Publications | Page 5 of 8 | Paras Apy & Reiss

Beware The Mighty Quinn!

Last month the New Jersey Supreme Court injected new vigor into the proposition that “a deal’s a deal.” In Quinn v. Quinn, a provision in the Property Settlement Agreement terminated Mr. Quinn’s alimony obligation if Mrs. Quinn cohabited after the divorce. A majority of the court decided that it was, indeed, enforceable. Under New Jersey law alimony automatically terminates when the recipient remarries. However, cohabitation is not an automatic trigger. First, the alimony payor must prove that that the ex-spouse is cohabitating, which is a fact sensitive analysis involving [...]

By Peter Paras|2017-02-27T20:13:16+00:00June 27th, 2016|Property Settlement|Comments Off

Selecting The Right Lawyer

IT GOES WITHOUT SAYING that it is important to select the right lawyer no matter the nature of your case or your legal concerns. It is, however, doubly important to select the right lawyer for your divorce because of the extremely personal nature of the issues involved in the dissolution of your marriage and the need to set the right course for the future of your family. Many lawyers, by virtue of their education, experience and professional standing, are qualified to provide quality legal services. Because of the personal [...]

By Peter Paras|2017-02-27T21:40:55+00:00May 27th, 2016|Professionalism|Comments Off

20 Years of Professionalism

ON APRIL 1, 1996 Bonnie Reiss, Patricia Apy, and I formed Paras, Apy & Reiss, a Professional Corporation for the Practice of Family Law. We founded our firm on three guiding principles. First, all divorces are unique and require an approach specifically tailored to their unique characteristics. Second, communication between lawyer and client is essential to achieving the client’s goals in a fair and reasonable manner. Third, there is no substitute for preparation. We are committed to knowing the case better than anyone else in the room, whether it’s [...]

By Peter Paras|2017-02-25T16:50:02+00:00April 25th, 2016|Professionalism|Comments Off

New Child Support Law

ON JANUARY 19, 2016 a new child support bill was signed into law. It becomes effective February 1, 2017. Many family lawyers have said that the new statute doesn’t make substantive changes to the law, it only shifts the burden of proof. I don’t share that view. Iregard the new act as a minefield that should be negotiated with extreme caution. Under the new law child support will end when a child reaches age nineteen, unless (1) a court order specifies otherwise or (2) the custodial parent successfully petitions [...]

By Peter Paras|2017-05-15T16:35:01+00:00March 25th, 2016|Child Support|Comments Off

10 Tips for Averting Disaster During Your Divorce

Do not leave the marital residence before speaking to an attorney. Do not sign mortgages, notes or loan documents if you believe your marriage may end. If your spouse talks about going bankrupt advise your divorce lawyer and speak to a bankruptcy lawyer immediately. Do not communicate with your attorney from any email accounts for which your spouse knows or could easily figure out your password(s). Change your internet passwords so that they are not your birthday, old address, pet’s name or any other combination that could be easily [...]

By Bonnie Reiss|2017-03-06T21:09:41+00:00March 4th, 2016|Divorce|Comments Off

Should I Get Divorced?

IN THE MID – 1990S I had an initial consultation with an eighty four year old man who wanted a divorce. One of my first questions was, “When were you married?” His answer was, “1941.” I then asked, “When did you first realize you were unhappy in your marriage?” His answer? “1942”! Our conversation took place more than fifty years after he realized he was unhappy. “Why now?”, I inquired. He replied, “I woke up one morning and realized, I don’t have much time left. I want to see [...]

By Peter Paras|2017-05-19T20:06:10+00:00February 27th, 2016|Divorce|Comments Off

Can I Keep The House

A QUESTION I OFTEN GET from people going through divorce is, “Can I keep the house?” This seemingly simple question is actually a multifaceted one fraught with complicated facts and emotions. Years ago a man literally divided the house in half by using a chainsaw to cut through the roof and the walls. That triumph of emotion over intellect is not the preferred way of answering the question. Generally, there are two main areas with many sub-parts to explore. First, does the income and asset picture allow you to buy your [...]

By Peter Paras|2017-02-27T22:30:48+00:00January 27th, 2016|Divorce|Comments Off

The Science of Paternity

A CHILD BORN - when the mother is married or within 300 days of the end of the marriage (either by death or divorce) is presumed to be the child of the husband. The presumption can be challenged, but the challenger must prove that he is not the father by clear and convincing evidence. A child born to an unmarried woman enjoys no such presumption. In those cases any man who hadsexual intercourse with the mother within 300 days of the child’s birth may find himself in a paternityaction. In [...]

By Peter Paras|2017-02-25T17:15:03+00:00December 25th, 2015|Paternity|Comments Off

Buyer’s Remorse

In other words people tend to second guess themselves after making a difficult decision. This often occurs after a person going through a divorce settles his case. Did I make the right decision? Could I have made a better deal? Why did she/he agree (seemingly) so easily? Would she/he have given more? In this context, buyer’s remorse can be all-consuming – even paralyzing. There are, however, several important concepts to keep in mind. First, settlements are compromises. You have to give to get. In fact, your spouse is undoubtedly having [...]

By Peter Paras|2017-02-25T17:22:48+00:00November 25th, 2015|Buyer's Remorse|Comments Off

Property FAQ’s

Q: What property is subject to division in a divorce? A: New Jersey law requires an equitable distribution of all assets, whether real or personal, acquired during the marriage. In other words, assets acquired between the date of the marriage and the date on which the complaint for divorce was filed are generally subject to division. Q: Are there exceptions? A: The statutory exceptions are gifts from third parties (i.e., someone not your spouse) and inheritances. The legislature reasoned that dividing these assets would (1) bestow a windfall on the [...]

By Peter Paras|2017-02-25T17:34:10+00:00October 25th, 2015|Property|Comments Off