New Jersey Family Law Blog

Divorce Filings Rise Once the Holiday Season Ends

December 30, 2013 | Kearns Rotolo Law

New%20Year%27s%20divorce.jpg Even couples who are convinced their marriage is over hesitate to take the final steps toward divorce during the holiday season. Not wanting to disrupt their families during what is supposed to be a happy time, they put off the inevitable. For that reason, January has become the month in which the most divorce filings are recorded, earning it the name “divorce month.” ⁽¹⁾

Statistics say that half of all marriages end in divorce, but when considering that number, one must remember that statistics are merely estimations coupled with assumptions. ⁽²⁾ Still, the divorce rate in this country remains fairly high. Some people looking to end their marriage, however, prefer annulments over divorce. One reason is that a legal annulment can pave the way for a religious annulment down the road.

Alimony Reform Battle Continues in New Jersey

December 16, 2013 | Kearns Rotolo Law

The New Jersey Bar Association has joined the fight for alimony reform within the State. The problem, however, is that now two groups are fighting over whose proposed bill is better.

For over two years now, a group known as NJ Alimony Reform has sought to eliminate permanent alimony in the State. This group is now joined by the State Bar Association, which is also seeking to bring changes to the current laws regulating alimony payments, but the two groups are going about their goals differently, thus creating competition for lawmakers’ approval. ⁽¹⁾

New Bills Intended to Protect Teens from Megan’s Law and Internet Pitfalls

December 2, 2013 | Kearns Rotolo Law

When Megan’s Law was adopted in 1994 the purpose was to warn people of the potential dangers they may face from a convicted sex offender living in their immediate vicinity. Under the law, those convicted of certain sex crimes must enroll in a central registry which, in turn, would be made available over the internet. Those crimes which are subject to Megan’s Law requirements include sexual conduct that would damage the morals of a child, including sharing naked pictures of children.⁽¹⁾

Sexting is the act of messaging nude photos of yourself to others via your smart phone. Under Megan’s Law even teenagers who engage in sexting could be required to register as sex offenders, a label that could stay with them for life. Technically, even a person taking a naked photo of him or herself can be charged with possession of child pornography if they are underage. A new bill passed by a State Assembly committee last month would protect teens from being branded as sex offenders as the result of an impetuous act.⁽²⁾

National Adoption Day: Hoping to See Foster Children Find Their Forever Homes

November 18, 2013 | Kearns Rotolo Law

Saturday, November 23, is National Adoption Day. This will be the fourteenth year a day has been set aside to highlight the over 100,000 children waiting to be adopted out of the foster care system in this country.⁽¹⁾ That is only a fraction of the total number of children in foster care, estimated by the Department of Health and Human Services to be approximately 400,000, which includes children placed in the system on a temporary basis.⁽²⁾

The goal of National Adoption Day is to celebrated adoptive families, to see the adoption of as many foster children as possible finalized, and to build a stronger relationship between those agencies imperative to the adoption process – courts, adoption agencies and adoption advocacy groups. To date, this day has helped to facilitate the adoption of about 44,500 children out of the country’s foster system. Last year alone, over 4,500 adoptions were finalized on this day. The National Adoption Day Coalition estimates that another 4,500 children could be adopted out of foster care on this year’s National Adoption Day.⁽¹⁾

Illegal Use of Prescription Pills is a Growing Problem throughout New Jersey

November 4, 2013 | Kearns Rotolo Law

Last month’s National Prescription Take Back Day resulted in almost 15,000 pounds of expired prescription drugs being dropped off at collection sites throughout New Jersey alone. This was the seventh annual Take Back event sponsored by the Drug Enforcement Agency (DEA) in an effort to combat a growing problem of prescription drug abuse in New Jersey and throughout the country.⁽¹⁾

A recent news story on radio station NJ 101.5 called the problem a “growing epidemic” and went on to explain that abuse of prescription medication was second only to the abuse of marijuana. Underlining the seriousness of this addiction, statistics show that more than 17,000 people in the U.S. die each year from prescription drugs.⁽²⁾

Gov. Christie Drops Appeal of Same-Sex Marriage Noting His Duty to Uphold the Law

October 22, 2013 | Kearns Rotolo Law

Gov. Chris Christie abandoned his appeal of a State Superior Court judge’s ruling to legalize same-sex marriages in New Jersey putting an end to a long-fought battle in the State – at least for now. (1)

The Governor’s decision to drop his appeal was announced just hours after the first same-sex couples exchanged vows to celebrate a State Supreme Court decision to uphold the lower court’s ruling, on a provisional basis, granting gay and lesbian couples the right to marry, effective 12:01 a.m. on October 21. The Court is expected to make a final ruling sometime next year.

Wedding Bells Ring as State Supreme Court Allows Gay Marriage, but Debate on Issue Continues

October 21, 2013 | Kearns Rotolo Law

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Although the State Supreme Court last week upheld a lower court decision to allow gay marriage, the issue has yet to be totally resolved. Still, gay couples throughout New Jersey are making arrangements to take advantage of this ruling as soon as possible. (1)

This past summer, the U.S. Supreme Court overturned the Defense of Marriage Act of 1996 (DOMA), saying it violated equal liberties protected by the Fifth Amendment. In that decision, the Court ruled gay couples involved in state-sanctioned marriages would be granted the same federal rights and protections that traditionally married couples enjoy. While that decision did not say all states must recognize gay marriages, a New Jersey Superior Court judge this past September ruled that New Jersey’s ban on gay marriage went against this Supreme Court ruling and that such marriages would be allowed in the State effective October 21. (1)

Hunterdon County Shines Light on Domestic Violence

October 7, 2013 | Kearns Rotolo Law

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Statistics reveal that one out of every four women will experience domestic violence at some point in her life. Women aren’t the only victims, however; men also can suffer abuse. Domestic violence occurs in traditional marriages, same-sex unions, and unwed relationships. It knows no social, economic or ethnic boundaries and, according to the U.S. Department of Housing and Urban Development, it ranks third among the leading causes of homelessness in this country. (1)

Because domestic violence is such a prevalent problem in our society, October has been named Domestic Violence Awareness Month in Hunterdon County. Numerous events designed to bring attention to this malady kicked off the month. A display entitled “Clothesline Project” featuring T-shirts decorated with messages of support by victims and survivors of domestic violence will be exhibited in county libraries throughout the month to help bring this issue to light. (2)

Divorce and Your Credit: Consider the Pitfalls before Co-Signing a Loan

September 23, 2013 | Kearns Rotolo Law

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It is natural for married couples to do almost everything together. After all, marriage is a partnership and one that is built on trust. Because of that, few people would hesitate to enter into a joint contractual or financial arrangement with their spouse. And while that may be fine as long as the marriage lasts, it could prove troublesome if the union ends in divorce.

Consider the co-signed loan. By co-signing a loan, you become legally responsibility for the debt should the person holding the loan default. What happens in a divorce if your ex, who holds the loan, fails to pay? Is there any way you can force your ex to live up to his or her financial responsibility? Unfortunately, there is not. (1)

When a Loved One Dies, Don’t Be Pressured Into Paying Debt That Is Not Yours

September 9, 2013 | Kearns Rotolo Law

When we lose a spouse or parent, it is not uncommon for loved ones to be left to clear up his/her affairs and financial matters. It is natural to want to do this quickly while mourning, but our haste could lead to taking responsibility for matters for which we aren’t liable. For instance, when a loved one dies leaving behind credit card debt, are we responsible for its repayment? Generally speaking we are not, although there are exceptions. (1)

In community property states debts, like assets, accumulated during the marriage can be considered jointly owned. In that case, a surviving spouse possibly could be liable for credit card debt incurred by his or her deceased spouse. (1) New Jersey is not a community property state; it is a common law state. Therefore in this State, debt is the liability of the person who signed for and incurred it. (2)