Articles Posted in Divorce

By now, all year-end tax records have been received and people are busy preparing tax returns for filing by April 15. Earlier this year, changes were made to the tax code which could affect many people, especially those in the process of divorce.

On January 1 the American Taxpayer Relief Act (ATRA) was passed as a remedy to the “fiscal cliff” this county was facing, replacing the alternative solution, which included tax increases for middle-class Americans and widespread spending cuts. The ATRA, however, contains some provisions that could negatively impact those in the process of divorce. Two areas of most concern, according to a recent article on Forbes.com, are income changes and distribution of assets. (1)

When negotiating alimony payments, be aware that the ATRA increased the tax rate for those in the higher income brackets to 39.6% from 35%. The threshold for that bracket is taxable income in excess of $400,000 for a single filer. Alimony is considered taxable income so it is advisable to consider how any alimony award would affect your current tax situation before reaching agreement on these payments. In some cases, a lump sum settlement, which would be non-taxable for both parties, could be preferable to scheduled alimony payments. (1)

Newt Gingrich, Advance Directive Advocate (Photo credit: Mike Licht, NotionsCapital.com)

Although divorce can be a very emotional experience, keeping a clear head concerning certain practical matters can help to avoid additional heartache down the road. If, after reading the following, you need a Hunterdon County lawyer to assist you with any aspect of your divorce, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

Last Will and Testament

ch-ch-ch-ch-changes (Photo credit: Heather Quintal)

Although its origins date back to a time when women had few individual rights, the custom of women taking their husbands’ names at marriage is still popular. (1) It can be a symbol of unity as a couple starts their married life together. If the marriage fails, however, it can be a painful reminder. Resuming one’s maiden name following divorce is a common and relatively simple practice, but it is important to do it correctly in order to avoid difficulties down the road. If, after reading the following, you need the assistance of a Hunterdon County lawyer with a name change or any other aspect of divorce, contact the family law attorneys at The Rotolo Law Firm of Lebanon, N.J.

The process for changing your name is subject to both federal and individual state laws and, as such, can vary from state to state. Familiarizing yourself with the local laws can help simplify the process. (2)

Tax (Photo credit: 401K 2012)

When a couple faces divorce, the IRS and taxes are probably the last things on their mind. Divorce, however, carries tax implications that, if ignored, could cost you plenty down the line. The following covers a few basic facts you should be familiar with regarding taxes and your divorce. Because of the complicated nature of these areas, though, it is advisable to consult your financial advisor as well as a divorce attorney before taking actions. If you are a Hunterdon County resident seeking a divorce, the family law attorneys at The Rotolo Law Firm of Lebanon can be of assistance.

Essentially, there are two types of family support payments associated with divorce – alimony and child support – and both have different tax implications.

Your marriage failed. You are convinced there is no saving it. You want a divorce. The problem is you have no idea where your estranged spouse is, and the law requires you inform him or her of your intentions before a divorce is granted. Does this mean you are at a dead end? Not necessarily. Courts can grant divorces under such circumstances provided certain requirements are met. If you need assistance with a divorce in Hunterdon County, the family law attorneys at The Rotolo Law Firm of Lebanon can help.

Whether your spouse has abandoned you – in itself, grounds for a divorce – or you have been separated so long that you’ve lost touch, not knowing the whereabouts of an estranged spouse is not an unheard of situation. Specific requirements to obtain a divorce under these circumstances, known as divorce by default, vary from state to state. (1) There are, however, a few basic guidelines to follow.

The first step in all divorces is to file an application, or petition, for divorce with the court in the county in which you live. Usually when you file this petition, your estranged spouse is served with notice of your intentions. When your spouse’s whereabouts are unknown, you should request an affidavit for service by publication, or “substitute service of process.” This affidavit requests the court allow you to notify your estranged spouse through publication of a legal notice in the newspaper rather than in person. By filing this affidavit, you are telling the court, under oath, that you have no knowledge of the whereabouts of your spouse. (2)

English: Kris Humphries playing with the Dallas Mavericks (Photo credit: Wikipedia)

When the marriage of former NJ Nets player Kris Humphries and Kim Kardashian ended, Humphries sought an annulment over a divorce. (1) Both actions have essentially the same results – ending the union between a man and a woman – so what is the difference? If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

Both divorce and annulment are legal means to end a marriage. The major difference is an annulment states the marriage never existed; it is void in the eyes of the law due to circumstances that existed as the relationship formed. Divorce, on the other hand, recognizes that problems developed during the marriage causing the relationship to disintegrate beyond repair. (2)

Marriage (Photo credit: Lel4nd)

Did you know that even after divorce you still may be entitled to receive Social Security benefits based on your ex-spouse’s contributions? It’s an area many divorced couples may overlook, but one that can be crucial to your the financial well-being.

According to an article on iVillage.com, one in five women age 65 and older relies solely on Social Security for her income. Social Security benefits are based on contributions which, in turn, are based on income. Women’s benefits, the article noted, are generally lower than men’s by an average of about 25%, partly because women spend more time out of the workforce taking care of family commitments and partly because, in many industries, women continue to earn less than men. (1) This is one reason not to overlook spousal benefits even after the marriage ends.

For most people, a global positioning system — better known as a GPS — is a useful tool that can help keep them from getting lost, navigate detours, or find the quickest route between two points. These devices can also be used to track the movements of the vehicle in which it is installed. What if the device was installed without the knowledge of the vehicle’s operator? Would that constitute an invasion of privacy? Not necessarily according to New Jersey courts.

This question came to light in connection with a recent Gloucester County divorce case. In this case, the wife suspected her husband of having an extra-marital affair. She hired a private investigator to confirm her suspicions. At some point, the investigator suggested the wife consider putting a GPS device in one of the vehicles the couple owned together. She followed that advice and information obtained through the use of that device led to the discovery of the husband in the company of another woman. The husband sued the investigator for violation of his right to privacy. (1)

A New Jersey court found in favor of the defendants and that decision was upheld by the Appeals Court just last month. In hearing the case, the court found that there was no evidence that the device tracked the husband into secluded or private areas. (2) The husband’s vehicle was tracked on public roads and was in plain sight of public view. As such, the court ruled, there could be no reasonable expectation of privacy. Therefore, there was no invasion of privacy and no rights were violated. (1)

While entertainment news headlines these days may be full of celebrities and politicians calling it quits on their marriages, divorce is a big step for most couples no matter what problems they may be facing. There can be any number of reasons why a couple in domestic turmoil may not want to jump into divorce – at least not just yet. Among those reasons are financial situations, religious beliefs, insurance matters and even the hope that a little time apart could help mend the relationship. While many states recognize “legal separation” as a state between marriage and divorce, New Jersey does not. (1)

In New Jersey there is a proceeding on the books known as “divorce from bed and board.” This antiquated term refers to a marital state which is between living as husband and wife and divorce. During this time, the couple would enter into a Separation – or Marital Settlement – Agreement, which does much the same as a divorce agreement without permanently ending the marriage. (1)

Under a Separation Agreement, a couple decides and agrees on a number of issues such as how assets are to be distributed between them; whether or not support payments need to be made and, if so, how much; tax issues, such as who claims who as dependents; and custody matters, including visitation schedules and child support. (1)

It used to be couples embroiled in divorce battles would hire private investigators to collect evidence against each other. In this digital era, however, more people are relying on electronic means to snag their spouses in compromising situations. The ramifications of this are unclear.

In Rochester Hills, MI, a man is facing felony charges for allegedly hacking into his ex-wife’s computer to access her emails; if found guilty, he faces a prison term of up to five years. (1)

According to reports, Leon Walker is accused of using his ex-wife’s password to access her email, where he discovered alleged infidelities. Walker’s ex-wife, Clara, claims the computer was hers and the password that protected her account was kept secret. Walker counter-claimed that, although the two were divorced, they continued to share the same home and he had access to the computer. He further contended his ex-wife did not protect her passwords but kept them in a book beside the computer. (2)