The term "final judgment of divorce" implies a sense of permanence, but the courts do recognize that divorce agreements may need to be changed, or modified under certain circumstances. For example, a spouse incurs a permanent injury and is reduced to working part time, making it difficult for him...
Although a final judgment should be the last step in a divorce, former spouses may continue to clash if one party refuses to comply with the order. In many cases, former spouses are resentful of having to pay high amounts of alimony or child support, or not having primary custody of the children....
A little-known topic in the field of divorce law is the pre-determination of issues that a couple will need to deal with in the future. Many of these issues pertain to custody and child support for couples with very young children. For example, parents with a toddler may decide to pre-arrange c...
The word “narcissist” is often used to describe someone who is vain or egotistical, but the truth is, most people do exhibit these qualities to some extent in their daily lives. What distinguishes narcissism from ordinary levels of selfishness are extreme symptoms of personality traits such as a...
Villani & DeLuca, PC is pleased to announce that partner, Vincent C. DeLuca, Esq., acted as a panelist for the Advanced Matrimonial Mediation Workshop held on November 126, 2019 at the New Jersey Law Center. The workshop aimed to teach practitioners the skills they need to effectively manage c...
If you're a parent who is paying child support, you're probably aware that child support terminates at 19 unless the child can show that he or she is not fully emancipated. For example, most children who are attending college still depend on their parents for college cost contributions. Along w...
There are many unwelcome notices one can be served with during a divorce, but an order to pay counsel fees for your spouse ranks pretty high on the list. This is perfectly fair in cases where the other party has no access to the marital finances. The other party may also have limited income sou...
Money is arguably the most contentious issue in any marriage, so it's only natural that it should take center stage in just about every divorce. Of course, it is imperative to settle your finances as soon as possible, in particular, your marital debts and liabilities. Unfortunately, some spouse...
Estate planning is an extremely important aspect of divorce, yet most people tend to forget about it until they are reminded by their attorneys. However, even those remember are not quite sure how to proceed, since their estate may consist of numerous complex assets such as co-owned properties,...
Grandparents undoubtedly have a tough road ahead of them when it comes to visitation rights. While parents have definitive rights to be in their children's lives, grandparents generally cannot go against the wishes of the parent. Even if they appeal to the courts, they will need to show compell...
The New Jersey family courts are typically generous when it comes to awarding supplemental support for educational purposes. The majority of education support cases are for college and graduate school, which is understandable since most professions nowadays require some form of post-secondary ed...
As you may be aware, alimony and child support amounts may be increased or decreased based on changed circumstances in the lives of the spouses or their children. One of the most common changed circumstances is a decrease in income, typically from being laid off or having one's hours reduced. I...
In this day and age, checking out an individual's social media accounts is often the best way to gather evidence against them. Even with their lawyers warning them not to post comments about their ex, avoid posting photos of your new girlfriend, etc., most people just can't resist the instant gr...
Custody decisions have come a long way since our parent's generation, when custody was often awarded to the parent who could out-lawyer the other. Thankfully, the New Jersey family courts have greatly evolved in their approach to a fair and balanced parenting plan that's in the child's best inte...
The breakup of an engagement is undoubtedly a sad event, but it's certainly preferable to a divorce. At that point, couples may have to negotiate “who gets what” for items that they've acquired together, but it's typically less complicated than a divorce settlement. Still, there are quite a num...
You may be wondering what the awarding of life insurance proceeds has to do with family law. In most cases, this would be an issue for the probate courts, but it's not that simple when the right to a portion of someone's estate is spelled out in a divorce agreement. In January of this year, the...
Willful abandonment is not as talked about as physical abuse or neglect, but sadly, it's a much more common occurrence of abuse than we'd like to believe. Per the law, it refers to a parent's willful choice to have no contact with his or her child. Lack of contact may be shown through various b...
A child support obligation covers a wide array of expenses related to a child's care and well-being. These expenses include basics, like food, shelter, clothing and transportation, along with unreimbursed medical expenses up to $250 per child. It seems pretty obvious what should be included und...
Articles on restraining orders typically focus on intimate partners, but New Jersey's Prevention of Domestic Violence Act applies to all individuals who are, or were members of the same household. This definition allows victims to seek legal protection from people such as relatives and roommates...
Most people know very little about alimony and child support other than the fact they are systematic payments intended for the financial support of a former spouse and one's children. Furthermore, even those who have been paying or receiving support for years have misconceptions about the durati...
The term “motion in limine” refers to a legal action prior to a trial in both the civil and criminal settings. A limine motion is a request for the court to make legal determinations about specific evidence, which may result in the dismissal of the litigation. Unfortunately, limine motions are ...
In the criminal justice system, charges are often dropped prior to the trial for a variety of reasons. In some cases, the victim decides he or she no longer wishes to press charges, which is very common between spouses and intimate partners. In many cases, the prosecutor will move forward with ...
The turn of the 21st century brought about progressive changes in the way we view stay at home moms and dads, particularly the ones who gave up exciting or lucrative careers. In fact, making the choice to stay home was seen as empowering, considering the expectations placed on both men and women...
There seems to be no end to the methods that spouses come up with in order to manipulate a divorce to their advantage. These tactics often take place outside the courtroom, and the ones who suffer are the well- meaning individuals who want to make the process as private and efficient as possible...
The struggle to get the trial in motion is very real for many divorce litigants with manipulative or vengeful spouses. The frustration of dealing with repeated delays based on highly suspicious, or outright nonsensical excuses is enough to drive anyone up the walls. This abuse of the family cou...
As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.
