Family Law

Cohabitation Agreements and Prenups – Similar Yet Different

October 1, 2019 | Kearns Rotolo Law

By now, most people understand that a prenuptial agreement, or prenup, is not something that applies only to the rich and famous. In fact, a prenup can save a lot of time, pain and emotional turmoil for any married couple should their marriage end in divorce. But what is a cohabitation agreement and are the two interchangeable?

Cohabitation agreements are contracts between two individuals who are in a romantic relationship and share the same household. These agreements address a variety of financial, personal and family issues and how they should be dealt with in the event the relationship ends. Although they sound very much like a prenup, there are some basic differences between the two. For one thing, a majority of states have laws that pertain specifically to prenuptial agreements; cohabitation agreements, on the other hand, are governed by general contract law.

To learn more about cohabitation agreements and whether you should consider one, read Money Crashers’ “What Is a Cohabitation Agreement – Why You Need One Before Living Together.”

What Is ‘Free-Range Parenting’ and Why Do We Need Laws Supporting It?

April 2, 2018 | Kearns Rotolo Law

Generally speaking, a parent’s top priority is the safety of their children; however, how to go about keeping children safe can be an area of conflicting opinion. Even the child welfare laws that exist to protect children from abuse and neglect are subject to controversy.

Several years ago, the term ‘free-range parenting’ was coined to describe the parenting style of those who believe less supervision and more autonomy is healthy for children. This idea is in stark contrast to the ‘helicopter parents’ who closely supervise their child’s every activity. The problem is that, in some cases, this ‘free-range’ style led to parents being investigated for neglecting their children under child welfare laws. Some argue these laws go too far and deny children opportunities to learn independence – and lawmakers in at least one state agree.

Utah recently became the first state to adopt a law supporting ‘free-range parenting’ provided the children in question were being adequately cared for, clothed and fed. What’s your take on this parenting style? Do you think more states should follow Utah’s example? To learn more, read “Utah’s ‘free-range parenting’ law said to be first in the nation.”

How a Strong Support Team Can Help You through Your Divorce

December 1, 2017 | Kearns Rotolo Law

It is not uncommon for individuals going through divorce to be short-sighted and focus only on the immediate situation, which is to end their marriage. It’s a very emotional time for everyone involved and often decisions are made from the heart, not the head. But this tendency towards rash judgment can have detrimental consequences down the line.

While most people have some sort of support team in place – family and friends to help them get through the most emotional days — you might need a little more than a best friend’s shoulder to lean on. A strong team of professionals trained in matters relating to divorce and family law can help you come out on the other side of divorce both emotionally and financially sound. To learn more about who you may need on your team, read the recent Forbes magazine article “Considering Divorcing? This Is Your Single Most Important Decision.”

Make Sure Visitation Terms Are Clearly Stated

August 1, 2017 | Kearns Rotolo Law

It is generally believed children benefit from healthy relationships with both of their parents. That’s why in divorces, parents often are awarded joint custody. In this way, they continue to share in the decisions and responsibilities of raising their children, as well as in the physical custody of those children. Sometimes, however, courts will not award joint custody but instead will grant visitation rights to the non-custodial parent. That is unless that parent is deemed unfit and the courts believe such visits would not be in the child’s best interests.

If your divorce involves child visitation, you will want to avoid making mistakes that can lead to conflicts between you and your ex. One of the most important things to look for is that your final divorce decree contains the specific terms of the visitation agreement. To learn more about child visitation agreements and what to watch for, read “Child Visitation: It’s a Post-Divorce Fact of Life.”

‘Till Death – or Politics – Do Us Part

June 1, 2017 | Kearns Rotolo Law

It has long been said that there are two topics of discussion to avoid if you want to maintain your relationships – religion and politics. Never has that been truer than now it seems, especially as it pertains to politics.

A recent study by the Virginia-based polling company, Wakefield Research, found that more couples are breaking up or heading to divorce court now than before due to political disagreements, specifically the election of Donald Trump as President. The study further pointed out that millennials are leading this trend. What does this say about our outlooks toward relationships and about our personalities in general? To find out, read “Married Couples Splitting Over Trump, Study Says.”

Discussing Your Divorce on Social Media Often Backfires

April 3, 2017 | Kearns Rotolo Law

Many people today use social media to engage with family and friends, especially those they don’t get to see on a regular basis. These platforms provide an easy means for publicly sharing accomplishments and milestones, or passing along amusing or entertaining stories. Problems can arise, however, when people share information of a more private nature, like their divorce.

Divorce is an emotional process. It isn’t unusual for people going through divorce to seek support or sympathy, but using a public venue like social media to solicit that support can backfire in a big way. So can carelessly posting about your social activities during this process. To learn about the dangers of discussing your divorce in social media or posting about your social engagements without censorship, read “3 Social Media Mistakes Divorcing Couples Make Every Time.”

Why New Jersey’s Marriage Rate is on the Decline

January 30, 2017 | Kearns Rotolo Law

Young New Jerseyans are waiting longer to walk down the aisle, get married and start families, according to the 2011-2015 American Community Survey. And that’s if they get married at all.

Data from the survey indicated that the median age of New Jerseyans getting married for the first time increased by about one year since the last survey was conducted and that the number of residents that have never married has increased by about 5%. Read “The slow death of marriage in New Jersey” to learn about the factors contributing to this trend as well as the future financial implications it can have.