New Jersey Family Law Blog

Live-In Couples Need to be Aware of Differences, Changes in Palimony Laws If They Plan to Collect

August 26, 2013 | Kearns Rotolo Law

Couples who live together without the benefit of marriage cannot benefit from the protections of divorce and alimony laws should their relationship end. Instead, these couples can resolve their financial issues through a contractual arrangement referred to as “palimony.” (1) There are differences, however, between alimony and palimony that, if you are not aware of, could affect your chances of collecting.

The obvious difference between the two is that alimony is granted to married partners and palimony to partners who never married but lived in a marriage-like relationship. Other differences may not be so obvious.(1)

In New Jersey Premarital Agreements Now Require More Consideration Than Ever

August 12, 2013 | Kearns Rotolo Law

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If you are considering a prenuptial agreement, carefully review all aspects of the contract before signing. A recent revision to the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act makes it harder than before to break that agreement, even if circumstances change. (1)

A prenuptial agreement, also referred to as a premarital or pre-civil union agreement in New Jersey, is a contract between two people contemplating a lifelong union. The contract outlines, among other things, distribution of assets should the relationship end. (2) One of the biggest problems is that couples enter into these contracts at a time when the dissolution of their relationship is the last thing on their minds. It is important not to let your emotional bliss stand in the way of looking at the contract realistically.

State Turns to Technology to Protect Victims of Domestic Violence from Repeated Abuse

July 29, 2013 | Kearns Rotolo Law

New Jersey may soon use electronic monitoring devices to track certain repeat domestic violence offenders, offering their victims an extra layer of protection.

Last month, the state General Assembly passed a bill allow a pilot program be conducted in Ocean County, whereby Ocean County courts could order persons charged or convicted of domestic violence, or with violating a restraining order issued as a result of domestic violence, to wear an electronic monitoring device. The device would alert the abuser’s victim, either by computer or cell phone, whenever the abuser is within a certain distance. (1)

The bill is named after an Ocean County woman, Letizia (Lisa) Zindell of Toms River, who was killed in 2009 just one day after her ex-fiancé was released from prison where he had been serving time for repeatedly violating a restraining order. Sponsors of the bill contend that New Jersey’s current laws are not strong enough to protect victims from chronic abusers, noting that Ms. Zindell took all precautions available to her under the law, but those precautions were not enough to stop her abuser. (2)

Governor Vetoes Bill to Eliminate Waiting Period for Marriage Licenses

July 12, 2013 | Kearns Rotolo Law

Any ideas that New Jersey would compete with Las Vegas for the spontaneous wedding trade were squashed last month when Gov. Chris Christie vetoed a bill that would have ended the waiting period for obtaining a marriage license in the State. (1)

Supporters of the bill claimed the change could have helped to increase New Jersey’s tourist trade and its wedding industry by giving the State an advantage over neighboring states for those couples planning a destination wedding. (2) Both New York State and Delaware have a 24-hour waiting period for the issuance of marriage licenses; Pennsylvania has a three-day waiting period.

Like Pennsylvania, New Jersey also has a three-day or 72-hour waiting period for marriage license applications. (3) This waiting period was designed to allow couples time for sufficient consideration of what is supposed to be a lifelong commitment. In issuing his veto, Gov. Christie expressed concern that passage of the bill would only encourage “hasty weddings.” The Governor called marriage “among the most important and life-altering decisions” a couple will make and, as such, one that should be given careful consideration. (2)

Bill Would Grant Adoptees Access to Birth Records While Protecting Birth Parents’ Privacy

July 3, 2013 | Kearns Rotolo Law

baby%20and%20women%20for%20adoption.jpg When it comes to adoptions, the question of whose rights should take precedence – those of the adopted child or those of the biological mother – has long been debated. However, a new bill recently cleared by the State’s Health Committee may have found the compromise. (1)

In general, there are two types of adoptions: open adoptions and closed, or confidential, adoptions. In an open adoption, birth parents and adoptive parents can obtain identifying information about each other and come to agreements regarding how much or how little involvement the birth parents can have in the adopted child’s life. It should be noted that in New Jersey, while open adoptions are allowed, they are not enforceable by law. In other words, there is no legal way to enforce any agreements reached between birth and adoptive parents should either party change their mind. (2)

In closed adoptions, while adoptive and birth parents may meet, it is on a first-name only basis. No identifying information (i.e., last names, Social Security numbers) are exchanged, and the birth parents have no involvement in the raising of the adopted child once their parental rights have been surrendered. (2)

Supreme Court Grants Marriage Rights to Gay Couples But Defers to States to Set Their Own Marriage Policies

June 28, 2013 | Kearns Rotolo Law

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In a landmark decision this week, the U.S. Supreme Court passed down a ruling that would give gay couples in state-sanctioned marriages the same federal rights and protection given to traditional married couples. This ruling overturned the Defense of Marriage Act (DOMA), signed into law by Pres. Bill Clinton in 1996, which, the Court said, violated equal liberties protected by the Fifth Amendment. (1)

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According to the federal government’s General Accounting Office, more than 1,100 rights and responsibilities are given to married couples in the U.S. These include Social Security and veteran’s benefits; health matters, such as Medicaid, insurance, family leave and hospital visitation; retirement and pension savings; estate taxes and immigration issues. Because DOMA recognized marriage as a union “between a man and a woman,” these rights and benefits offered to couples in traditional marriages were denied to those in same-sex marriages.(2) The Supreme Court’s recent decision changes that.

This decision, however, did not say that same-sex marriages must be recognized in all states. Only 12 states and the District of Columbia currently recognize same-sex marriages.(1) Other states, including New Jersey, recognize civil unions or domestic partnerships. Generally, these relationships carry rights that are recognized only in the states where the couples reside.

Use Diligence to Keep Children Safe around the Water

June 1, 2013 | Kearns Rotolo Law

Memorial Day has passed, temperatures are rising and the school year is rapidly coming to an end. This is the time of year when attention turns to summer vacations and, for many, that means taking to the water. Whether you plan to enjoy the beach, a lakeside resort or your own backyard oasis, it is important to take precautions to prevent accidents that can turn your summer vacation into a tragedy.

The U.S. Consumer Product Safety Commission (CPSC) recently released disturbing statistics relating to children and water-related accidents. Based on data collected over the past three years, an average of 390 children under 15 drown every year, including 296 children younger than 5. During that same time, hospital emergency rooms treated about 5,100 children for injuries suffered from being submerged in the water; 4,000 of them were under 5. (1)

Despite these statistics, an overwhelming number of people (63%) polled by the American Red Cross admitted they would take their families swimming in unguarded waters this summer. Almost 50% of those polled never had swimming lessons. A majority of those surveyed also said they believed the use of “water wings” (inflatable bands worn around the arms) or the buddy system were adequate substitutions for adult supervision of children in the water. (2)

Underage Drinking Laws Carry Consequences for Both Minors and Adults

May 20, 2013 | Kearns Rotolo Law

What started as a celebration ended in potentially serious consequences for a Lebanon Borough couple on May 17. Police, responding to a noise complaint, charged the couple with serving alcohol to minors after it was discovered that the approximately 40 party-goers included an undisclosed number of underage persons.(1)

Under New Jersey law, adults who serve alcohol to minors can be held liable if those minors are injured or killed as a result of their drinking. The adults can be charged for property damages and medical bills and can be sued for pain and suffering. (2)

In addition to the civil consequences, adults who enable underage drinking are subject to criminal charges. In New Jersey, it is a criminal offense to serve alcohol to anyone under 21 or to allow minors to use your home or property for the purpose of consuming alcoholic beverages. This offense carries a fine of up to $1,000 and/or up to six months in jail. Exceptions apply if the minor consumes alcohol in connection with a religious ceremony or observance or with the permission of a parent or guardian. (2)

When An Engagement Is Broken, Who Is Entitled To The Ring?

April 30, 2013 | Kearns Rotolo Law

The engagement ring has long been a symbol of a couple’s intention to wed. But what happens to that ring if the engagement is broken?

It was recently reported that a New York City man filed a suit against his ex-fiancé, a Hillsborough, N.J., resident, claiming she refused to return the ring after their engagement had been called off. The man is seeking not only the return of the ring valued at $10,000, but punitive and compensatory damages and court costs as well. (1)

From a legal perspective, the question of who is entitled to possession of the ring when the engagement is called off is more complicated than one might assume. The ring could be considered a symbol of a contract. In that case, it must be determined what constitutes fulfillment of that contract – the agreement to marry or the actual marriage. Most states, however, consider the engagement ring a gift. How individual states classify the type of gift can help courts determine the ring’s rightful owner. (2)

Heading for Divorce? Take Steps to Protect Your Credit Rating

April 9, 2013 | Kearns Rotolo Law

When contemplating divorce, one of the first issues to be handled, after custody, is the distribution of marital assets. What some people fail to do adequately, however, is address the issue of joint debt that has accumulated during their years together. Failure to take care of debt and credit issues can lead to credit rating nightmares for years to come.

People may fail to realize that a divorce decree does not change the commitments made to creditors. When you incur debt of any type – mortgages, loans, credit cards – you are entering into a legal contract to repay that debt in compliance with terms of the loan.(1) There are several ways to handle marital debt and save your credit rating.

It is possible to come to an agreement as to which partner is responsible for which debt after divorce and have those terms included as part of your divorce agreement. For instance, the spouse who keeps the house may assume mortgage payments, while the spouse who takes the family car assumes the car loan. Just know, however, that if those loans remain in joint names and the responsible party fails to make the payments, that failure will appear on both parties’ credit reports. (2) Online access to your accounts can help you see potential problems before they get out of hand.