Recently, two trial court decisions have been issued which will be particular importance to parents going through divorce or parents who are already divorced. Each case warrants individual attention and check back for a more thorough analysis in the near future.
If you are receiving alimony in New Jersey, you have some difficult decisions to make if you decide you want to remarry. Under NJ law, alimony terminates upon the remarriage of the recipient regardless of the individuals financial circumstances at the time of the remarriage. There is certainly a benefit to moving on with your life and it is almost impossible to put a price tag on happiness. However, it would be imprudent to ignore the financial consequences of this next stage of your life.
Perhaps you genuinely need the ongoing alimony payments for financial support. Maybe you spent a great deal of time and money negotiation the alimony terms of your settlement and now risk losing the benefit you bargained for. Be honest with yourself over the long term stability of your new relationship. Are you willing to risk the security the alimony may provide. Should the new marriage end, your prior alimony award is not reinstated.
If you are hedging your bet and decide to simply live together with your new significant other, you may not be on solid ground. Whereas remarriage results in an automatic terminaton of alimony, c0habitation can result in a modification or termination of the alimony obligation as well. It is not autiomatic and depends on the particular facts and circumstances. If you are divorced, receiving alimony, and contemplating remarriage you would be well advised to consult with an experienced divorce attorney to review your situation and assess your risks.
On the flip side, if you are paying alimony, your remarriage does not impact your alimony obligation. However, be vigilant as the developments in your former spouse’s life. Are they cohabitating? Have they gotten engaged or remarried? Should you learn of these developments, consult with your attorney to see if you are entitled to relief.
What is divorce mediation?Mediation is a method of resolving your divorce without using traditional litigation. Medication is one technique of Alternate Dispute Resolution. In some cases it can be beneficial. Other cases may not be suitable for mediation.
Do not believe the often repeated claims that mediation will be quicker, less expensive and “friendlier” than traditional litigation. I have been involved in many cases where this has not been true.
Speak with you attorney about mediation to learn the import at differences between working with a mediator and working with your own attorney.
Make sure your mediator is a licensed attorney with experience in family law. An individual does not need to be an attorney in order to act as a mediator under the current rules.
Know when to switch gears. Just because you started mediation does not mean you need to see it through to the end if you are not comfortable with how it is going.
Work with your attorney to implement a strategy for your case and an approach designed to effectuate that strategy.
What happens in the courthouse?Fortunately, many people do not have experience with the legal system before the are facing a divorce, a domestic violence case, or a child support hearing. However, this lack of experience can lead to unnecessary fears and frustrations when the time eventually comes for them to walk through the courthouse doors.
Be prepared and there is no need for concern
One of the keys to a successful outcome in court is to be prepared. This is where The Durst Firm can offer invaluable assistance. I have literally spent thousands of hours in courthouse throughout NJ. With this experience I am able to prepare my client as to what they can expect: is there parking? is it free? where is the judge’s particular courtroom? will I need to go through security? where are the restrooms. While these concerns may seem trivial, nothing is trivial when your life is directly involved.
How can attorney help with my simple case?
The hours I have spent in the courthouse have been supplemented with hours at the office and hours attending Continuing Legal Education (CLE) Courses. After examining the same issues present in your case from every possible angle, I am prepared to make the arguments to strengthen your position. Experience allows me to be comfortable addressing the Judge, enables me to anticipate counter arguments and develop responses on the spot. Outside of the courtroom, negotiation skills have been honed time and time again.
Simply put, experience matters. Even when a case appears to be simple, an attorney can be valuable resource. If you are interested in having The Durst Firm represent you, contact us today.
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.
We fight so you don’t have to
