Over the past 20 years as a divorce lawyer, I have often been asked by clients, “I think I am over paying while I wait for this divorce to finally end.” During a divorce proceeding, it is common for a court to award support pendente lite. Essentially, this means that the court is granting a support award while the divorce matter is still pending. However, if one party petitions the court to have the support amount reduced during the litigation, the court will have to re-examine the original pendente lite award to determine its course of action. This was the case in the New Jersey Superior Court case of Mallamo v. Mallamo. Let’s explore. [Read more…] about What If I Am Overpaying In Support While My New Jersey Divorce Is Still Pending?
Archives for 2015
Texting, Harassment and New Jersey’s Prevention of Domestic Violence Act
As an attorney who has handled countless restraining order trials, it is my legal opinion that cell phones have been a true game-changer with respect to the landscape of New Jersey’s Prevention of Domestic Violence Act. As I and the experienced attorneys ay my law firm all embrace, cell phones can contain valuable evidence in the form of text messages, e-mails, and voice-mails that can make or break a vast majority of final restraining order trials. Still there are strict rules about evidence and whether it is admissible in a New Jersey Family Court and how evidence must be presented. The recent case of E.C. v. R.H. tackled the issue of how electronic information stored on cell phones should be presented in a court of law. [Read more…] about Texting, Harassment and New Jersey’s Prevention of Domestic Violence Act
Open Durational Alimony in New Jersey
Following the determination of an alimony amount, the courts determine who the payor is, and how long they will be expected to pay. After an alimony duration is set, there are situations that are considered exceptional by the court that may adjust the alimony duration. [Read more…] about Open Durational Alimony in New Jersey
New Jersey Marital Rape: A History and the Law Today
In my nearly twenty years as a New Jersey Divorce Attorney, I have had clients come to me raising issues of domestic violence. Of course, I have heard some horrific stories of abuse. However, I have had a number of client’s share with me that they are the victim of rape at the hands of their spouse. Needless to say, this takes a terrible situation to a whole new level. [Read more…] about New Jersey Marital Rape: A History and the Law Today
New Jersey Grounds For Divorce
Divorce proceedings in New Jersey are handled by the Superior Court of each county (Middlesex, Monmouth, Union, etc) and the procedures and forms are standard across the state. The process starts by filing a complaint for divorce. This legal document informs the court that one spouse would like to divorce the other. When filling out the complaint you must indicate the grounds (the reason why) on which you would like to divorce. Your decision could have consequences on how lengthy the divorce process is and how much work is required to complete it. Your options are grouped under two major headings: No-fault divorce and Fault based divorce. This decision can be made with the help of your attorney.
If Real Estate Is In My Name Alone, Does My Spouse Have A Claim To It If We Later Divorce?
As an attorney, I frequently handle divorce cases in which one (or both) spouses claim that certain property should be considered to be theirs alone. In turn, they feel the other spouse should have no claim on this property whatsoever. A common issue is the division of real estate. For example, if I own real property in my sole name before my marriage, my spouse would not have a claim to it upon our divorcing here in New Jersey (with some exceptions). However, if the real estate was purchased during the marriage using “marital funds,” then the divorce lawyer for my “ex” would have a successful argument that the property is now “in the pot” even if the property is in my name alone. These issues are extremely fact sensitive, as a judge of the Family Part, Superior Court of New Jersey, must look for many things such as the intent of the parties, credibility and other questions in order to make their final decision. A case decided last week Terry v. Terry, illustrates the significance appellate courts give to trial court fact-finding as well as a legal analysis of what property is exempt in a New Jersey divorce and what is not. [Read more…] about If Real Estate Is In My Name Alone, Does My Spouse Have A Claim To It If We Later Divorce?