New Jersey Lawyer Blog

Does Your Ex-Spouse Have a New “Significant Other”? What Constitutes Cohabitation?

June 23, 2016 | by Aretsky Law Group

cohabitation in new jersey Once alimony is determined by the Court, changing it requires a change in circumstances. One circumstance that is often cited as a reason to reduce or eliminate alimony is cohabitation. The New Jersey Alimony Reform Act, which became law in 2014, clarified the definition of “cohabitation.” A few recent cases have brought this issue into the limelight.

Under the law, there are 8 factors that a judge should consider if a payor has asked for a modification of alimony based on the cohabitation of his ex-spouse:

joint bank accounts and other intermingled finances

Can You Protect Your Adult Child in an Emergency?

June 15, 2016 | by Aretsky Law Group

Documents Your Adult Child Should Sign Before Leaving for College

Strange as it might seem, once your child turns eighteen, he or she is considered an adult and as an adult is afforded the same rights to privacy as you! That’s fine under most circumstances, but what if your child falls ill or is injured while away at school? Or even if close by but unable to authorize physicians to discuss his or her condition with you?

If your child becomes ill or injured, important medical and financial decisions will have to be made. Unless you and your child have prepared for this possibility, you may not be able to help.

Divorced Dads and Father’s Day

June 8, 2016 | by Aretsky Law Group

divorced dads and fathers day On June 19, 2016, Father’s Day will be celebrated by fathers throughout New Jersey. Most divorce agreements state that Father’s Day will be included in the father’s parenting time. For many divorced dads, however, this will be a bittersweet day. As much as they enjoy spending the day with their children, they are saddened that their time together is limited.

Parenting Time

For many years mothers were routinely awarded sole residential custody of their children except in extreme situations, such as violence or abuse. Recently, however, New Jersey courts have begun to consider fathers’ rights to be on a par with mothers’ rights. More and more frequently they have ruled in favor of joint residential custody when requested by the father.

Tri-Parenting – A Growing Trend?

June 1, 2016 | by Aretsky Law Group

Changing Views Regarding a “Typical Family”

The Mirriam-Webster Dictionary defines a family as “the basic unit in society traditionally consisting of two parents rearing their children.” Sociologists define it as a group that society recognizes as being connected to one another by blood, marriage, or adoption; its members are tied to one another emotionally and they provide for each other’s well being.

Our ideas regarding the make-up of a typical American family have changed over the last few decades. Not that long ago, the traditional American family was thought to comprise a mother, a father, and their children. Today single-parent families as well as “cohabitation” families, in which the parents do not marry, have become quite common.

The Unique Concerns of a “Gray Divorce”

May 25, 2016 | by Aretsky Law Group

Despite the fact that the overall divorce rate has declined in recent years, the rate of divorce for those 50 and over has doubled, with the rate for those 65 and over even higher. These breakups have become known as “Gray Divorce.” There are several factors that help account for this increase.

Baby Boomers

Many of these couples are so-called baby boomers; they married at a time when divorce was on the rise. This, coupled with the fact that people in remarriages are more likely to divorce than those in first marriages, may be one of the factors leading to the increase.

Helping Children Handle Difficult Mother’s Day Celebrations

May 5, 2016 | by Aretsky Law Group

diverse family units Mother’s Day can be a source of difficulty for many children—especially young ones. Every year Mother’s Day is celebrated and promoted across the nation, including in the curriculums of preschools; elementary schools; and other community groups. But what about children who do not have a mother who plays a role in their life? Or those who have two mothers, two fathers, grandparents raising them or another family situation?

The list of variations can go on as we recognize the changes and diversity of family structures:

• Children whose mother has died or is seriously ill.

Law Day 2016 Observed in New Jersey Schools

April 28, 2016 | by Aretsky Law Group

aretsky attorney natalie esposito capano Aretsky Law Group is honored that one of its dedicated attorneys, Natalie Esposito Capano, will be volunteering her time and expertise to neighboring New Jersey schools as a way to encourage this year’s observance of Law Day. Law Day is not a government holiday, but beginning in 1958, the first of May has been officially declared Law Day by every President of the United States.

On May 2nd, Ms. Capano will speak to various groups of students at Brookside School in Allendale, NJ, as well as with justice-studies students at Montclair State University. The subject of both presentations will be Miranda: Not Just Words, which is the theme of Law Day 2016. It was selected to commemorate the 50th anniversary of the Supreme Court decision that resulted in the requirement that law enforcement officials warn those in custody of their rights.

Ms. Capano was quoted in the press release as saying, “Nothing is more important than our kids and their education. I am honored to speak to the students and provide information which will not only help my own children but also bring value to all children in our district. Taking part in Law Day observances offers me a way to share my knowledge and give back to my community.”

More & Quicker Options with Amendment to New Jersey’s Expungement Law

April 25, 2016 | by Aretsky Law Group

expunging records On April 18, 2016, the law signed by Governor Christie in January went into effect. It amends New Jersey’s Expungement Law, making it easier for nonviolent ex-offenders to clear their records.

Definition of Expungement

“Expungement” is defined in New Jersey law as “the extraction and isolation of all records on file…within the criminal justice system.” In simpler terms, it means that the offense is treated for the most part as if it never happened. Even more importantly, you are legally allowed to state that the arrest or conviction never took place.

Law Day 2016 – 50th Observance of Your Miranda Rights

April 11, 2016 | by Aretsky Law Group

lawday-300x150 What is Law Day? Law Day is observed in many communities throughout the United States as a day to appreciate our American heritage of liberty, justice and equality under the law. It is a day to reflect on the importance of the rule of law in our society and to reflect on how fortunate we are to live in a nation that affords us the rights and protections under those laws. This 2016 year, Law Day will focus its theme on our “Miranda” Rights.

Law Day is not a holiday; it is an observance. Banks, post offices, and government offices do not close. Neither do schools. In fact, many Law Day activities focus on education. We see yearly writing contests, art contests, and other competitions and activities centered around the theme of the law for that year. Special Law Day programs are also held. An example is the one sponsored yearly by the Superior Court of New Jersey, Essex Vicinage. Some school districts invite attorneys to their classrooms to discuss their particular area of expertise: Criminal Law, Domestic Violence issues or other Family Law matters, etc.

The first Law Day was observed on May 1, 1958. It was proclaimed by President Eisenhower to celebrate our legal system and honor the importance of the rule of law in the founding of our nation. Three years later–in April 1961—the United States Congress passed a joint resolution recognizing May 1 as Law Day.

Tax Filing Questions and the Newly or Soon-to-Be Divorced

April 1, 2016 | by Aretsky Law Group

Common Tax Filing Questions in Times of Divorce For most of us, income tax season is a stressful time and this 2015 tax reporting time is no exception! The task of filing your return can seem even more daunting when divorce is involved. If you are newly divorced or in the process of finalizing your divorce settlement, it is crucial that you understand the tax implications of the decisions you make both in the creation of your divorce agreement and in the filing of your tax return.

There are many questions that must be considered. Here are 6 common tax filing questions that may impact divorced, separated or soon-to-be-divorced couples:

What is the appropriate filing status?