New Jersey Family Lawyers Blog

HOW TO ASK THE COURT TO ENFORCE AN ORDER IN YOUR CASE

If you are contemplating a divorce or have some questions concerning divorce support that you are entitled to please call the divorce attorneys at Villani & DeLuca, P.C. to have any and all of your questions answered. In the event that you are going through a divorce with your children and you will be retaining custody of the children on a post divorce basis your spouse will be obligated by New Jersey law to pay you child support. Additionally, in the event that your spouse earns more money than you do, for instance as a result of your child care provider responsibilities, you may also be entitled to spousal support, i.e. alimony. Should you have any questions pertaining to divorce support, please contact the experienced attorneys at Villani & DeLuca, P.C. Partner, Vincent C. DeLuca has been certified by the Supreme Court as a Matrimonial Law Attorney. The divorce attorneys at Villani & DeLuca, P.C. have in excess of forty-five (45) years of aggregate experience handling any and all issues with respect to divorce and support. For further information, please view the family law section of the Villani & DeLuca, P.C. webstie at www.villanideluca.com. If you would like to schedule your free initial consultation, please contact us today at 732-892-9050.

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If in the event you wish to obtain a quick divorce it is quite conceivable that your divorce can be filed and finalized within a few weeks time. In order to achieve such a quick divorce it is absolutely essential that you have the cooperation of your spouse. It would help if you hire an experienced divorce attorney who knows how to expedite the divorce process. In order to achieve a quick divorce in Monmouth or Ocean County New Jersey, you will need to have a Complaint prepared and filed, as well as a Marital Settlement Agreement, prepared and signed. The divorce Courts in both Monmouth and Ocean County will be more than pleased to accommodate a quick divorce, especially since many divorces can be litigated for several years, clogging Judge's calandars.

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If you are contemplating a divorce or have some questions concerning divorce support that you are entitled to please call the divorce attorneys at Villani & DeLuca, P.C. to have any and all of your questions answered. In the event that you are going through a divorce with children and you will be retaining custody of the children on a post divorce basis your spouse will be obligated by New Jersey law to pay child support. Additionally, in the event that your spouse earns more money than you do, for instance as a result of your child care provider responsibilities, you may also be entitled to spousal support, i.e. alimony. Should you have any questions pertaining to divorce support, please contact the experienced attorneys at Villani & DeLuca, P.C.. Partner, Vincent C. DeLuca has been certified by the Supreme Court as a Matrimonial Law Attorney. The divorce attorneys at Villani & DeLuca, P.C. have in excess of forty-five (45) years of aggregate experience handling any and all issues with respect to marital divorce and support. For further information, please view the family law section of the Villani & DeLuca, P.C. webstie at www.villanideluca.com. If you would like to schedule your free initial consultation, please contact us today at 732-892-9050.

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In order to file for divorce you need to complete certain essential paperwork. The paperwork that is required to file for divorce consists of a Complaint setting forth the basis for the divorce filing, as well as various Affidavits and Certifications, delineating such things as your familiarity with alternate disputes mechanisms besides divorce litigation, such as divorce mediation. You also need to set forth, with specificity, all the applicable insurance coverage that you currently have in place, i.e. homeowners, health insurance, car insurance, etc. (the reason for this requirement is that the Court can ensure that no insurances that were in place at the time of the filing for divorce are not cancelled during the pendency of the divorce proceeding). The paperwork involved with a divorce filing can be complicated for a non-attorney litigant to complete or even an attorney who does not regularly practice family law. Should you wish to file for divorce, it would make sense to schedule a free consultation with an experienced divorce attorney who has achieved successful results throughout the Monmouth and Ocean County areas for quite some time. The divorce attorneys at Villani & DeLuca, P.C. will answer any and all of your questions pertaining to the divorce process, more particularly the requirements are in order to file for a divorce. Should you have any questions about the divorce process, please feel free to visit the Villani & DeLuca, P.C. website at www.villanideluca.com and schedule your free initial consultation at your convenience 732-892-9050.

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Attorney Vincent C. DeLuca provides divorce mediation services to divorcing couples throughout Ocean County, New Jersey. Mr. DeLuca will be happy to discuss with you all aspects of divorce mediation. Mr. DeLuca has been approved by the Supreme Court as an Economic Mediator. Mr. DeLuca has also been certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney. Mr. DeLuca has practiced family law and mediation while serving clients in Monmouth, Middlesex and Ocean County for approximately twenty (20) years. Without question, divorce lawyers agree that mediation is a better alternative than divorce litigation with regard to ending a marriage. Divorce mediation is preferable from a cost perspective and even more importantly it greatly reduces the level of hostility and stress that is typically associated with the divorce process. Mr. DeLuca conducts his divorce mediation sessions at his law office located at 703 Richmond Avenue in Point Pleasant Beach. Mr. DeLuca also offers evening mediation sessions, as he is aware that in today's tough economic times, it is quite common for both spouses to have full time jobs. Mr. DeLuca will answer any and all questions pertaining to the divorce mediation process, free of charge, prior to commencing the mediation. Typically he does not require an upfront retainer for a divorce mediation. You pay for the divorce mediation services as they are rendered. Mr. DeLuca is routinely appointed as an Economic Mediator for contested cases in the Monmouth and Ocean County Courts.

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In the event that you are contemplating a divorce or have any questions pertaining to how to obtain a divorce, it is strongly recommended that you contact an experienced divorce lawyer, so that you understand your rights and how the divorce process works. The best way for you to gain information on the divorce process is to schedule a consultation with an experienced, local divorce lawyer. Vincent C. DeLuca a partner in the Villani & DeLuca Law Firm has been practicing divorce law for approximately twenty (20) years. Mr. DeLuca's office is conveniently located in Point Pleasant Beach, New Jersey in the heart of Ocean County, New Jersey. Mr. DeLuca regularly appears in the Ocean County Divorce Courts. He has been certified by the Supreme Court as a Matrimonial Attorney, a distinction held by few Ocean County lawyers. Mr. DeLuca also has two (2) associates who work with him, who dedicate the entirety of their practice to divorce law. The divorce attorney's at Villani & DeLuca, P.C. offer a free initial consultation, wherein they will be happy to answer any and all questions you may have about how to divorce and the divorce process. Please call today to schedule your free initial consultation 732-892-9050.

Continue reading "HOW TO DIVORCE IN TOMS RIVER, BRICK TOWNSHIP, POINT PLEASANT, JACKSON, BARNEGAT" »

Today, divorce and multiple marriages are more common than ever before in Monmouth County, New Jersey . Even more common however is marital engagements that are "broken off" before the wedding ceremony ever occurs. Exact numbers and percentages of engagements that are cancelled are difficult to calculate as newly engaged couples do not file any paperwork with the State or Local Government. However, divorce lawyers and statisticians speculate that it is far higher.

A typical engagement is initiated by the giving of a diamond ring from a man to his future wife-to-be. When the engagement is broken off many wonder what becomes of the engagement ring. In many jurisdictions the court's follow the so called "fault" rule which posits that the ring's ownership is awarded to the party who did not unjustifiably break the engagement. This law is not followed in New Jersey, which instead uses the "conditional gift" theory, as articulated in Albanese v. Indelicato, 25 N.J. Misc. 144 (1947).

The court in Aronow v. Silver, 223 N.J. Super 344 (1987) provided further insight into New Jersey law governing engagement rings and the "conditional gift theory." In this case the engagement period was a turbulent one in which the future wife broke off the engagement on several occasions and returned the ring to the husband multiple times. Each party then blamed the other for the final break-up and claimed ownership of the ring, a condominium purchases in contemplation of marriage, and stock. Judge Haines found the "fault rule" of other States to be discriminatorily sexist and instead relied on the "conditional gift" theory. Under this law, the ring is returned to the intended husband on the basis that it was a gift conditioned upon the happening of the marriage. This was a condition implied by the law due to the symbolic nature of the ring that is regardless of fault. Therefore, New Jersey law is that if the engagement is broken the ring should be returned to the would be husband. It does not matter whether the engagement was broken off for the best reasons in the world. The important thing is that the gift was conditional and the condition was not fulfilled.

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In a recent survey conducted by the International Academy of Collaborative Professionals, clients were asked about their experience in the Collaborative Divorce process. Of little surprise to Collaborative Divorce Professionals was the extremely high satisfaction marks the majority of participants had reported in regards to how the divorce affected their relationships with their children
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Specifically, they were pleased with the relationships they had with their children following the collaborative process. The survey's results also demonstrated a high satisfaction with how the interests of their children were being served throughout the process. Further advantages to collaborative divorce included the clients ability to schedule meetings around their schedule, as opposed to the inflexible schedules of any trial court.

The respondents to the survey also liked the fact that the lawyers maintained respect for the client and their point of view. They liked how the lawyers listened to the client and explained matters to them in such a way as to make sense of the entire divorce process and its multiple stages. Interestingly, participants even seemed to be satisfied with the other spouse's attorney. Most importantly, the majority of collaborative clients would definitely recommend the collaborative process to another in need.

Continue reading "Collaborative Divorce in Monmouth County NJ and Collaborative Divorce in Ocean County NJ" »

In determining alimony in New Jersey, the Family Court Judge assigned to your case must evaluate two (2) important issues, first, what is the fair amount of the alimony and, second, the duration of the payments to be made. In making this determination, the Judge is required to consider thirteen (13) factors as set forth in the New Jersey Alimony Statute. These factors include, but are not limited to, the income level and health of the people involved, the duration of the marriage, parental responsibilities, etcetera. Every marriage is unique and each involves various factors that are not replicated in other cases. It is for this reason, that New Jersey has not adopted a formulaic approach to calculating alimony awards.

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Last year there were over thirty-one thousand (31,000) complaints for Divorce that were filed in the State of New Jersey. Amazing, there were only one hundred ninety-three (193) divorce Trials in the entire State last year. This number represents less than one-half ( ½ ) of one percent (1%) of all cases that were filed last year. This statistic is quite informative as the entire divorce litigation is a very adversarial process wherein the respective parties prepare financially, emotionally, and legally for litigation and a Trial. Despite all of this time and effort, trial rarely, if ever, actually takes place. It therefore makes much more sense to start resolving your problems amicably either through divorce mediation or by a collaborative divorce as opposed to divorce litigation.

Divorce litigation is terribly expensive. To spend what ultimately amounts to thousands, if not tens of thousands of dollars, in the preparation for a trial that will almost certainly not occur is a colossal waste of any family's hard earned assets. Clearly this money would be better spent on the children of the marriage or on the litigant's themselves. The benefits of divorce mediation or collaborative divorce is that nothing becomes finalized until both parties agree on the terms. Thus, it provides the divorcing party more control over the potential outcome of their divorce than if done through the court system. In a divorce litigation setting the Judge decides the issues in dispute and you are bound by that decision. From a cost prospective, many litigated divorces can cost in excess of $50,000.00. Most divorce mediations and collaborative divorce cases will cost a mere fraction of that amount of money.

Continue reading "DIVORCE IN NEW JERSEY, A SELF HELP GUIDE TO MAKING AN INFORMED DECISION" »

Often, clients interested in obtaining a collaborative divorce have the following questions:

•How much will my divorce cost?
•How many meetings will I have to attend prior to finalizing my divorce?
•What is the likelihood that my case will settle in the collaborative process?
•How long will my case take?

Recently the International Academy of Collaborative Professionals conducted extensive research regarding collaborative practice. These findings were recently published in the journal of the international academy of collaborative professionals, the findings were as follows:

• Fifty-eight percent (58%) of all husbands and fifty-nine percent (59%) of all wives involved in the collaborative case were between the age of forty (40) and fifty-four (54).
•Slightly more than three-quarter (3/4) of all clients had a four (4) year college education or higher
•Fifty-three percent (53%) of husbands earned one hundred thousand dollars ($100,000.00) or more
•The majority of collaborative cases where completed in eight (8) months or less.
•Eighty-six percent (86%) of all reported collaborative cases settled with an agreement on all issues.
•Ninety-six percent (96%) of all cases involved at least one (1) face to face meeting with both clients and the attorneys
•The average number of meetings to resolve a case are two (2), the meetings lasted on average only 2.5 hours each
•Twenty-one percent (21%) of cases reported having five (5) or more meetings with all core collaborative professionals in order to resolve the case.

The statistics gathered by the International Academy of Collaborative Professionals plainly indicate that the collaborative divorce model is extremely successful.

If you have any questions or are interested in obtaining a collaborative divorce, please contact the attorneys at Villani & DeLuca, P.C. Partner, Vincent C. DeLuca is one of the founding members of the Collaborative Law movement in the State of New Jersey. Call Vincent C. DeLuca today for your free initial consultation at 732-892-9050.

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The advent of Global Position System (GPS) tracking devices has already been a godsend for law enforcement, making it easier and safer for agents to link drug dealers to kingpins. Less widely publicized however is the use of such tracking devices by suspicious spouses in marriages were one or both parties are contemplating divorce or suspect their spouse of having an affair. As recently reported in the New York Times, today "anyone with $300... can buy a device no bigger than cigarette pack, attach it to a car without the driver's knowledge and watch the vehicle's travels-and stops-at home on laptop."

Sales of GPS tracker to individuals is growing fast, raising questions about privacy and the legal system. A recent U.S. Supreme Court case held that under the Fourth Amendment of the Constitution, placing a GPS tracker on a vehicle is a search. However, this ruling will likely only curb law enforcement's use of GPS tracking for the time being. Not considered by this ruling, however, and without any New Jersey laws to state otherwise is the legality of putting a GPS on a spouse's car, or hiring an investigator to do same. The consensus is that if the person placing it shares ownership of the car, as is typical in marriage, then it is legal. Ethical considerations aside, even if laws were enacted it could be argued that they would be of little deterrent value as there is little to stop jealous or suspicious spouses.

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WHAT DOES IT MEAN TO FORM BONDS AND BE A PSYCHOLOGICAL PARENT

Child custody can be one of the most important aspects of anyone's divorce. There are a variety of factors that can drastically influence the court's decision; one of which is bonding.

BONDING

Bonding is a unique relationship between the child and another that serves the need of feeling emotionally secure and safe. Children feel bonded when they believe the parent can be relied on to make them feel better. Equally important is an understanding of what bonding is not. It is not friendship, sociability, education, or even caretaking. Bonds are not replaceable or interchangeable. Furthermore, they take a very long time to develop because they depend on trust.

WHO IS LIKELY TO BE THE PSYCHOLOGICAL PARENT

Contra to most divorcing couples intuition, the caretaking parent is not automatically the psychological parent. While caretaking is typically the condition under which bonding occurs, it is not necessary on its own for bonding to form. If this were not the case, a child could be said to have a different psychological parent every school year as they meet new teachers, babysitters, or day care workers. In modern society where both parents often work, many children have caretakers other than their parents. While the relationships children have with these caretakers is very important, is does not by any means invoke the same sense of a trust that a bonding relationship creates.

Typically, the psychological parent is the one who consistently recognizes and understands the child's feelings, and responds with action that sensitively meet the child's needs. This is the parent who has deep empathy for the child. A relationship with this type of empathetic connection is called an "attuned relationship". Attunement makes the child feel safe and emotionally secure. Depending on the primary caretaker, they may or may not be the most attuned parent as other factors are determinative.
The ability to form an attuned relationship with a child is not a learned skill or teachable. Instead, it derives out of the parent's personality and sensitivity to the child's needs. Children are able to form multiple bonds, each bond providing different benefits. Still, the court cannot infer from the child having multiple bonds that custody can be changed from one to another without harm. Often, a mental health evaluation is needed it discover the specific nature of each bond and the benefits the child receives from it.

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Often, divorcing couples in Ocean and Monmouth County ask what the difference is between sole custody and joint custody of their child or children. This can be one of the most important aspects of your divorce, especially if the children of the marriage are of young age. In general, joint custody entails a common sense approach to decision-making regarding the children; recognizing the impracticality of constant judicial intervention in a micro managed fashion. Due to less judicial involvement, joint custody require a willingness by both parties to openly communicate and discuss issues.

More specifically, joint custody can be further classified as either 1) joint legal and joint physical custody or 2) joint legal custody with only one parent having primary residential custody. Legal custody refers to decision-making or authority in responsibility for making major decisions regarding the child's wellfare. With joint physical custody the children reside for specified periods of time with each of their parents. In joint legal and physical custody the children reside with each parent and each parent has an equal say in the decisions about the children. Common day-to-day decisions are made generally by the parent with whom the children reside with at the time.

According to NJSA 9:2-4, both parents are deemed to be equally charged with the care, education and maintenance of the children. While an award of joint custody typically affords deference to the primary parent in decision making, an award of sole custody to only one of the parents gives that parent the residential custody and power to make all day-to-day decisions, including major decisions concerning the children's health, education, and welfare.

It should be noted that custody determinations at trial are rarely overturned by Appellate Courts as the trial judge is in a far better position to make custody determinations based on witnesses' demeanor. If the trial judge's ruling is reversed it typically is due to the Appellate Court determining that there were insufficient factual findings for the trial judge to rule as he/she did.

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A recent study has demonstrated that divorce rates in New Jersey are lower than any state in the country, including those in the Bible Belt. Some experts suspect that the expenses involved in divorcing are an important factor in keeping people together in NJ, which has higher costs than most other states. In NJ, 6.1 men per 1,000 men and 6.0 men per 1,000 get divorced; whereas in the South the rates were 10.2 for men and 11.1 for women.

According to divorce experts, the South has higher divorce rates for several reasons; they tend to marry younger due to lower rates of college attendance, couples don't usually move in together while unwed, and birth control is more frowned upon which leads to shotgun marriages. An important statistic that is not to be overlooked however is that New Jersey also has the second-lowest marriage rates in the country at 14.8 for men and 13.3 for women. So although NJ has the lowest divorce rates, it is heavily influenced by its low marriage rates. Quite simply, people in New Jersey are more hesitant to enter and exit a marriage. Comparatively, the South's marriage rate is 20.3 and the West is 20.7.

Further insight is gleaned from the age of men and woman who decide to marry in NJ. While the median age for a woman's first marriage is 26.5 and 28.4 for men, in NJ people tend to wait longer as the median age for woman is 28, and 30.2 for men. Many are not so optimistic about New Jersey's divorce statistics as they believe it simply indicates that financial concerns force many to remain unhappily married in physically and emotionally abusive marriages.

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