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, as l...
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. Adultery, in particular, is taken very seriously, which is evident in the fact that it's the o...
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), a ...
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. Unlike criminal...
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. Thus, it stands to reason th...
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 for the durati...
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. Hence, the process would beg...
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. Even if you are filing on ground...
According to the New Jersey Child Support website, parents are responsible for providing the “financial, medical and emotional support a child needs to grow into a responsible adult.” These “needs” comprise a vast array of goods and services, such as food, clothing, shelter, childcare and health...
As with any other civil proceeding, a divorce trial generally results in one party receiving a more favorable settlement than the other. Judges carefully consider numerous factors, such as legal precedence, each spouse's financial circumstances and the child's best interests, in order to issue t...
Money, or lack thereof, is one of the most pressing issues for anyone going through a divorce. While most spouses nowadays have separate sources of income, most marriages involve numerous co-owned or combined assets such as savings accounts and investment portfolios. Depending on the state of t...
According to the Merriam-Webster dictionary, the term “unconscionable” means: 1) not guided or controlled by guidance; 2) shockingly unfair or unjust. In the context of family law, it's usually the second definition that's at the heart of most contentious divorce cases, especially those involvin...
One of the very first steps in any divorce proceeding is the submission of the marital finances through a form known as the Case Information Statement (CIS). This form is the precursor to the discovery process, during which spouses exchange any and all documents pertaining to their income, asset...
Filing a legal action in the jurisdiction of your legal residence is common knowledge, but the factors that determine a legal residence can be rather complicated in states like New Jersey. As one of the best states for education and job opportunities, New Jersey is home to a substantial populati...
Premarital agreements, known in other states as prenuptial agreements, are contracts between prospective spouses that define their rights and responsibilities in the event of a divorce. A premarital agreement covers a wide range of topics, including alimony and property division
The concept of "paternity" is defined as the state of being someone's father in a biological or legal sense. A child's paternity is typically noted on the birth certificate, but it can also be listed on a final decree of adoption issued by the county's Surrogate Court.
The divorce process puts many things on hold, but few things are as heart-rending as a pending adoption. It's no secret that adoptions are expensive and time-consuming; domestic adoptions cost around ten thousand dollars on average, with an average wait time of 1 to 3 years.
If you are a parent who is paying child support, you're probably well aware that child support doesn't automatically terminate when your child turns 18. In fact, New Jersey is one of the few states that doesn't state a specific age for when child support ends.
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.
