New Jersey Lawyer Blog

Whose Ring Is It if a Couple Breaks up?

January 12, 2017 | by Aretsky Law Group

Recording star Mariah Carey’s Australian billionaire fiancé recently broke their engagement. One question immediately asked was, “What will happen to the 10-million-dollar engagement ring James Packer had given her?”

As of now, Mariah has refused to return it. Legally speaking, however, the answer is “that depends.” Although Mariah and James had discussed a prenuptial agreement, none had been signed. Without proof that the ring was an outright gift with “no strings attached,” whether or not the ring has to be given back depends upon the state whose laws will govern.

Engagement rings are generally considered by the courts to be conditional gifts. In other words, it is assumed that the ring is given with the expectation that a marriage will take place. However, laws regarding whether or not the ring must be returned if the giver wants it back after the couple breaks up vary from state to state.

Relocation with Children in New Jersey: When Divorce Agreement Modifications May Be Needed

January 10, 2017 | by Aretsky Law Group

Some Marital Settlement Agreements in divorce contain parental relocation provisions when there are children and child custody issues involved. Unless there is an inclusion about non-relocation or a specific exception referring to the reason the custodial parent wants to move out of New Jersey, a change in the divorce agreement may be needed. Of course, if the other parent agrees, then there is no problem. However, if the other parent does not consent to the relocation, a change in the agreement may need to be negotiated or the party wanting to relocate out of the state may have to obtain a court order allowing the provision to be ignored.

Recently, the Appellate Division of the Superior Court of New Jersey addressed such a situation in a divorce case referenced as Bisbing v. Bisbing.

Bisbing v. Bisbing: A New Jersey Case Study

Savings Component Can Be Considered When Determining Alimony

January 4, 2017 | by Aretsky Law Group

According to a decision published by the New Jersey Appellate Division in September 2016, a couple’s habit of saving regularly should be taken into consideration when determining alimony.

For many years, New Jersey case law has recognized that a savings component of alimony is sometimes necessary in order to protect the dependent spouse. Including enough in alimony so that the recipient can save some of the alimony each month, allows that spouse to build up a safety net in case the spousal support stops or decreases.

Lombardi v. Lombardi

Child-Support Payments in New Jersey – Direct Pay or Probation?

December 19, 2016 | by Aretsky Law Group

Direct Pay or Probation? What’s Best for You?

Child support is one of the most important issues to be decided in a divorce or legal separation. Once the calculations have been made, the custodial parent has to decide whether to have the payments go through the Probation Department or to receive them directly from the child’s other parent. Your first reaction might be to assume that direct payment is best. In most cases, however, it is in the recipient’s best interest to receive payments through probation.

The purpose of the Probation Department is to protect the child by doing all it can to ensure that the custodial parent receives the funds necessary to care for that child. That’s why the NJ family court judge will automatically order that payments be made through the Probation Department. It is up to the recipient to request direct payments.

What You Should Know about Divorce and Social Security Benefits

December 13, 2016 | by Aretsky Law Group

Are you nearing ten years of marriage and contemplating divorce? If so, you should be aware that the timing of your divorce can effect your future financial situation. Understanding how Social Security works—whether you are divorced or not—can help you make important decisions.

Social Security Benefits Based on Your Ex-Spouse’s Record

A divorced spouse collects half of his or her ex-spouse’s full retirement or disability benefit if at full retirement age.

Can I Stay in My House after My Divorce?

December 5, 2016 | by Aretsky Law Group

The Answer Is “Maybe.”

Many of the questions divorce lawyers hear from their clients have to do with where they will live during or after their divorce. This is not surprising because the marital home is often among a couple’s most valuable assets.

When the couple agrees on how the house should be handled, then the solution is easier. Often, however, the interests of the husband and wife differ.

Do You Suspect Your Spouse of Hiding Assets?

November 28, 2016 | by Aretsky Law Group

Do You Suspect Your Spouse of Hiding Assets? New Jersey divorce law calls for the complete disclosure of assets and liabilities, and hiding assets is illegal. If discovered, hiding assets carries strict penalties; nevertheless, some spouses—especially those with high income or assets—try to do just that. The most obvious reason for hiding assets is to pay less in alimony or child support. In addition to hiding assets, some also attempt to make their income appear less than it actually is in order to achieve the same goal.

Equitable Distribution State

New Jersey is an equitable distribution state. Under NJ divorce laws, marital property is divided by the court in a way that is equitable, or fair, to both parties. In order to determine what is fair, the court considers many factors, including the income, assets, and liabilities of each. When one of the spouses hides income or assets, the court’s ability to divide the property equitably is hindered.

Marcia K. Werner Honored as 2016 Professional Lawyer of the Year

November 21, 2016 | by Aretsky Law Group

marcia-werner-award-200x300 Marcia K. Werner of Aretsky Law Group, P.C., located in Hackensack, NJ, has been named Professional Lawyer of the Year for 2016 by the Bergen County Bar Association and the New Jersey Commission on Professionalism in the Law. This prestigious award is bestowed annually upon lawyers throughout the state whose “conduct, competence and demeanor set a positive example for others in the legal profession.” It is presented in the memory of the Honorable Peter Ciolino. The award is granted in memory of the distinguished jurist and attorney whose nearly 50-year career left an indelible impression on the legal profession in New Jersey. The award presentation dinner was held on October 20, 2016 at Seasons in Washington Township, New Jersey.

Ms. Werner received the Commission on Professionalism in the Law’s Professional Lawyer of the Year Award during a ceremony on November 3, 2016 at the Imperia in Somerset. N.J. The Commission bestows the Professional Lawyer of the Year award annually to one lawyer from each county bar association across the state, as well from each affinity bar association in the state.

Ms. Werner is widely respected, having served as President of the Bergen County Bar Foundation, as Vice-President of Women Lawyers in Bergen, and as a Trustee of the Bergen County Bar Association.

Thanksgiving Ideas for the Divorced Parent Sharing Custody

November 16, 2016 | by Aretsky Law Group

Thanksgiving Ideas for the Divorced Parent Sharing Custody Thanksgiving is a time for sharing! But you didn’t think you would be sharing your child!

Thanksgiving is traditionally a time for sharing. School children learn about the autumn feast celebrated by the Pilgrims and their Wampanoag neighbors in 1621. They may learn that beginning in 1817, individual states—starting with New York—began to adopt official annual Thanksgiving observances and that in 1863, in the middle of the American Civil War, President Lincoln proclaimed that Thanksgiving would be a national holiday. President Lincoln hoped it would be a day that all Americans would ask God to “heal the wounds of the nation.”

Today an important element of our Thanksgiving celebrations is the cooking and sharing of traditional meals with family and friends as well as showing generosity to those less fortunate. Yes, sharing is an integral aspect of the holiday, but you never counted on having to share your child!

Have You Been Falsely Accused of Domestic Violence?

November 11, 2016 | by Aretsky Law Group

Here Are Steps You Can Take!

Domestic violence is a serious crime. It affects families from all walks of life. Of course, victims of domestic abuse must be protected. On the other side of the coin, however, it is also true that there are victims of false accusations of abuse. Like victims of domestic abuse, they, too, must be protected.

What to Do if You Are Unjustly Accused