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Common Sense

Our divorce laws are quite complicated and generally require the guidance of an experienced attorney to navigate successfully. However, no matter how good your lawyer is, he or she will have great difficulty overcoming your or your spouse’s lack of common sense. Common sense should be the guiding light for divorcing couples. Without it the process is likely to be more cumbersome, more stressful, more time consuming, and more expensive. For example, if a couple has reported combined gross income of $100,000 per year on joint income tax returns, [...]

By | 2017-11-10T16:48:34+00:00 November 10th, 2017|Divorce|0 Comments

Eight Helpful Divorce Tips

Eight Helpful Divorce Tips - If you are going through a divorce you may be confused, overwhelmed and even terrified of what lies ahead. Having information is the key to staying in control and keeping calm. Leave your emotions at the door: Don’t let those hard feelings color your perspective. You may want revenge, but in the end it’s far better to keep calm and look at things rationally. You could have your attorney send a letter to your spouse about the couch, but that simple letter could cost more [...]

By | 2017-11-10T16:17:06+00:00 November 10th, 2017|Divorce|0 Comments

What’s In A Name?

“That which we call a rose, by any other name would smell as sweet.” William Shakespeare, “Romeo and Juliet”. Courts in New Jersey have disagreed with the Great Bard for some time, however. Legal disputes over a child’s name are not uncommon, several even finding their way to the Supreme Court. Most often the fight has been over the child’s last name, but as you’ll see, first names are sometimes a source of disagreement. In 1995 the Supreme Court decided Gubernat v. Dermer, which involved a couple who was [...]

By | 2017-11-10T16:40:04+00:00 October 10th, 2017|Children|Comments Off on What’s In A Name?

Removal Redux

Last year I wrote about removal cases, cases in which one parent asks the Court for permission to move from New Jersey with the child. In 2001 the Supreme Court of New Jersey decided Baures v Lewis. That decision laid out the legal principles that have governed removal cases for the past sixteen years. A few weeks ago the Supreme Court decided Bisbing v Bisbing. In that A few weeks ago the Supreme Court decided Bisbing v Bisbing. In that decision the court found a “special justification” for changing [...]

By | 2017-11-10T16:17:57+00:00 September 14th, 2017|Removal|Comments Off on Removal Redux

Marital Torts

First off, what is a tort? Black’s Law Dictionary defines a tort as “A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in the form of damages.” Intentional torts include assault and battery. An example of a negligent tort is an automobile accident. Marital torts are torts committed by one spouse against another. They, too, can be intentional or negligent. Under New Jersey law, a marital tort claim must be brought in the same action as the divorce, at least initially. As [...]

By | 2017-09-14T18:40:31+00:00 July 17th, 2017|Marital Torts|Comments Off on Marital Torts

Questions to Ask My Divorce Attorney on the First Visit

Questions to Ask My Divorce Attorney on the First Visit - It can be daunting, confusing and downright scary to visit a lawyer about an impending separation or divorce. The right attorney will put your fears to rest and make you feel comfortable with the process. This is the time to ask the questions you may have about the divorce process. Here are some questions to ask before selecting the right lawyer for you. Do you concentrate in divorce? If he does, it means he deals with divorce a [...]

By | 2017-07-17T14:51:26+00:00 July 17th, 2017|Divorce|Comments Off on Questions to Ask My Divorce Attorney on the First Visit

Have A Pizza!

My friend Tony at Colts Neck Pizza, got me thinking last month.  He joked, “I have a complaint.  I read your articles, but you never say…have a pizza.”  As I ate my pizza that evening, I thought about what he said.  It made a lot of sense. Divorce is stressful even in the more amicable splits.  When the acrimony is extreme, stress levels can skyrocket.  People deal differently with stress.  Some lose weight.  Others gain weight.  Difficulty sleeping or concentrating are frequent side effects.  Irritability, raw nerves, or depression [...]

By | 2017-06-01T15:07:00+00:00 June 1st, 2017|Divorce|Comments Off on Have A Pizza!

The Children

Although divorcing spouses go through a laundry list of emotions, it is the children who are most vulnerable in a divorce.  Regardless of their age, children are permanently affected by their parents’ divorce. Inexplicably many adults cannot place their children’s needs above their own.  And, as a consequence, the children often suffer.  Sometimes a parent ignores his children, spending more time and energy on a new relationship.  Children can feel neglected or unimportant, leading to a deterioration in the relationship with the absent parent. Parents sometimes introduce a new [...]

By | 2017-06-01T15:07:36+00:00 May 17th, 2017|Children|Comments Off on The Children

Income Taxes

As April 15 fast approaches most of us turn our thoughts to income taxes.  If you’re going through a divorce, it’s important to keep a few basic rules in mind. Alimony is deductible by the spouse who pays it and includable as income by the spouse who receives it.  That means that the spouse who pays alimony, whether temporary or upon finalization of the divorce, can take a dollar for dollar deduction on his income tax return for all alimony paid during the tax year.  Conversely, the recipient must [...]

By | 2017-06-01T15:07:46+00:00 April 17th, 2017|Taxes|Comments Off on Income Taxes

Child Abuse

Child abuse is a dark and ominous phrase – with good reason. It is an insidious phenomenon that comes in many forms and has no cultural, economic, gender, or geographical boundaries.  Child abuse victimizes those who are least equipped to protect themselves.  In fact, often the abusers are supposed to be the child’s “protector.”Child abuse cases are among the most difficult to deal with.  Physical abuse often leaves the most obvious evidence.  Bruises, burns, and even broken bones speak loudly and frequently leave a trail to the abuser.  But more [...]

By | 2017-02-27T21:31:43+00:00 February 27th, 2017|Child Abuse|Comments Off on Child Abuse