Villani & DeLuca Divorce Blogs

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You may have heard of the phrase “Ignorance of the law is not a reasonable defense”, which comes from the Latin phrase, Ignorancia juris not excusatt (“ignorance of the law excuses not).  This legal principle is mostly discussed in criminal proceedings, in which defendants are subject to specific...

One of the perks of having wealthy in-laws is the possibility of receiving generous gifts.  Depending on the parents' wealth, it's not unheard of for couples to be gifted luxury cars, real estate properties, or incredible amounts of cash.  This is all well and good while you're married, but what ...

While arbitration is not as talked about as mediation, it is a common method of divorce resolution throughout the U.S.  Arbitration certainly has its advantages: It's often faster and cheaper than going to trial.  You also get to set the rules on things like how long the arbitrator has to issue a...

The opportunity to travel overseas can be an extremely valuable experience, particularly for children with relatives or friends that live outside of the United States.  Because of the expense and time-consuming arrangements associated with overseas travel, most people plan for long trips, lasting...

Custody agreements spell out very specific terms for how and when non-custodial parents interact with their children, but the relationship between parent and child is never an exact science.  For example, a custody agreement dictates how many days per week, month or year a non-custodial parent ha...

There's no way to dispute that divorce attorneys are expensive, and even more so the longer your divorce goes on.  Most clients, however, recognize the value of an experienced attorney who understands the laws and court protocols that are essential to obtaining a fair settlement.  An attorney is ...

Back in May, the Morris County superior court ruled in favor of serving notice to a defendant via Facebook in the case of K.A. and K.I.A. v. J.L.  This case was a small, yet precedential victory for countless frustrated plaintiffs who are unable to locate defendants either in person, or by mail...

Beginning in 2012, Showtime aired two seasons of a controversial, yet undeniably fascinating reality show titled “Polyamory: Married & Dating.”  The show followed the lives of several polyamorous families of various arrangements as they navigated the challenges of living a lifestyle that many con...

Most information on the imputation of income during a divorce focuses on the income of the paying spouse, but the same rules apply to the spouse who is seeking support.  Spouses may need financial support for a variety of reasons, but one of the most common situations applies to individuals who l...

A divorce decree is the end of a marriage, but it may be the beginning of long-term financial obligations such as alimony and child support.  The amount of support may be modified throughout the lives of either party, depending on a change of circumstance such as job loss, disability and retireme...

Wanting to change your own surname after the divorce is understandable, but changing your child's name is a very different matter.  Most parents already feel guilty over putting their kids through a divorce, so the last thing they want to do is put their children through any more changes.  Then a...

As a divorced parent of a teen or adult child, you're probably aware that the family courts generally expect both parents to contribute to their children's college expenses.  These expenses include things like tuition, room and board, books and school supplies.  While paying for college does not ...

Regardless of the terminology, a final judgment of divorce is subject to modification in the event of certain circumstances in either spouse's life.  The majority of modification motions involve alimony and/or child support, which are directly affected by major changes in the lives of either spou...

Most divorce agreements contain exhaustive provisions for alimony and/or child support, but many of them fail to address the continuance of financial support in the event of the payor's untimely death.  For some reason, life insurance seems to slip through the cracks when spouses are contemplatin...

While each divorce has its own unique set of circumstances, getting from the divorce complaint to the final judgement is an incredibly time consuming process.  The general assumption is that divorces are resolved quickly if a couple has no children, no major properties or liabilities, and are abl...

In the days before universal internet usage, divorce litigants typically presented evidence in the forms of witnesses, documents, and cassette/ VHS recordings.  Nowadays, the availability of smartphones and mobile operating systems make it possible for us to do just about anything on cell phones,...

If not for her success on the ABC series “Modern Family”, actress Sophia Vergara's court battle with former fiance Nick Loeb over the fate of their frozen embryos would probably be as unremarkable as any other custody motion brought before the California courts.  From a legal perspective, however...

Within the New Jersey Courts system, the concept of a “psychological parent” may have originated the Supreme Court case of Sorentino v. Family & Children's Soc. of Elizabeth.  While this case applies specifically to the rights of the birth mother versus the rights of the foster parents, a psychol...

You've probably seen commercials for lending firms specializing in loans for people who are waiting for payouts from personal injury suits.  Lending firms, however, loan money for all sorts of litigation, including divorces.  It makes sense, considering that many spouses are in marriages where th...

You hate to admit it, but it's just not working out.  In spite of the honors by the state bar association and glowing references from previous clients, you and your attorney are just not meant to be.  The problem is, you're smack in the middle of your divorce, which seems like a bad time for an...

Yes, we're talking about that Tom Cruise – famous movie star and controversial poster child for Scientology.  Oh, and don't forget that he's the parent of 10 year old Suri Cruise, his daughter with ex-wife Katie Holmes.  This last part is of endless fascination to news and tabloid outlets, who se...

In 2013, an Orthodox Jewish woman named Gital Dodelson became a figure of controversy when she opened up to the New York Post about her husband's refusal to give her a “get”, a religious document required in order for the divorce to be recognized by the Orthodox Jewish community.  Dodelson was ...