Can I keep the engagement ring if we break up?

Can I keep the ring if we break up?
An engagement ring is both a symbol of love and a significant investment/asset. As a divorce attorney, I am often asked what happens to the ring in the event the relationship ends. Can the woman keep the ring or can her fiancé demand it be returned. AS with many legal questions, the answer I must give is “It depends” As will be discussed below, the timing of the break up is the key factor in what happens to the engagement ring.
Engagement rings are a “conditional gift”
A conditional gift? What does that mean? Under NJ law, engagement rings are considered a conditional gift. This means that certain conditions must be met in order for the recipient to have the right to keep the ring. Given to signify the engagement and intent to marry, the wedding is the condition that must be satisfied in order for ownership to leally transfer to the recipient. Here is where the timing of the breakup is critical. If the relationship ends BEFORE the wedding takes place, the condition has not been satisfied and the ring is to be returned. It does not matter which party ended the engagement. On the other hand (no pun intended) if the wedding does take place and the relationship then ends, the condition HAS been satisfied and the wife can keep the ring.
Of all the issues in family law, this one is pretty clear cut. If you are using a family heirloom as an engagement ring, the law can lead to disappointing results and you would b well served by considering a prenuptial agreement that deals with the return of the ring in the event of a divorce.

Posted in Durst Firm News, Durst on Divorce | Tagged , | Comments Off on Can I keep the engagement ring if we break up?

Why should I hire a divorce attorney?

Why should I hire a divorce attorney?When faced with the reality of a divorce many people question whether or not it makes sense to hire an experienced family law attorney and incur the related costs. I know it may come across as self-serving, but I truly believe that individuals are bestserved and can obtain optimum results when they make the imvestment to hire an attorney who is focused on family law. 
The initial allure of obtaining a low cost divorce from an on-line source or a strip mall “divorce center” is strong. I get it. But the long term costs can significantly outweigh the initial benefit. 
Recently The Durst Firm was hired by a client who used on of the popular low cost divorce options. Now that post-judgment issues have arisen several years later, neither I, the executive-spouses attorney, or the judge are offered much guidance from the underlying documents. The consequence is the need for a time consuming and expensive plenary hearing. The moral of the story is that it’s better to do it right the first time. 
Years of experience have enabled me to address concerns that will likely arise. Doing so can be of great assistance in minimizing post-divorce conflict and expense. 

Posted in Durst Firm News | Comments Off on Why should I hire a divorce attorney?

A word about “special” days

A word about “special” daysThis weekend is Mothers Day. Fathers Day is around the corner. For parents and children going through a divorce these events can be stressful. 
For the parents, be flexible. Remember that although you may no longer be spouses, you are still parents. Respect the importance these special days hold and make sure the appropriate parent has time on “their” day. Keep in mind that these celebrations are important for the children as well. Make sure they feel comfortable celebrating the other parent. Showing your kids you can work together and respect one another is an invaluable lesson. 
In the custody and parenting time agreements I draft for clients the treatment of holidays are given significant attention. Work with your attorney to indentify the holidays and special times that are most import to you. One parent cannot monopolize the holidays. Working together helps insure everyone has special times with the children. 

Posted in Durst Firm News | Comments Off on A word about “special” days

Where to find information on child support in NJ

Child support can be confusing for many people. How is it calculated? How long do I have to pay? What expenses are included? What one aren’t?  While hiring an attorney can be of great assistance, it isn’t always necessary.  Even if you do choose to hire a lawyer, having some background information can be helpful.  The New Jersey Judiciary has developed information and resources that offer a great deal of information.  You can find it here:  http://www.judiciary.state.nj.us/probchild/index.html

Posted in Durst Firm News | Tagged , , , | Comments Off on Where to find information on child support in NJ

What if I don’t want my child support to be done by a wage garnishment?

In New Jersey, child support and alimony obligation’s can be paid directly to the recipient or they can be processed by the county probation department by way of a payroll garnishment. When I firstinform clients that the garnishment may be imposed against them many try to avoid this from happening.

The fact of the matter is that under New Jersey law a garnishment will be implemented if that is what the recipient wishes to have happen. Truth be told, there are many benefits to the payor having support garnishment. First, there can be no question over whether or not payments were made were made on time. Second, in the event of a dispute arises the probation department will have an independent verification of all payments that were made were missed.

And employer can take no action against an employee for having a child support or alimony wage garnishment implemented. It will be a process just like any other deduction. 

If you have questions about the payment of your support obligations or would like to have your support paid through probation, contact The Durst Firm for help.

le

Posted in Durst Firm News | Comments Off on What if I don’t want my child support to be done by a wage garnishment?