There are countless articles focused on how to choose a good divorce attorney, but rules of professional and personal conduct apply to all the parties that are involved in a divorce. Although divorce attorneys are expected to put up with a lot, some clients engage in outright manipulative or bul...
Although incarceration for failure to pay child support is a last resort for most judges, it is still a very real penalty for failing to meet your child support obligations. The possibility of sentencing someone to jail for a civil offense brings up an interesting legal dilemma: Is a defendant i...
On September 10, 2014, Governor Christie signed the New Jersey Family Collaborative Law Act, which allows parties to resolve family disputes in “...a voluntary, non-adversarial manner, without court intervention…” The process is done with the help of independent counsels, i.e., family law attorn...
Working out custody and visitation terms can be a frustrating and time-consuming experience. However, it's worth it to work out an arrangement among yourselves, since any form of court intervention is expensive, as well as emotionally taxing on your children. If, however, your divorce involves ex...
If you have decided that it's best to end your marriage, you may be wondering how long you should wait before filing for divorce. Depending on your situation, there may be a mandatory waiting period before you can file a complaint. For example, a "no fault" divorce can only be filed after you and...
Testifying in court can be a nerve-wracking experience, especially when you are directly involved in the case. Your fears may be intensified if this is your first time in court, or you have trouble speaking in public. Even if you are a good speaker, the idea of giving sworn testimony in court can...
The expression, "The first step is always the hardest," applies to many challenges we face throughout our lives, including the end of a marriage. Regardless of who wants to end the marriage, or the reasons for why it needs to end, taking the first step towards divorce is never easy. In addition t...
If you are involved in a contentious divorce, you may be in the process of gathering evidence for a divorce hearing. This evidence may include photos, voicemails, video footage and financial statements. You may also have come across suspicious or incriminating emails, chat logs and computer files...
Divorce is defined as the legal dissolution of marriage, resulting in the cancellation or reorganization of each spouse's martial duties. For your children, however, divorce is also the dissolution of life as they know it. Among the many changes they have to deal with is the fact that one parent ...
The decision to divorce is followed by many life changes, which can be extremely difficult for children to accept. The biggest struggle for most kids is the idea of splitting their time between two parents and two households. This struggle is intensified when children are consciously or subconsci...
The average person faces numerous legal dilemmas throughout their life, usually about minor things such as traffic tickets and ordinance violations. Divorce, on the other hand, is one of the most serious legal actions you will ever undertake. There are many practical issues to think about: child ...
The wide-spread use of social media has made it easier than ever for family, friends and like-minded individuals to connect through a wide range of electronic devices. While the ability to communicate instantaneously with others has many positives, it also makes it easier to get in trouble in your divorce
Many people seeking a fresh start after divorce consider the idea of moving. The benefits of moving include being closer to family, having more career options, and living in a new setting without painful memories.
No one wants to get involved in a prolonged, messy divorce, but there are situations where fighting for your rights requires going to trial. For example, cases involving sensitive situations such as domestic violence or drug abuse often involve spouses who are not on speaking terms.
Individuals who file for divorce quickly'realize that the family courts are vas y different from the municipal courts. Because of the intensely personal nature of divorce, the family courts are governed by many rules that are not applicable in other court systems.
In New Jersey, calculations for child support are based on numerous factors, including the number of children, percentage of parenting time, and each parent's gross taxable income. These factors are plugged into a formula set by New Jersey Courts Rule 5:6A,
Parental alienation is not a term that's used often, but it goes on in many households throughout New Jersey. In fact, you probably know at least one family in which one parent constantly attempts to make the other parent look bad in the eyes of their children.
In New Jersey, the terms for child custody and visitation are outlined in a parenting plan. Whenever possible, couples should work out a parenting plan on their own, through private methods such as mediation. Certain couples, however, may not be on speaking terms
According to New Jersey law, an engagement ring is a "conditional gift", meaning that it can be revoked if the recipient fails to fulfill the attached condition, which in this case is marriage. This means that you have a legal right to demand the ring back if the engagement falls through.
If you are experiencing domestic abuse at the hands of your spouse, you may be wondering what measures you can take to protect yourself. The question is easy to answer when the person is a stranger, but it's complicated when your abuser is a spouse with whom you share a household.
New Jersey family courts take a gender neutral stance when it comes to a parent's right to their children. This means that decisions pertaining to custody, visitation and child support are not based on whether a parent is male or female. Rather, it is based on objective factors such as the parent's gross income, their level of education and job skills, and their current relationship with the children. There is, however, a prevailing belief that the courts view mothers as better parents, since there is a long¬standing tradition of females being the main caretakers. It is understandable why people would feel this way, considering that women still put great pressure on themselves to be the perfect mother, even if they have busy careers. As a result, many women continue to take on the bulk of the child-rearing duties, even though many of their partners want to be more involved. If you are a father who hasn't been as involved in taking care of your children as your wife, you may be worried about whether you can get a fair shake in court. You may wonder, for example, whether the judge will automatically give primary custody to your spouse. If you and your spouse do not get along, you may be worried about her turning the children against you (in the form of parental alienation), or moving far away without giving notice. However, New Jersey law does contain provisions for these, and many other circumstances related to parental rights. In addition, none of the laws apply only to the mother or father because they are meant to protect the rights of both parents, while doing what is in the best interest of the children. The children's best interest is actually the most critical aspect of a custody and visitation plan. As a general rule, the courts believe that preserving the children's current way of life as much as possible is in their best interest. This means that if your spouse has taken on more or most of the childcare duties, then it may be in the children's best interest to live with her most of the time. This would not affect your legal custody, which pertains to your right to make decisions that affect your children's health and well-being. You also retain the right to have visitation, which typically includes overnight visits during the week. Furthermore, your spouse cannot prevent you from contacting your children via phone, email, etc., unless you are prohibited from doing so by court order. Your spouse is also forbidden from moving out of state with your children without written permission from you, or the court. For a full explanation of your parental rights, please speak with the family law attorneys of Villani & DeLuca, P.C. Our attorneys have the trial experience to fight for your rights in court, whether you're just beginning the divorce process, or feel that gender bias played a part in your divorce judgement.
Money is arguably the biggest source of stress in any marriage, but it's even more so in the case of divorce.
No one wants to face the prospect of looking for a new attorney when the re embroiled in a complicated divorce. After all, you've invested a lot of time and money with this person, and the idea of starting over with a stranger is frustrating, as well as frightening.
Just about anyone who's gone through a divorce will tell you that it's in your best interest to hire an attorney. Finding the right divorce lawyer, however, seems like a daunting task. It doesn't help that the state's divorce laws are so confusing.
Marital property refers to any property acquired by either spouse during the course of a marriage. Along with obvious items such as houses, cars, and bank accounts, marital property also includes marital debt
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) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.
