Villani & DeLuca Divorce Blogs

In this age of Twitter speak and keyboard warriors, speaking ill of others is often celebrated, rather than frowned upon.  Social media comments, for example, are posted and reposted until they go viral. 

Dating before the finalization of a divorce is probably a bad idea in theory.  In practice, however, many divorces take months, sometimes even years to resolve.  In addition, many couples have been disconnected from each other physically and emotionally by the time they file for divorce.  

In a perfect world, all divorced families would coexist in a separate but equal arrangement known as joint custody.  However, a joint custody plan is highly impractical for many families, based on the demands placed on each parent by his or her job, personal obligations, financial constraints etc.,

Unlike criminal defendants, family court litigants are not guaranteed the right to counsel, which means that they have the choice of hiring an attorney, or representing themselves.  The act of representing yourself in a court proceeding is known as “pro se”

Under New Jersey laws, domestic violence is defined as abuse against a current or former intimate partner, or members of the same household who are at least 18 years old.  Abuse against anyone under 18 is defined as child abuse

You're almost at the finish line.  After months, maybe even years or struggling with an uncooperative spouse, you are finally granted a default hearing.

Fraudulent transfers of money and properties usually happens right before or during a divorce, when greedy or vindictive individuals attempt to cheat their spouses out of their fair share of the marital assets.  However, fraudulent conveyance can happen after the divorce judgment.

There are some legal proposals that never go away, although they may be forgotten for years at a time.  One issue that comes up now and again is the idea of a domestic violence registry, similar to the sex offenders registry that came about as a result of Megan's Law. 

Cell phones have come a long way since the Motorola DynaTac of the 1980s, a 14 inch, brick-like device weighing almost 2.5 pounds.  These days, it's virtually impossible to imagine life without the functionalities of a smartphone.  Therefore, it makes sense that evidence to support one's case can be there.

New Jersey's court rules provide a set of reasons under which a final judgment of divorce may be vacated, including the all-too subjective reason (f): “Any other reason justifying relief from the operation of the Judgment or Order.”  The wording seems to invite all kinds of arguments.

In New Jersey, divorces are filed as either "fault" or "no-fault", based on the circumstances within the marriage. Fault divorces must be based on one of the following grounds: adultery, extreme cruelty, or desertion. If none of these circumstances apply, spouses can file a no-fault divorce.

Mediation is a non-litigation divorce method for spouses who wish to avoid the cost and stress of going to court. In some cases, couples are ordered to attend mediation by the courts before requesting a court date. Couples can also attempt mediation voluntarily upon filing the divorce complaint b...

Divorces in New Jersey are filed as "fault" or "no-fault", depending on the circumstances. Fault-based divorces are based on grounds of misconduct, which include adultery, desertion and extreme cruelty.

In New Jersey, divorcing couples who cannot come to an agreement may need to present their case at a formal hearing. However, the courts present couples with numerous methods to settle their differences before going to trial. These methods include the Matrimonial Early Settlement Panel (MESP)

While nobody truly wins in a divorce, cases that go to trial must be ruled in favor of one party over another. It's hard to know how a judge will rule in any particular case, but it's fair to say that there are less "absolutes" in a divorce litigation compared to a criminal trial.

If you are just starting the divorce process, you may have come across a document called the "Case Information Statement". Also known as a CIS, this document is filed as part of a civil complaint in many court systems throughout the United States. In the case of divorce, a CIS is filed by spouses

Most people plan ahead for many of life's disasters, but the truth is, not enough people prepare for the end of a marriage. After all, marriage is traditionally viewed as a life-long commitment, so the idea of preparing for divorce seems distasteful. Life, however, brings on many changes, and abo...

While a final judgment of divorce cuts off all marital ties, it does not necessarily mean that you are free from the responsibilities that you shared with your spouse during the marriage.  One of the most aggravating issues to resolve in a divorce are debts, especially in the forms of credit card.

Even if you have little to no experience with the justice system, you probably have at least some understanding of “hearsay”, which is a legal term used to describe out-of-court statements that cannot be used as evidence in a case.  A good example of hearsay is a statement that a witness alleges ...

Whether we like to admit it or not, most of us have “timed” our breakups around holidays, anniversaries or other special occasions.  There are also cases where an individual delays the inevitable out of respect a partner who is undergoing a stressful or tragic event.  

Thanksgiving kicks off the start of the winter holiday season, which is a stressful time for just about anyone.  It's especially stressful for divorced or divorcing parents, who often clash over where the kids will spend which holidays, or even how many hours of each holiday each parent will have.

The New Jersey family court's policy on the suspension of child support payments as a result of incarceration is defined by two seminal cases: Halliwell v. Halliwell (1999) and Kuron v. Hamilton (2000).  In Halliwell, the defendant was granted a suspension of child support payments

Retirement has long been a qualifying reason for alimony modifications, but the 2014 amended alimony statute brought about some notable changes.  The most dramatic of these changes has to do with the burden of proof, which prior to the amendments, was on the obligor.

The majority of divorced parents are happy to make reasonable contributions to their children's college education.  It does, however, seem unfair to continue paying for an education that your child clearly doesn't appreciate.  There's also the possibility that your child is not a good fit for col...

Many divorces take much longer than most couples expect, even if they're on good terms and work together to resolve their differences. One of the reasons for why divorces take so long is that New Jersey imposes a mandatory waiting period on most types of divorces.