Credit scores often take a beating right after divorce, and perhaps for many years after. This can make life tough for many divorced individuals when it comes time to secure valuable assets such as a car, home or education loans. If you are a parent who is having trouble making child support pa...
A domestic violence hearing is a juggling act between the victim's right to immediate protection, and the alleged attacker's right to be heard in a meaningful manner. New Jersey laws require that a hearing for a final restraining order (FRO) be granted within 10 days after the filing of the comp...
The distribution of government pensions as a result of divorce is an incredibly complicated process, requiring knowledge of both the state and federal laws. For military members, there may be additional considerations due to disability pay, which they may be receiving as part of their retirement...
There have been several major changes to the matrimonial laws in New Jersey within the past four years, including the Alimony Reform Act and the Premarital Agreement Act. The latest piece of matrimonial legislation signed into law by Governor Christie is the Termination of Child Support law, whic...
In spite of the extensive regulations under the Immigration and Nationality Act (INA), immigration is often referred to as a “broken system” that fails to live up to “our heritage as nation and a nation of immigrants”, according to former President Barack Obama. This broken system has resulted i...
The New Jersey courts encourage spouses to work out their differences through private methods whenever possible. These methods include mediation, arbitration and collaborative divorce, as well as the Early Settlement Program which is offered by the superior courts. As a general rule, judges do ...
The U.S. Constitution's Fourth Amendment prohibits the search and seizure of private property by law enforcement without a warrant. The requirement for a warrant signed by a judge applies to a wide array of properties including one's home, car and even cell phone. There is one exception to this...
Child support is an extremely serious legal obligation, to the point where just about any and all sources of income are eligible for the purpose of determining the support amount. The sad truth, however, is that child support is often difficult to enforce. It's basically up to the supported par...
Because divorce cases involve somewhat vague and subjective laws, coupled with circumstances that are unique to each marriage, they are notoriously difficult to try in court. Most couples do their best to avoid litigation, but it may be impossible for them to work in a cooperative manner. The cou...
As a general rule, hearsay statements are inadmissible in both the family and criminal courts, with very few exceptions. Hearsay is defined as out-of-court statements introduced to assert the truth of a particular matter. For example, a lawyer cannot ask a witness to repeat what someone said ab...
It's no secret that the New Jersey family courts have a very progressive view on a child's need for post-secondary education. More often than not, divorced parents are ordered to contribute to their children's college costs, and in many cases, even their graduate school expenses. Divorced paren...
Until recently, it was unclear whether the destruction of marital property could be considered a predicate act for criminal mischief, the intentional act of causing damage to another person's property. The obvious issue here is that a person is damaging property he or she jointly owns, while the...
It's fortunate when spouses remain friendly and live close to each other after the divorce, thereby allowing their children frequent and consistent contact with both parents. While many parents don't set limits on when their children see the other parent, specific terms are outlined in the divor...
Divorce brings about countless involuntary changes, but it's also a chance to make some deliberate, long-awaited changes that may have seemed selfish or impractical during the marriage. A career change, for example, may be something you've wanted for a long time. Perhaps you want to switch to a...
Perhaps it's the meaning people associate with “final”, but the idea of issuing a final restraining order against someone seems like a rather extreme legal action. In fact, many people still believe that restraining orders are generally for victims who have well-established relationships, such a...
Divorces in New Jersey are filed as “fault” or “no-fault”, depending on the grounds for dissolution. While many spouse file under no-fault for the sake of getting divorced as soon as possible, there are cases where a fault-based divorce is appropriate. Victims of domestic violence, for example,...
Passive-aggression refers to a pattern of indirect hostility or passive resistance, exhibited through behaviors such as stubbornness, procrastination, or deliberate failure to follow through on promises or requests. Everyone engages in these behaviors from time to time, but dealing with people i...
After divorce, it's not uncommon for one parent to move out-of-state in order to have a fresh start. Prior to the 1950s, child support orders were extremely difficult to enforce if an out-of-state parent deliberately chose not to pay. Enforcement procedures were established with the passing of ...
The 1982 case of Newburgh v. Arrigo established the right of children to seek financial support from their divorced parents for the purpose of a college education. Since then, the family courts have generally ruled in favor of the children, citing that financially capable parents should provide ...
While no divorcing spouse enjoys the prospect of paying support and dividing property, high net worth individuals are hit especially hard when it comes divorce judgments. Granted, a billionaire may not deserve a whole lot of sympathy, but most high net worth individuals make well under a million...
In New Jersey, child support is not automatically terminated when a child reaches the age of majority. Parents can file a termination request when the child turns 18, but child support is often continued for children who are attending college. Children who are unable to gain total independence ...
Obtaining evidence that is compelling, as well as legally admissible, is one of the most challenging aspects of any divorce trial. Some cases can be proven with documentation such as bank statements, police reports and text messages. Physical evidence, however, is not always available, especial...
The recent passing of the American Health Care Act (AHCA) has thrown many ACA participants for a loop, but then again, health care rights and requirements have always been a source of confusion for the American public. This is particularly true for individuals whose health plans cover their spou...
As part of their goal of protecting the child's best interests, the New Jersey family courts take cases of parental alienation very seriously. These cases typically involve one parent poisoning the child against the other parent through manipulative tactics such as lies and allegations of abuse....
Abortion became a constitutional right in 1973 with the U.S. Supreme Court's landmark decision in Roe v. Wade, but the Justices who ruled on that case could hardly have envisioned procedures such as In Vitro Fertilization. It's been estimated that there are approximately 5 million babies that ha...
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.
