During the initial stages of a divorce action, whether at an initial client conference or early on in the process, I am invariably asked by a client whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Since many clients ask the same sorts of questions, I thought it made sense to write a blog post addressing some of the more commonly asked questions. I will highlight two or three of these questions in a series of blog posts over the next several months. Continue reading ›
Articles Posted in Divorce
War of the Roses: A Look at Rock Star’s Claim That He Was Never Married to His Spouse of 15 Years
I 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 ›
Divorce is No Laughing Matter – For Children
A new situation comedy is about to premier on HBO simply titled “Divorce” starring Sarah Jessica Parker, who also serves as an executive producer. We all know that divorce is a serious, life-altering event. Like many situation comedies that find humor in dysfunctional marriages or family situations, it is understandable why television would want to extend those notions to the divorce arena. While litigants may not see the humor of it, many times we as lawyers, looking at it from the outside, shake our head in disbelief of the types of things that otherwise good and reasonable people will do or say to try to get back at, or get one over on, their spouse, a person they used to love but now despise. Continue reading ›
Divorcing Spouses Need to Be Realistic About Potential Outcomes
As a divorce lawyer people come to me for advice. Of course they do; I am a Counselor at Law. My role is to advise, and I take that role seriously. The advice I try to give, most of the time, is factual law driven and considerate of outcomes that would be most likely to occur at a trial. I often tell my clients and potential clients that my role is explain the law and its possible affect on their lives . My advice is not usually given with the intent to change the law. Continue reading ›
Fight Club: What You Can Learn From Angelina Jolie’s and Brad Pitt’s Long Term Relationship With Short Marriage
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 of 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 ›
New Jersey Appellate Division Addresses Consideration of a Savings Component When Awarding Alimony
In the preface to Benjamin Franklin’s famous 1758 almanac he proclaimed: “A penny saved is a penny got.” In the parlance of our times, the quote has been more commonly used to stand for “a penny saved is a penny earned.” Whether or not Benjamin Franklin, a learned economist, meant that a penny saved, as opposed to reinvested, was in fact a penny earned is up for debate. On September 12, 2016, in the case of Lombardi-v-Lombardi, the New Jersey Appellate Division addressed the issue of how alimony should be calculated in a divorce case when the parties during the marriage historically saved money. Continue reading ›
Retroactive Unallocated Child Support Modification in Cases Involving More Than One Child
On August 9, 2016, the New Jersey Appellate Division Committee on Opinions approved for publication the Trial Court opinion of the Hon. L.R. Jones, J.S.C. in the case of Harrington-v-Harrington, in which the court analyzed the situation divorced families face when one of multiple children is emancipated and the effect that emancipation has on child support due on behalf of the unemancipated children. The Court held: Continue reading ›
Beyond Irreconcilable Differences — Marital Torts
When contemplating divorce many people fail to consider other causes of action that should be raised in a Complaint for Divorce and risk being barred from making a claim in the future. In addition to asserting one or more of the statutory grounds for divorce, such as irreconcilable differences, a Complaint for Divorce may contain tort claims, including those of marital tort. A marital tort encompasses various differences for which a complainant may seek monetary damages. Such torts may include being infected with a sexually transmitted disease by one’s spouse, physical assault and battery, marital rape, wrongful death, intentional infliction of emotional distress, false imprisonment, use of excessive force, defamation, wiretapping, battered women’s syndrome or attempted murder. Continue reading ›
New Jersey Supreme Court Addresses Workplace Discrimination in the Case of a Divorced Employee
Clearly the period of one’s separation and divorce is one of transition where one must adapt to a plethora of life changes, some within one’s control and some foisted upon one by the views and rules of others. Although statistics indicate that as many marriages end in divorce as end in death, there are still lingering prejudices about divorce and the people who are divorced or divorcing that can vary in their impact on one’s life from the vexatious to the life altering. Continue reading ›
New Jersey Appellate Division Vacates Trial Court’s Orders Denying Father Additional Visitation
The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.” On June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three years of continuous litigation, a father succeeded in having the trial court reconsider its prior order relating to additional visitation with his daughter. The protracted litigation began not long after the divorce complaint was filed on June 14, 2013. Continue reading ›