New Jersey Family Law Blog

Annulment v. Divorce – What Is the Difference?

Sun, 13 May 2012 11:36:50 -0500

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)

An annulment, in effect, states the marriage was entered into illegally and, as such, couples retain the legal responsibilities and rights they had prior to that marriage. In contrast, divorced couples assume the new legal status of ex-spouses. (2)

Traditionally alimony, or spousal support, was not awarded in annulments since, if the marriage never existed, neither spouse has a financial obligation to the other. (3) Nowadays, however, annulments are becoming more like divorces in that courts may decide how marital property should be divided and whether or not alimony payments are to be made. One difference that does remain is any benefits from a previous marriage that were terminated upon remarriage, such as alimony or workers’ compensation, resume after the annulment. (2)

The legal process for obtaining an annulment is similar to that for a divorce; both involve filing pertinent legal papers and holding court hearings. However, there are specific requirements for annulments. These vary from state to state but generally include fraud or non-disclosure of such information as mental illness, venereal disease, another marriage; impotency; and being under the legal age for marriage within that jurisdiction. (3)

Legal annulments differ from religious annulments. A legal annulment is a court order, whereas religious annulments are granted by a religious institution. The processes and requirements for the two differ and a religious annulment alone does not legally end a marriage. It does, however, allow the parties involved to remarry under the laws of their religion. (4)

The processes, requirements and grounds for annulment vary by jurisdiction so it is necessary to consult your local courts before proceeding. If you or someone you know needs assistance with an annulment or divorce in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm located in Lebanon, N.J., which is in close proximity to Clinton and Flemington.

(1) http://thecelebritycafe.com/feature/kris-humphries-wants-annulment-not-divorce-12-01-2011
(2) http://www.uslegalforms.com/annulment/new-jersey/
(3) http://www.divorcemag.com/c/s3/?Divorce_Law/divorce-versus-annulment.html
(4) http://www.divorcesupport.com/divorce/What-is-the-difference-between-a-civil-annulment-3420.html

Ex-Spouses Are Still Entitled to Receive Social Security Benefits

Tue, 01 May 2012 00:09:08 -0500

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.

A person may be able to collect an ex-spouse’s Social Security benefits provided certain criteria are met, according to the Social Security Agency. For one thing, your marriage had to have lasted at least ten years. Also, you must be 62 or over and unmarried at the time of filing in order to receive the benefits. (2)

This applies even if your ex remarries. The amount you collect in spousal benefits has no bearing on what your ex-spouse and his or her current spouse could collect. If you remarry, however, you would not be able to collect an ex-spouse’s benefits until your current marriage ended either by divorce, annulment or death. (2)

If you have been married more than once, you could be eligible to collect benefits based on each of your former spouse’s contributions provided each of the marriages lasted at least ten years, but you could not collect both or combine the benefits. Instead, you would choose the best benefits. (3)

Your ability to collect an ex-spouse’s benefits does not rely on whether he or she has begun taking benefits themselves. You may apply for these benefits provided you have been divorced for two years or more and remain unmarried at the time of filing. (4)

There are other criteria to consider when claiming Social Security benefits. Knowing the right questions to ask is sometimes the best place to start. If you or someone you know needs assistance with a similar divorce matter in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm, Route 22 West, Lebanon, N.J.

(1) http://www.ivillage.com/divorced-womans-guide-social-security/6-a-127645
(2) http://www.ssa.gov/retire2/divspouse.htm
(3) http://articles.latimes.com/2011/mar/06/business/la-fi-perfin-20110306
(4) http://money.msn.com/retirement/social-security-on-exs-record-bankrate.aspx

New Jersey’s Anti-Bullying Bill of Rights Marks Six-Month Anniversary

Sun, 08 Apr 2012 18:06:01 -0500

Webcam (Photo credit: Wikipedia)

On Friday, April 13, the documentary “Bully” hits theaters across the country. The film aims to bring to light the growing epidemic of bullying that threatens our children. To help stem this epidemic, New Jersey six months ago passed the toughest legislation in the nation to fight bullying in its public schools. (1) If, after reading the following, you need a Hunterdon County lawyer to assist you with a bullying incident involving your child, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

New Jersey’s Anti-Bullying Bill of Rights, which went into effect last September, strengthened earlier laws on the State’s books by requiring all public schools to develop comprehensive policies against bullying. Previously schools were only encouraged to do this. (2) This law was passed largely in response to the Tyler Clementi suicide. Clementi was a freshman at Rutgers University; Clementi jumped from the George Washington Bridge after learning that his college roommate, Dharun Ravi, streamed video of Clementi’s tryst involving another man and invited others to watch. Last month, Ravi was convicted of multiple charges against him including bias intimidation, invasion of privacy and witness tampering. He faces up to ten years in prison and possible deportation when sentenced on May 21. (3)

Clementi is not the only one whose suicide has been linked to bullying and harassment, unfortunately. And while State lawmakers know they cannot end bullying, they hope the stricter laws will lessen the incidents.

The aforementioned movie follows several victims from their schools to their homes, showing the effect bullying has on their lives. It also shows how families, peers and school officials struggle to cope with this problem. (4) New Jersey’s anti-bullying law hopes to change that here by requiring schools to appoint safety teams, train staff and students about what constitutes bullying, and investigate every reported allegation within a very tight timeframe, even those incidents that take place off-campus. (5)

Initially there was some concern that such a stringent law would spur too many lawsuits, but the potential for lawsuits has existed since New Jersey adopted its first anti-bullying laws in 2002. While it may be too early for statistics to tell us how effective the new law is in stemming bullying and preventing teenage suicides, it does give victims of bullying hope in knowing that the schools, as well as the State and law officials are on their side. (5)

If you or someone you know needs help with a bullying incident, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm for assistance.

(1) http://www.nj.com/news/index.ssf/2012/03/6_months_into_nj_law_to_halt_b.html
(2) http://www.nj.com/news/index.ssf/2010/11/nj_assembly_passes_anti-bullyi.html
(3) http://abcnews.go.com/US/rutgers-juror-dharun-ravis-words-convicted/story?id=15922681
(4) http://movies.msn.com/movies/movie-synopsis/bully.4/
(5) http://ideas.time.com/2011/09/06/why-new-jerseys-antibullying-law-should-be-a-model-for-other-states/

Should Genetic Testing Be Required for All Parents and Newborns?

Sat, 31 Mar 2012 20:43:28 -0500

Swedish Dads, Skansen (Photo credit: ChrisGoldNY)

Under most circumstances (with the possible exception of surrogacy situations), establishing maternity of a child is obvious. Establishing paternity is another matter. But is this uncertainty enough to require genetic testing for all new parents and babies? If, after reading the following, you need assistance from a Hunterdon County lawyer regarding paternity issues, contact the family law attorneys at The Rotolo Law Firm located in New Jersey, Clinton Township.

A New Jersey Assemblyman recently put forward a bill that, if adopted, would require all new parents and their babies to undergo genetic testing to establish parentage. Because maternity is usually easier to prove, the bill, admittedly, is geared more to determining paternity. The thinking behind such a bill is that establishing paternity from the start would alleviate the potential for future court battles and the heartbreak associated with them. (1)

Current New Jersey law essentially presumes the husband is the father of a child born during the marriage, or within 300 days after a marriage is ended by annulment, divorce or death of a spouse. (2) In the case of babies born outside of a marriage, the unwed father should make the effort to establish his paternity. (3) In New Jersey, parents can sign a Certificate of Paternity, which establishes the man named as the legal father of the child. (4)

When a father signs a Certificate of Paternity, it helps to establish the rights and privileges of both father and child, as well as the duties and obligations the father has toward that child. A legal father has the responsibility to provide financially for his child and to meet his child’s health and emotional needs. With these responsibilities come visitation rights and the right to seek custody should the relationship between mother and father terminate. (5)

Establishing paternity is important for the child, as well, as it protects his or her rights to inheritance and other benefits, including medical, Social Security, life insurance and veterans’ benefits. It also provides a child with important information regarding his or her medical history. (5)

For most people, the presumption of paternity is sufficient, at least until the relationship between mother and father sours. In that case, the court may order genetic testing if there are questions regarding paternity before ruling on such matters as child support, visitation and custody.

New Jersey previously considered mandatory genetic testing, but rejected the idea as too costly in terms of money and time, and for being an invasion of privacy. (4) The proposed bill would put the financial burden, at least, on the parents and their insurance providers. (1)

Whether or not such a bill will make it into law is yet to be seen; to date there is no companion bill before the State Senate, so any decision is a long way off. (1) In the meantime, if you or someone you know needs assistance regarding paternity issues in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm.

(1) http://www.nj.com/news/index.ssf/2012/03/nj_legislator_proposes_measure.html
(2) http://www.dna-testing-paternity.com/paternity-laws/new-jersey-state-paternity-laws
(3) http://family.findlaw.com/paternity/paternity-suit-faqs.html
(4) http://www.lawrev.state.nj.us/children/t9parentageFR041510.pdf
(5) http://www.dna-geneticconnections.com/paternity.html

A Look at the Legal Differences Between Marriages and Civil Unions

Sun, 18 Mar 2012 23:59:09 -0500

WASHINGTON - MARCH 16: Sen. Dianne Feinstein (D-CA) listens during a news conference on gay marriage on Capitol Hill on March 16, 2011 in Washington, DC. Feinstein and sixteen other Democrats introduced a bill to repeal the Defense of Marriage Act. (Image credit: Getty Images via @daylife)

There has been much talk in the news in recent months regarding the differences between “marriage” and “civil unions,” particularly in light of Gov. Chris Christie’s veto last month of a bill that would have made New Jersey the eighth state in the nation to recognize same-sex marriages. Those opposing that bill claim that civil unions grant gay and lesbian couples the same rights as marriage; proponents of the bill disagree. (1) If, after reading the following, you need a Hunterdon County lawyer to assist you with your rights under marriage or civil union laws, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

New Jersey’s Civil Union Act was adopted in 2006 following the Supreme Court’s decision in Lewis v. Harris, in which the court ruled that New Jersey did not have to recognize same-sex marriages but had to grant same-sex couples the same rights as their heterosexual counterparts. A committee appointed to watch the progress of the Act has found that the Act does not quite live up to its purpose. As a result, a suit has been filed alleging that New Jersey violates the Constitutional rights of gay and lesbian couples by denying them equal protection of law. (1)

Initially the suit was dismissed by Mercer County Assignment Judge Linda Feinberg, but last month she reconsidered her ruling allowing the suit to proceed. Plaintiffs are hoping to prove at trial that the Civil Union Act has failed to provide same-sex couples with rights and responsibilities equal to those of heterosexual couples. (1)

Over 1,100 rights and responsibilities are bestowed on married couples in the U.S., according to the federal government’s General Accounting Office. These rights include Social Security and veteran’s benefits; pensions and retirement savings; health issues, such as insurance, Medicaid, hospital visitation and family leave rights; estate taxes; and immigration issues. (2)

One major difference between marriage and civil unions concerns federal benefits. DOMA, The Defense of Marriage Act, was signed into law by President Clinton (1996), and it defines marriage as a union between a woman and a man. As such, all federal rights pertaining to married couples are granted only to couples of the opposite sex. States that recognize same-sex relationships can only grant those couples state benefits, including co-parenting privileges, access to family health care, tax benefits and protections offered under the state’s separation or divorce laws. (3)

Another difference is that marriages are recognized in all states, but civil unions are not. A couple who marries in New Jersey would still be considered married if they moved to another state but a couple who enters into a civil union could find themselves with no legal standing if they move to a state where such relationships are not recognized. Even some states where civil unions are legal won’t recognize such unions performed elsewhere. New Jersey happens to be one state that recognizes all civil unions even if they were performed in another state. (3)

Whether same-sex marriages will ever be legal in New Jersey is yet to be seen. Republican leaders want voters to decide but Democratic leaders are opposed to this. State lawmakers have until January 2014 to override the Governor’s veto. Meanwhile proponents of same-sex marriages continue to fight in both the legislature and the courtroom. In the meantime, if you or someone you know has questions regarding your rights under marriage or civil union laws contact The Rotolo Law Firm located in Lebanon, N.J., which is in close proximity to Clinton and Flemington.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202543062276&slreturn=1
(2) http://www.infoplease.com/ipa/A0922609.html
(3) http://www.factcheck.org/what_is_a_civil_union.html

Vague Wording Can Lead to an Ineffective Restraining Order

Mon, 05 Mar 2012 17:27:55 -0500

Image by Getty Images via @daylife

Although New Jersey has the lowest divorce rate in the nation (1), break-ups do happen and when they do, tempers can flare. Sometimes those tempers get out of control. Restraining orders are designed to offer protection from a former or current partner who poses a threat. (2) If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation regarding restraining orders, contact the family attorneys at The Rotolo Law Firm.

New Jersey offers three types of restraining orders. Emergency orders offer immediate protection when courts are closed. Temporary restraining orders (TROs) are issued prior to a full hearing provided a judge finds sufficient evidence of potential harm. Final restraining orders are those issued after a full hearing at which each party is given a chance to present their side. They can stay in effect indefinitely; in fact, they do not terminate unless a judge sets an expiration date or either party files a motion to end or amend the terms of the order. (2)

Normally restraining orders spell out explicitly where the person against whom the order is written can and cannot go. Unless the order is written specifically, though, confusion can arise, causing problems for all involved. Take the case of a New Jersey man who was arrested and charged with contempt and harassment for attending his child’s soccer game.

About a year after their divorce, the man’s ex-wife sought a restraining order against him following a confrontation over support payments. The judge hearing the case issued a final restraining order specifying that the man could not contact his ex-wife and must stay away from her home, workplace and “any other place” she may be. (3)

When the man showed up at his child’s soccer game, his ex-wife, who was also in attendance, called the police to report him in violation of the restraining order. He was charged with contempt and harassment and held in custody briefly. Eventually the man was sentence to one day already served and a penalty of $125. Since the order did not specifically name the “other” places from which the man was barred, he appealed. (3)

According to the Prevention of Domestic Violence Act, restraining orders can keep a person away from the home, school or place of employment of another, as well as from any other place specified in the order. This is usually a place the victim is known to visit often. (3)

Last month a state appeals court ruled in favor of the man, noting the order against him failed to specifically define “any other place.” Because of the vague wording, the court ruled the man could not deliberately violate his restraining order by attending his child’s soccer game. In order to comply with such a broadly worded restraining order, the onus would be on the man to know where his ex-wife was at all times. This, it was noted, could almost be considered stalking which, in itself, is a form of domestic abuse. (3)

Restraining orders are designed to protect, but they can be ineffective if the wording is too general. If you or someone you know needs assistance with restraining orders, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

(1) http://www.nj.com/news/index.ssf/2011/09/nj_leads_nation_in_lowest_divo.html

(2) http://www.womenslaw.org/laws_state_type.php?id=557&state_code=NJ

(3) http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202538637913&Restraint_Held_Too_Broad_To_Prevent_Father_Attending_Childs_Soccer_Game&slreturn=1

Bill Allows for Reduced Child Support Payments In Face of Changing Circumstances

Sun, 19 Feb 2012 10:39:06 -0500

Daily headlines are filled with stories of layoffs and dismal unemployment rates as our economy continues to flounder. People are finding it harder to meet their financial obligations as they face pay cuts or worse - loss of wages. Recognizing our current difficult financial environment, the New Jersey State Senate recently passed a bill that could ease child support obligations for the newly unemployed. (1) If, after reading the following, you need assistance with child support issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The State Senate on February 16 unanimously approved a bill that would enable people who have experienced a significant change in employment to petition the court for a reduction in their alimony and child support obligations. A “significant change” has been defined as having their wages reduced significantly or being unemployed for more than six months. (1)

New Jersey family courts have long had the authority to reduce support payments in the event of changed financial circumstances under common law. The new bill, however, makes this authority official. (2)

Support payments, particularly child support, are financial obligations that New Jersey courts take seriously. Consequences for failure to pay can include garnishment of wages, interception of tax refunds, adverse reports to credit bureaus and confiscation of assets. Failure of payment can also result in revocation of driver’s licenses and professional licenses, which would affect the ability to work; suspension of a passport, restricting a person’s ability to travel; and a lien on real estate, which would prohibit a person from selling or refinancing a home. Further failure to pay could result in jail time. (3)

While the new bill could make things a little easier for those making the support payments, it obviously does not help the receiving parent who is still faced with the financial obligations of raising the children. To help eliminate the possibility of people using this change to avoid their financial responsibilities to their children, the bill stipulates that judges could refuse to grant a reduction in payments if the obligated party refused to make “reasonable efforts” to find employment or deliberately turned down income in order to avoid his or her obligations. (1)

If you or someone you know needs assistance with child support or alimony issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm located in Lebanon, N.J.

(1) http://www.nj.com/news/index.ssf/2012/02/senate_committee_urges_christi.html

(2) http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202541643474&Assembly_Committee_Advances_Bill_On_IncomeDriven_Alimony_Reductions&slreturn=1

(3) http://www.divorcenet.com/states/new_jersey/new_jersey_child_support_part_2

Where Children Are Concerned, A Name Change Is Not Necessarily A Simple Matter

Sun, 05 Feb 2012 13:01:27 -0500

When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading the following, you need assistance with custody-related issues, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The New Jersey Appellate Court recently reversed a ruling by a Burlington County Superior Court judge granting a mother permission to change her children’s surname following her divorce from their father. While the couple shares legal custody of their two children, the mother is the parent of primary residence. (1)

The couple divorced in 2010, ending an 11-year marriage. Shortly thereafter, the mother changed the children’s surname to a hyphenated version of her and her ex-husband’s last names without consulting the children’s father. The father filed with the court to have his children’s name changed back. The mother countered with her own petition to change the children’s name to her own. (1)

The procedure for changing the name of a child varies according to the state in which you live. (2) In New Jersey, the procedure for a name change is basically the same for adults and children. A petition must be filed with the court requesting the change and giving a reason for the change. Additional documentation and a hearing may be requested if necessary. Courts primarily are concerned that the change is not being done in an effort to avoid consequences of any legal action pending or for fraudulent purposes. (3)

In the case of a child’s name change, New Jersey requires both parents be involved. If only one parent files for the change, the other parent must be given the opportunity to object if he or she thinks the change would not be in the best interest of the child. (3)

When the above-mentioned case originally was heard, the judge based his ruling on the fact that the mother was the parent of primary residence which, he said, allowed for a presumption in her favor. The Appellate Court, however, said the judge was mistaken because the law upon which the presumption was based did not apply since the couple had been married at the time the children were born. Instead, the Appellate judges ruled, the best-interest test needed to be applied. This test takes into consideration several factors including how long the children had used their surname, how the children identified as a part of a family unit, and any discomfort or embarrassment the children may experience as a result of the name change. (1)

The presumption in favor of a parent of primary residence is mostly used in instances of children born out of wedlock. Even then, though, the Court noted, most states are steering away from this so it does not become an issue in divorce negotiations. It could also be considered discriminatory since parents of primary residence are primarily mothers. (1)

The above-described case illustrates how even relatively simple issues can have complications. If you or someone you know needs assistance with divorce or custody issues, contact the family law attorneys at The Rotolo Law Firm located in Lebanon, N.J., which is in Hunterdon County, New Jersey.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202539705405&slreturn=1
(2) http://www.essortment.com/change-minor-childs-last-name-24588.html
(3) http://www.lsnjlaw.org/english/courts/formslawsuits/changename/changenamenj/

NJ Supreme Court Win by Rotolo Law Firm Helps Pave Way to Passage of NJ Bill

Fri, 27 Jan 2012 10:13:28 -0500

In an article dated January 5, 2012, Matt Friedman, Statehouse Bureau reported on the Assembly panel approval of a bill that removes the State's two-year statute of limitations for lawsuits for child sexual abuse. Victor Rotolo's 2008 landmark case paved the way for this change. Read Matt Friedman's article here.

New Jersey Joins Four Other States Allowing Proxy Marriages for Military Personnel

Sun, 22 Jan 2012 12:15:08 -0500

New Jersey service men and women no longer have to put off their wedding plans due to deployment to active duty thanks to new legislation signed into law by Gov. Chris Christie last week. The law allows for marriage by proxy for military personnel stationed overseas. (1) If after reading the following, you need a Hunterdon County lawyer that can assist you with a proxy marriage or other marriage issue, contact the family lawyers at The Rotolo Law Firm.

The new bill was a bipartisan effort sponsored by Republican Sen. Diane Allen and Democratic Assemblyman Herb Conaway. It gained full Legislature approval on January 9 and was signed into law on January 17. (2) As a result, New Jersey residents actively serving in our Armed Forces no longer have to put off the benefits of marriage merely because one of them is deployed for military action.

A marriage by proxy is one in which someone with a power of attorney stands in for the bride or groom who cannot be present for the wedding formalities. Proxy marriages are not new and, in fact, have been around for centuries -- Napoleon married Marie Louise by proxy; a number of Japanese “picture brides” married their American husbands by proxy in the early 1900s; (3) and cosmonaut Yuri Malenchenko married Ekaterina Dmitriev by proxy while he was serving on the International Space Station. (4)

The advantage of a proxy marriage is that the couple does not have to wait to share the legal benefits of marriage, which include health and insurance benefits, legal rights, tax benefits and rights to power of attorney while in service to their country. (2)

New Jersey joins four other states in the nation that recognize proxy marriages. Colorado, California, Texas and Montana are the others. (2) Of those, Montana is the only state that allows for double proxy marriages, which are ceremonies where neither the bride nor groom can be present. Ironically, however, not all counties in Montana permit marriage by proxy. (3)

It should be noted that while some states recognize proxy marriages performed in those areas where allowed, others recognize such unions only as common law marriages. (3) Because marriage laws vary by locale, it is important to seek professional advice if you have concerns. If you or someone you know has questions regarding proxy marriages or marriage laws in Hunterdon County, contact the Lebanon, NJ family lawyers at The Rotolo Law Firm, approximately ten miles from the County Seat in Flemington, NJ.

(1) http://www.newjerseynewsroom.com/state/christie-signs-bill-allowing-marriage-by-proxy-for-armed-service-members

(2) http://www.phillyburbs.com/news/local/burlington_county_times_news/new-jersey-becomes-fifth-state-to-permit-soldiers-to-marry/article_65944c6e-d2cb-56e3-a224-878b2a885948.html

(3) http://marriage.about.com/cs/legalities/a/proxymarriage.htm

(4) http://www.helium.com/items/1533196-what-is-a-proxy-marriage

State Is Considering Waiving Waiting Period for Marriage Licenses

Sat, 07 Jan 2012 14:24:03 -0500

The wait may soon be over for couples seeking to marry in New Jersey as the State Assembly considers a proposal to allow for same-day issuance of marriage licenses. (1)

Some requirements for marriage licenses can vary by municipality (2), so if you have questions regarding laws governing marriages in Hunterdon County, the family lawyers at The Rotolo Law Firm can help. Basically, however, there is currently a three-day or 72-hour waiting period for marriage license applications in New Jersey. Originally, this waiting period was intended to make sure couples gave sufficient thought to what is supposed to be a lifetime commitment. (3)

Two Democratic representatives, Sen. Nicholas Scutari of Union and Assemblyman Lou Greenwald of Camden, last month proposed a bill that would eliminate this waiting period.(4) That proposal was approved this week by the Assembly Budget Committee and now awaits a vote by the full Assembly expected this Monday. However, a plan currently in committee has not yet been approved by the Senate. If that plan does not gain approval by Monday, efforts will have to start all over again. (5)

Proponents for the change say that abolishing this waiting period can bring a boost to the State’s tourist trade as well as its wedding industry by giving New Jersey an edge over neighboring states. (There is currently a 24-hour waiting period in both New York and Delaware and a 3-day waiting period in Pennsylvania.) These supporters claim that the waiting period makes it difficult for vacationers to plan destination weddings in New Jersey. They also profess the change could make Atlantic City more like Las Vegas, a town known almost as much for its wedding chapels as for its casinos.(4) Opponents, however, question whether so-called "drive-by” weddings are the best way to bring in revenue and create jobs, asserting that a cut in both taxes and spending would be more beneficial to the State’s economy. (5)

Under current New Jersey law, couples are required to apply for a marriage license in the municipality in which the bride-to-be lives. If she is not a resident, the couple must apply in the groom’s hometown. If neither are residents, application is to be made in the municipality where the ceremony is to take place. (2)

The proposed change would allow visitors to apply for a State marriage license as well as allow residents to apply in the municipality where the ceremony will be held rather than in their hometown. (4)

If the change is adopted, it would bring New Jersey in line with 29 other states that have no waiting period. Connecticut and Rhode Island are the only other northeastern states without a marriage license waiting period. (1)

For advice regarding marriage laws in New Jersey, specifically in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm, located in Lebanon.

(1) http://www.nj.com/news/index.ssf/2012/01/nj_assembly_clears_bill_allowi.html

(2) http://usmarriagelaws.com/search/united_states/new_jersey/index.shtml

(3) http://family.findlaw.com/marriage/marriage-license-requirements.html

(4) http://www.nj.com/times-opinion/index.ssf/2011/12/editorial_drop_nj_marriage_lic.html

(5) http://philadelphia.cbslocal.com/2012/01/06/new-jersey-assembly-wants-to-lift-3-day-waiting-period-for-marriage-licenses/

Judge Considers Special Circumstances When Granting Custody to Gay Partners

Wed, 28 Dec 2011 22:50:29 -0500

In a complicated case involving same-sex unions and surrogacy, a Hudson County judge recently put controversy aside and decided custody of twin girls based on their best interest. All custody cases carry their own complications. If, after reading the following, you have questions regarding custody issues in Hunterdon County, contact the family lawyers at The Rotolo Law Firm in Lebanon, NJ.

This particular custody case involves Donald Robinson Hollingsworth, Sean Hollingsworth and Donald’s sister, Angelia Robinson. Donald and Sean, partners who were married in California, currently reside in Jersey City. The men, wanting a family, entered into a surrogacy agreement with Donald’s sister, under which she agreed to carry a child – or twins, as it turned out – for the couple. The twin girls were conceived through in vitro fertilization with a donor embryo fertilized by Sean. (1)

Following a complicated birth, the men assumed custody of the twin girls, allowing for visitation with Ms. Robinson. In time, however, the relationship between brother and sister deteriorated, eventually winding up in a lawsuit. In 2009 a judge declared Ms. Robinson the legal mother of the girls even though she had no genetic ties to them. (2)

Disagreements between the men and Ms. Robinson heightened. They failed to agree on child-rearing basics such as schooling, religious beliefs, the girls’ biracial heritage (their biological father was the child of a biracial couple) and the issues of surrogacy and same-sex lifestyles. These major differences of opinion led the Hudson County Superior Court judge to determine that a joint custody arrangement would not work in this situation and instead based his decision on who would provide the best care for the girls. (1)

Sean, who worked part-time from home, was able to devote ample time to raising the girls. Donald ran a successful business. The couple owned homes in Jersey City and Asbury Park. Ms. Robinson lived with her mother in a rental apartment. While the girls were in her care, Ms. Robinson’s mother would watch them while she worked. Both women had expressed anti-gay and anti-surrogacy sentiments. (2)

In making his ruling, the judge expressed concern that the women’s viewpoints would eventually be shared with the girls with damaging effects. However, he recognized Ms. Robinson’s place as legal mother and, while granting full custody to the girls’ biological father, he preserved Ms. Robinson’s visitation rights. (2)

Neither same-sex marriages nor surrogacy contracts are recognized in New Jersey. While the men were married in California, they are considered to be in a civil union in New Jersey. The surrogacy contract entered into by Ms. Robinson and her brother could not be enforced because in New Jersey, as in Michigan, such contracts are considered to be against public policy and void. (3)

Custody issues are rarely black and white. More often there are many gray areas to take into consideration. If you or someone you know is involved in a custody issue in Hunterdon County, consider seeking the advice of the family law attorneys at The Rotolo Law Firm located in Lebanon, NJ, which is approximately ten miles from the county seat in Flemington.

(1) http://www.nj.com/news/index.ssf/2011/12/nj_gay_couple_fight_for_custod.html

(2) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202535807445

(3) http://www.legalmatch.com/law-library/article/surrogacy-contract-lawyers.html

Will New Jersey Follow Massachusetts’ Lead in Alimony Reform?

Mon, 12 Dec 2011 06:48:49 -0500

At least one private New Jersey citizens group is working toward making sure the words “till death do us part” refers to marriage and not alimony payments. The group, New Jersey Alimony Reform, is hoping State lawmakers can be persuaded to follow the example set by Massachusetts earlier this year and reform New Jersey’s alimony laws. (1)

Laws affecting the award and calculations of alimony payments vary from state to state. (2) If you have questions regarding New Jersey’s current alimony laws, particularly in Hunterdon County, contact the divorce lawyers at The Rotolo Law Firm in Lebanon, NJ.

This past fall, Massachusetts’ governor signed into law reforms that would eliminate lifetime alimony. Now, New Jersey and Florida are considering similar changes. (1)

Alimony, also known as spousal support, is intended to ensure that both parties can continue a lifestyle similar to the one they enjoyed while married. For the most part, New Jersey’s current alimony laws were written at a time when traditional roles of bread-winner and homemaker were more prevalent and were intended to ensure neither spouse was left destitute once the marriage ended and that the spouse who put family before career was compensated fairly.

There are currently four forms of alimony: permanent, lump sum, temporary and rehabilitative. It is the permanent alimony that currently is under fire. (3)

New Jersey Alimony Reform wants lifetime or permanent alimony eliminated. Instead the group wants terms of alimony awards to be legislated so that the awards are more equitable and fair to both the payor and the recipient. (1)

One of the problems with permanent alimony is that it does not allow for adjustments when the income status of either party changes. Couples find themselves going back to family court to plea for a change in the award to meet their changing needs or abilities, thus prolonging a relationship that should have ended some time ago. (2)

New Jersey Alimony Reform has been collecting stories that illustrate the inequities in the State’s current law. One such story involved a Hunterdon County man who was ordered to pay alimony in the amount of $4,000 per month at a time when his business was going strong. However, when the recession hit in 2008, his business began to flounder and, although he attempted to have the alimony award adjusted to reflect the change in his income, he was rejected – three times. (2)

One bill before the state Legislature has provisions to protect both parties in an alimony issue. The bill, sponsored by Sen. Sean T. Kean (R-Monmouth) would allow for alimony payments to cease once the payor’s income is reduced because of certain factors including unemployment, retirement, temporary disability or like conditions. Sen. Kean’s bill would also protect against the payor deliberately altering his or her income to avoid alimony payments. (1)

The senator plans to reintroduce his bill, which has been in the works for four years, next year hoping it will gain more attention in light of current economic conditions and the precedent set in Massachusetts. (1)

If you or someone you know has an issue with alimony payments in Hunterdon County, contact the divorce lawyers at the Hunterdon County-based law firm - contact The Rotolo Law Firm, in Lebanon, NJ.

(1) http://www.thedailyjournal.com/article/20111205/NEWS01/312050028/Alimony-reforms-NJ-proposed

(2) http://www.huffingtonpost.com/elizabeth-benedict/alimony-reform-sweeps-the_b_1088169.html

(3) http://www.divorcehq.com/alimony.shtml

Holland Township Couple Fights for Custody of Newborn Son

Wed, 23 Nov 2011 08:00:35 -0500

Custody is defined as having the legal responsibility to care for and/or make decisions on behalf of a child under 18. (1) Most consider it a parental right, but there are times when the custody of a child can be threatened and the advice of counsel such as the family lawyers at The Rotolo Law Firm may be warranted.

Various factors can threaten custodial rights. You can be engaged in a custodial battle with an ex-spouse or you can lose custody to authorities as a result of abuse or neglect allegations. Often in divorce, agreements can be reached whereby parents have shared custody or at least visitation rights. Fighting to regain custody from child welfare authorities can be a different story. One Holland Township couple has found themselves engaged in such a battle for the past two years.

The couple, Deborah and Heath Campbell, lost custody of their three children in 2009 and just this week appeared in court once again – this time to fight for custody of their infant son. (2)

The Campbells first made headlines in 2008 when a request for a name on a birthday cake brought them to the attention of New Jersey’s Division of Youth and Family Services (DYFS). The couple had given their three older children names inspired by Nazis – Adolf Hitler Campbell, JoceyLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell. When they asked a supermarket employee to put Adolf Hitler, their son’s name on the birthday cake, the employee refused. Child welfare authorities somehow learned of the incident and began investigating the couple. The investigation led DYFS to remove the children from the couple’s custody, claiming there was evidence of past violence in the household and that the children were in danger of harm. (3)

Just last week, Mrs. Campbell gave birth to another son, whom the couple named Hons. Only hours after the child’s birth, reports stated, child welfare authorities took charge of the child and denied the couple contact with him. (2)

The couple went to court in Flemington this past Monday in an effort to regain custody of the baby, claiming authorities took the infant without a court order. Officials from DYFS have not commented publicly on the matter, but the judge hearing the case denied the couple’s request for custody. The couple’s other three children remain in foster care. (2)

Custody matters can be complicated and agonizing. If you are involved with custody issues in Hunterdon County or a surrounding county, contact The Rotolo Law Firm in Lebanon, NJ.

(1) http://www.womenslaw.org/laws_state_type.php?statelaw_name=Custody&state_code=GE

(2) http://usnews.msnbc.msn.com/_news/2011/11/22/8952917-parents-of-adolf-hitler-campbell-lose-custody-of-newborn-hons

(3) http://www.nj.com/news/index.ssf/2011/11/nj_officials_take_custody_of_b.html

Increase in Income Following Separation Can Be Considered When Determining Alimony Payments

Sat, 12 Nov 2011 09:37:18 -0500

When a couple comes to an agreement to terminate their marriage, getting a court to make it official usually is not an issue. Resolving the associated aspects of divorce is where it can get complicated. If you are seeking a divorce in Hunterdon County, the family law attorneys at The Rotolo Law Firm can assist you.

Divorce is an emotionally trying process for all involved. Once a couple has come to terms that their relationship is over, they still must deal with the often heated issues related to the dissolution of their marriage -- child custody and support, fair and equitable distribution of assets and, perhaps the most contentious of all, alimony.

Alimony is a payment of support from one spouse to another. In New Jersey married couples are responsible for supporting each other. This holds true even after the marriage ends. Alimony is designed to ensure that both spouses can enjoy a lifestyle reasonably similar to the one they had while married. (1)

A New Jersey statute gives courts a list of 13 factors they can consider when determining alimony awards, including need and the ability of one spouse to pay. (1) That ability is based on recorded earnings during the marriage and sometimes, as recently confirmed by an Ocean County Superior Court, immediately following separation.

On November 1 Superior Court Judge Lawrence Jones, in hearing Dudas v. Dudas, ruled that an increase in Mr. Dudas’ income, which occurred almost immediately following his separation from his wife, can be considered when deciding the amount of the alimony award. (2)

Mr. and Mrs. Dudas were married for 26 years during which time Mr. Dudas earned an estimated $40,000 annually. Soon after Mrs. Dudas filed for divorce in 2008 Mr. Dudas experienced a significant increase in salary, earning $64,000 in 2009; $76,000 in 2010; and an anticipated $68,000 for 2011. (2)

In considering this case, Judge Jones gave particular attention to 4 of the 13 factors: need and ability to pay; the lifestyle enjoyed by the couple during their marriage; earning potential of both spouses; and other evidence considered relevant. Two other factors Judge Jones considered were the cost and the “momentum” of the marriage. (3)

According to the Judge, specifics of this case showed that Mr. Dudas’ ability to succeed and increase his earning potential was made possible by the support received from Mrs. Dudas throughout their marriage. He further ruled that ignoring the increased earnings would make it impossible for either spouse to enjoy a lifestyle similar to what they had while together. (2)

The nuances of divorce are complicated and can vary case by case. If you or someone you know is going through a divorce in Hunterdon County, The Rotolo Law Firm divorce attorneys can help. The Rotolo Law Firm, in Lebanon, NJ, is on Route 22 close to the intersection of Route 22 and 78.

(1) http://www.njdivorceonline.com/njpages/Alimony/alimony.asp
(2) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202521259101&slreturn=1
(3) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202522350523&hubtype=MAIN%20PAGE