Articles Posted in Marriage

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For attorneys and litigants alike, the legal fees attendant to the handling of a divorce matter are an important consideration. When it comes to legal fees, time is money. Because our Rules of Court prohibit the handling of divorce cases on a contingent fee basis, legal services are billed based upon the actual time spent working on the case at an hourly rate and charged against an initial retainer amount to be paid by the client. When prospective client asks how much in legal fees the divorce will cost, I explain that there are too many variables to give a precise estimate, including the number and complexity of the issues involved, the level to which those issues are contested, the reasonableness of the other spouse and/or attorney in regards to their positions, cooperation and/or course of conduct during the process, and the extent litigation or court involvement is needed to resolve those issues. Continue reading

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Summer is upon us. Summer brings with it holidays, family time, holiday preparations and expectations, and some stress brought on by kids being home for the summer.  The reality is thatcohdrankntmbstn7-300x256 families that have problems often argue and fight at holiday time. The summer is unkind to rocky relationships.    Continue reading

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This is another of a series of blog posts in which I will be highlighting some of the more commonly asked questions of divorcing clients as to whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Once again, the thoughts expressed in this blog post should not be construed as being in the nature of legal advice, but merely serves as an overview of things to consider if you are a client asking these questions or a lawyer confronted with how to respond to them. Now let’s get to my next two commonly asked questions. Continue reading

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SlashI was recently perusing a periodical and came across a story about a celebrity musician who was claiming he was never married to his wife of 15 years because of a known snafu in her earlier divorce paperwork. The headline stated “Slash claims he was never married to wife of 15 years”. (http://www.metro.us/entertainment/slash-claims-he-was-never-married-to-wife-of-15-years/zsJpjE—wsgif5AIi7dW6/). For those of you who don’t know, Slash, who’s legal name Saul Hudson (which better calls to mind the fictional character Saul Goodman of “Breaking Bad” and “Better Call Saul”),  is the prolific lead guitarist of the recently reformed rock group Guns N’ Roses.  Continue reading

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On September 20, 2016, the Internet was buzzing with reports of Angelina Jolie-Pitt filing for divorce from her long time partner of twelve years and husband of two years, Brad Pitt. The demise ofJoliePitt Angelina Jolie-Pitt’s and Brad Pitt’s two year marriage raises questions about the division of their assets in divorce. “The couple have six children together–and more than half a billion dollars worth in cumulative earnings,” according to Forbes.com. “Since their marriage in 2014, the duo have earned a combined $117.5 million before taxes and fees, per Forbes’ estimates. Continue reading

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Although I can recall having heard about similar stories in the past, a recent news story caught my eye in which a Lakewood, New Jersey couple had been sentenced in a plot to extort a divorce. They, along with others, were accused of involvement in a scheme involving the kidnap and/or assault of husbands in an effort to force them to agree to give their wives a Jewish divorce, or Get. Although in our practice, we deal with “civil” as opposed to “religious” divorces, the inter-relationship of the two occasionally comes up. The subject of this blog post is to briefly address how the family courts of this State have dealt with these sorts of issues, and some practical considerations of how to deal with them so as to avoid the extreme situation noted above. Continue reading

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During a custody dispute over children, if the parties cannot reach an agreement between themselves as to the custody and parenting time arrangement that serves the best interest of the child(ren) at issue, the Court will then be called upon to make that determination for them. The Court is required to make findings as to , and will apply the 15 statutory factors of N.J.S.A. 2A:9:2-4, among which are factors that include the “fitness of the parents”, the “parents’ ability to agree, community and cooperate in matters relating to the child”, the “needs of the child”, and the “stability of the home environment offered”.   Continue reading

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The media remains abuzz on reports that the website, Ashley Madison, was the target of cyberhacking. For those who may not be aware, Ashley Madison is known as the leading website for persons looking to have an affair. It’s slogan is: “Life is short. Have an affair”. Continue reading

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One hundred and fifty two years ago, over the course of July 1-3rd 1863, the armies of the Union and Confederacy met in the sleepy town of Gettysburg, Pennsylvania and engaged in the largest military battle ever fought on the United States soil.  The Union’s victory at the Battle of Gettysburg and General Robert E. Lee’s retreat of the Army of Northern Virginia back south, under cover darkness on the evening of July 4, 1863 is often referred to as the turning point of the Civil War and the beginning of the end for the Confederate States of America.   Continue reading

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In a landmark decision issued today in the matter of Obergefell v. Hodges, Director, Ohio Department of Health, et. al., the United States Supreme Court ruled, in a 5-4 decision, that states must (a) no longer prohibit same-sex couples from marrying, and (b) must recognize same-sex marriages validly entered into.  Continue reading