New Jersey Lawyer Blog

Are There Seasonal Peaks in Divorce Filings?

November 8, 2016 | by Aretsky Law Group

Seasonal Peaks in Divorce Filings Research conducted by University of Washington sociologists suggests that there are.

Trending in the news are the results of a study conducted by associate professor at the University of Washington Julie Brines and doctoral candidate Brian Serafini. They presented their findings at the Annual Meeting of the American Sociological Association in Seattle, Washington.

The study was based on statistics regarding the number of filings in the state of Washington from 2001 and 2015. Two of the 39 counties were not included because divorce by mail is allowed in those states.

We’re Getting Divorced! What Will Happen to Our NJ Family Business?

November 3, 2016 | by Aretsky Law Group

We’re Getting Divorced! What Will Happen to Our NJ Family Business? Your marriage is ending. You are faced with the usual issues couples must deal with in a divorce: child custody, child support, parenting time, spousal support, and property distribution. To make matters worse, that property includes a business owned jointly by you and your spouse. The stress that normally accompanies a divorce is multiplied.

New Jersey is an equitable distribution state. That means that marital property is divided equitably, or fairly. The division may or may not be equal.

Marital Property

Cubs World Series Tickets Become Issue in Divorce Case

October 31, 2016 | by Aretsky Law Group

Property distribution NJ divorce

The Associated Press has reported that the wife in an Illinois divorce case—Nancy Riddle v. John Riddle—filed an emergency petition with the court. What was the emergency? The emergency was that her soon-to-be ex-husband had tickets to the Chicago Cubs against the Cleveland Indians in Game 5 of the World Series. He planned to take their 12-year-old son to the game. Both John and Nancy were loyal Cubs fans.

Nancy Riddle held that the situation was an emergency because the Cubs had not taken part in a World Series in 71 years, and if she did not get to see them now, it was likely that she would never have another opportunity.

I Love You and Want to Marry You! Now Sign Here!

October 28, 2016 | by Aretsky Law Group

NJ prenuptial agreement He’s asked for your hand in marriage and has professed his undying love! Dreams of wedding gowns and floral bouquets dance in your head. Then he breaks the news—he wants you to sign a prenuptial agreement.

Your first instinct might be to say, “I thought you loved me!” But you then try to see things from his point of view.

Most couples, when they say, “I do,” believe that their marriage will last “till death do them part.” The reality is, however, that in spite of the divorce rate leveling off, many marriages will end in divorce.

Your Ex-Spouse Accepts a Lower-Paying Job! Now What?

October 24, 2016 | by Aretsky Law Group

Alimony Modification in New Jersey

Suppose that for the past three years you have been receiving a certain amount per week in alimony. Next suppose that your ex-husband loses the job he held for twelve years. Further assume that he accepts a lower-paying job.

Now imagine that you are the one who has been making the payments. You lost a job that you held for years and after a difficult search, you are offered a job that pays a lot less than you had been earning. You might feel as though you are in a no-win situation. If you accept the lower-paying job, you may be criticized for not trying harder to get a job more comparable to your previous one. On the other hand, if you refuse that job and do not get another offer of employment in a timely manner, you might be admonished for not accepting the first opportunity.

Do You Need a Cohabitation Agreement in New Jersey?

October 17, 2016 | by Aretsky Law Group

Do You Need a Cohabitation Agreement in New Jersey? You have probably heard the terms “common law marriage” and “palimony.” A common law marriage is one in which two people live together for a long time without the formality of a marriage license, a wedding ceremony, or a marriage certificate. The pair present themselves to the public as a married couple. Palimony is an informal name given as spousal support to one of the parties when such a relationship dissolves.

Some states recognize common law marriage. In those states, couples in this type of arrangement are afforded many of the same benefits as those in traditional marriages. What you might not know is that New Jersey is not among those states.

Rise of Cohabitation

Is Ex-Spouse Entitled to Share in $2,500,000 Bonus Earned Before Couple Married?

October 10, 2016 | by Aretsky Law Group

divorce equitable property distribution The Appellate Division of the New Jersey Supreme Court recently heard a dispute over a $2,500,000 post-divorce bonus. The couple, Bernice Aucoin-Thieme and Michael Thieme, had only been married for about 15 months at the time their divorce.

Question: Should the Years of Cohabitation Before Marriage Be Considered?

The Hudson County Superior Court had awarded Bernice $30,228 based on the short length of time of their marriage. Bernice believed she deserved $200,029.

Angelina Jolie Files for Divorce Citing “Irreconcilable Differences”

September 26, 2016 | by Aretsky Law Group

brang-300x225 On September 15, 2016, Angelina Jolie and Brad Pitt separated. Jolie filed for divorce two days later. The famous couple, called “Brangelina” by their fans, had been together since 2004 and married in 2014.

Jolie’s spokespersons have said that she is doing it for the “health of her family.” She has asked that she and her family be afforded privacy.

Pitt stated when asked how he felt about the situation by People magazine, “I am very saddened by this, but what matters most now is the well-being of our kids. I kindly ask the press to give them the space they deserve during this challenging time.”

Fault  and No-Fault Divorce in New Jersey

September 19, 2016 | by Aretsky Law Group

fault and no fault divorce in new jersey Until 2007 most divorce complaints were based on separation or extreme cruelty. The separation claim required the couple to live apart for 18 months before filing for divorce. The extreme cruelty complaint required the claimant to accuse the other spouse of specific acts of cruelty.

In 2007, however, a new statute went into effect. It added another no-fault claim in addition to that of separation—irreconcilable differences. With this change, a no-fault divorce was possible in New Jersey without the necessity of living apart before filing.

No-Fault Divorce in NJ

Do You Need an Attorney in Municipal Court?

September 13, 2016 | by Aretsky Law Group

municipal court attorney representation About 6 million of the 7 million cases that are heard each year in New Jersey courts are filed in Municipal Court. As the name would imply, these courts have limited jurisdiction; they usually involve violations that occurred within that municipality.

Classification of Crimes in New Jersey

You have probably heard the terms “felony” and “misdemeanor” when discussing serious and less serious crimes. In New Jersey, however, crimes are classified differently. More serious crimes are classified as indictable crimes; less serious crimes are called disorderly person offenses; and the least serious are called petty disorderly person offenses.