On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgment
dispute over deferred compensation paid to one spouse after the parties’ divorce. Continue reading ›
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 ›
It is well cited the significant extent that domestic violence is in this State and in this country. It has also
been in the news over the course of the last year or more the danger that police officers and the need for them to protect themselves on the job. How do we balance the need for officer protection, and the public interest in domestic violence victims, with citizens’ Constitutional rights? Continue reading ›
This is the year of miracles or nightmares depending on your perception of the world. The Cubs won the World Series, England voted to exit the European Union and Donald Trump was
elected President. In America there might be some heavy debate over the Cubs, less over England, but Trump! Trump and the related topic of Hillary and the downfall of America are hot topics of which everyone is an expert. The truth is our Union will survive even a sub par-Presidency; look at Jimmy Carter. Continue reading ›
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 ›
In a recently published decision by New Jersey’s Appellate Division in the matter of AMC v. PB, the appellate court overturned a trial court decision which denied a petitioner’s request for a Final
Restraining Order (FRO). The trial judge found that a FRO was not necessary because the Plaintiff had “failed to establish even a mere likelihood that the parties would continue to interact in the future” or that Defendant posed a threat to her. Continue reading ›
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 ›
The Presidential election is about a month away, and one of the major issues of this election has been immigration. Immigration is regulated under federal law, chiefly under the Immigration and
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Nationality Act (INA), enacted by the U.S. Congress in 1952, and the Immigration Reform and Control Act (IRCA), which was passed by the U.S. Congress in 1986 in an effort to curb illegal immigration. The U.S. Supreme Court has has almost universally overruled any state’s efforts to regulate immigration, not only based upon the Supremacy Clause of the U.S. Constitution, but also to ensure a national standard on immigration rather than various patchwork laws by the individual states. Family law, however, is an area that falls into the control of the individual state’s authority to legislate and govern. Continue reading ›
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 ›
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 ›
New Jersey Divorce and Family Lawyer Blog