New Jersey Family Law Blog

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)

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.