meeting in person. There are no travel or office fees, which lowers the overall expense. This makes it a good option for couples looking to save money during their divorce.
Using technology to find solutions
Tools like video calls, file-sharing apps, and secure chat systems make virtual mediation easier. These tools help everyone stay organized and on the same page. They also keep records of discussions, adding transparency to the process.Virtual mediation is making divorce more convenient, affordable, and efficient. As technology continues to improve, it will offer even better ways to help couples work through their divorces.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Challenges of changing child custody agreements due to relocation]]>https://www.ronayneesquire.com/?p=487032024-08-30T16:14:35Z2024-08-30T16:14:35ZChild custody agreements aim to serve the child’s best interests. Life changes can happen, and sometimes a parent may need to move to a new location. This can create legal challenges, especially if the move affects the current custody arrangement.
How relocation affects custody agreements
Moving can disrupt the original custody agreement and impact the child’s relationship with both parents. If the custodial parent plans to move a long distance, it might limit the non-custodial parent’s time with the child. The court takes this disruption seriously and they will carefully consider whether the move is in the child’s best interest.
Legal steps and requirements
A parent who wants to move with their child needs either the other parent’s consent or approval from the court. The court looks at several factors to decide if the move should happen. These factors include the reason for the move, the child’s relationship with both parents, how the move will affect the child’s education and social life, and whether the non-custodial parent can still maintain a strong relationship with the child. The court also considers whether a new custody arrangement can work with the relocation.
Challenges parents face
One of the biggest challenges in changing a custody agreement is proving that the move benefits the child. Both parents may have strong opinions about what’s best, and the court has to balance these with the child’s need for stability. Another challenge is the legal process itself. It can be long and emotionally draining. Both parents might need to present evidence, call witnesses, and even go through a custody evaluation.
Handling relocation and custody
Changing a child custody agreement because of a move comes with legal challenges. The court’s main concern is always what’s best for the child. Parents dealing with this situation should understand the legal steps involved and be ready to focus on what will truly benefit their child.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Understanding alimony in a high-asset divorce]]>https://www.ronayneesquire.com/?p=487022024-05-31T16:57:03Z2024-05-31T16:57:03ZFactors influencing alimony decisions
Several factors influence alimony decisions in high-asset divorces. Courts look at the length of the marriage, the standard of living during the marriage, and the age and health of both spouses. They also consider each spouse's financial needs and earning capacity. Contributions to the marriage, both financial and non-financial, play a role as well.
Evaluating income and assets
In high-asset divorces, evaluating income and assets becomes complex. Both spouses must disclose all sources of income, including salaries, bonuses and investment returns. Courts also assess the value of properties, businesses and other significant assets. Accurate valuation ensures fair alimony decisions.
Lifestyle and standard of living
Maintaining the standard of living enjoyed during marriage is a key factor. Courts strive to ensure that neither spouse experiences a drastic change in lifestyle post-divorce. This consideration is particularly important in high-asset divorces, where the standard of living may be very high.
Duration of alimony payments
The duration of alimony payments depends on various factors. Courts consider the length of the marriage and the time needed for the receiving spouse to become self-sufficient. In high-asset divorces, payments may last longer due to the higher standard of living established during the marriage.
Modifying alimony
Alimony arrangements are not always permanent. Significant changes in circumstances, such as a change in income or health, can lead to modification. Both spouses can request a review and adjustment of the alimony terms based on these changes.
In a high-asset divorce, seeking skilled legal support can simplify the alimony process, allowing you to protect your interests effectively.]]>On Behalf of Patricia Ronayne, Esquire, P.C.<![CDATA[Can a divorcing parent’s mental health affect custody?]]>https://www.ronayneesquire.com/?p=487012024-02-29T19:53:40Z2024-02-29T19:53:40ZWhat is mental health?
First, let’s talk about mental health. Mental health is all about how we think, feel and act. This includes our emotions, thoughts, behaviors and how well we control our thoughts and emotions.
One of every five Americans lives with a mental health condition. That is many people, so the courts understand this and deal with it in cases all the time. However, that does not mean they ignore it.
Impact on the court’s decision
When a parent asks if their mental health status or condition will affect the court’s decision on child custody, the answer is: it depends.
When the court finds out that parental mental health is one issue, it will consider it one factor among many when deciding who the child should live with. The court will look at:
The parent’s ability to parent their child
The child’s safety
Any history of abuse or neglect
Any allegations of abuse or neglect by credible sources
The child’s stability
The child’s health and happiness
Essentially, the court is tasked with ensuring that the child is in the safest place and cared for by the most capable person. Whether that is the parent who has the condition or the other parent, or both, depends on each individual case.
Let’s say a parent has had depression for most of their life and they take medication and attend therapy. They have been under treatment for many years and are grateful for the help from their doctor. They have been cooperative in seeking help and using resources given to them.
In such a case, the factor of mental illness may be much less important than, say, in a case where the parent is a raging alcoholic who denies their condition, contrary to clear evidence presented to the court, including the child’s testimony, if the child is mature enough to speak and communicate with the judge.
Bottom line
Mental health matters are a sensitive topic for parents going through a divorce because there is a lot of uncertainty around custody when the court is evaluating all factors.
It is understandable to be anxious and stressed during this time. However, remember that the court is not out to hurt you or take your child away. The court simply wants to do what is best for your child.]]>