Publications | Page 8 of 8 | Paras Apy & Reiss

DOMA Is Dead

On June 26, 2013, by a 5-4 vote, the Supreme Court of the United States ruled that certain provisions of the Defense of Marriage Act (DOMA) were unconstitutional. Specifically, the statute’s denial of several significant federal rights to homosexual couples who were legally married in states that recognize same sex marriages was a denial of their right to equal protection under the Fourteenth Amendment.Prior to the Court’s decision, same sex married couples could not file joint income tax returns. Divorced same sex couples could not claim a tax deduction for [...]

By Peter Paras|2017-03-03T22:17:20+00:00September 3rd, 2013|DOMA|Comments Off

Prenuptial Agreements

When Jerry Seinfeld’s friend George Costanza got cold feet about getting married, he tried to scare off his fiancé with two words – “Pre Nup.” It didn’t work for him, but frequently the idea of a prenuptial agreement puts a damper on the romance of marriage. It can turn a wedding into a business deal and can sometimes end an engagement. And, yet, in some cases, it is advisable.Prenuptial agreements (called Premarital Agreements in New Jersey) are more popular for people about to enter into second (or third or fourth) [...]

By Peter Paras|2017-03-03T22:23:30+00:00August 3rd, 2013|Prenuptial Agreements|Comments Off

Permanent Alimony

Permanent alimony is the most traditional, and for some, the most feared form of alimony. It began a long time ago as a way to address the financial needs of the dependent spouse after divorce and forever after. Back then the dependent spouse was almost always the wife who had assumed the traditional gender role as homemaker or housewife (ancient terms) and mother. Nearly all women were ill-equipped to be financially self-sufficient after divorce or even to contribute economically to their own support. Thus, alimony designed to support the [...]

By Peter Paras|2017-03-03T22:32:01+00:00July 3rd, 2013|Alimony|Comments Off

Financial Experts

Often a spouse’s interest in a small business or a professional practice is an asset subject to equitable distribution. A restaurant, a software company, an architectural practice and a law firm are examples of assets that may have to be divided as part of the divorce. In order to equitably distribute this type asset, its value must first be established. Since there is usually no readily available comparable sales data to consult in reaching an estimate of value, other methodologies have been devised by accountants and courts to calculate value [...]

By Peter Paras|2017-03-03T22:37:04+00:00June 3rd, 2013|Equitable Distribution|Comments Off

Mediation And Arbitration

Often people confuse the concepts of mediation and arbitration. Both fall under the general heading of Alternate Dispute Resolution or ADR. ADR is a means by which to encourage and even facilitate a resolution of legal disputes outside the Court system. For a variety of reasons, not the least of which are an increase in the number of cases and a decline in the number of court personnel resulting from budgeting constraints, case backlogs are increasing at an alarming rate.In an effort to move disputes through the system faster, our [...]

By Peter Paras|2017-03-03T22:42:32+00:00May 3rd, 2013|Mediation And Arbitration|Comments Off

Annulment: Antediluvian Relic or Sleeping Giant

Annulment, like divorce, creates a statutory exit route from a marriage or civil union. However, that is where the similarity ends. A judgment for annulment creates the legal fiction that the marriage never existed and its record can be excised from the government registry. The focus, in annulment actions, is on establishing the cause of action, which, except under very limited circumstances, must be done by clear and convincing evidence. It is noteworthy that civil annulment and religious annulments are completely unrelated and it is not necessary to have [...]

By Bonnie Reiss|2017-05-17T22:04:42+00:00October 15th, 2009|Articles for Lawyers|Comments Off