Category Archives: Family Law and Divorce
The Garden State is notorious for imposing harsh alimony orders on divorcing spouses. The American Bar Association even called New Jersey resident Ari Scochet “the poster child for alimony reform” after his debilitating spousal support debts transformed him from wealthy portfolio manager to destitute prisoner bouncing in and out jail. Alimony reform groups have spent years battling for more lenient laws, and now, they may finally get their wish, thanks to a new compromise bill introduced by Assemblyman Charles Mainor (D-Hudson).
If you’re a regular reader of the Maselli Warren legal blog, you may have already noticed our ongoing series about marriage risk factors. So far, we’ve examined the pros and cons of variables like age, education, income, and health; but what about faith? Are members of certain religions more likely to get divorced?
“In sickness,” the traditional marriage vow goes, “and in health.” But if the disheartening results of a recent study are any indication, perhaps it’s time for those adoring words to be rephrased. The results of a long-running study conducted by researchers at the University of Michigan are finally in, and the verdict is a depressing one: illness significantly increases the risk of divorce. At least, it does if you’re a woman. But just how much worse do your marital odds become? And perhaps more importantly, why?
People change, and couples drift apart. It’s unfortunate, but sometimes it happens. When it does, there isn’t necessarily a person or an action at fault — it’s just part of life. When a couple wishes to divorce without pointing to a specific cause, it’s called “no-fault divorce.” In other words: irreconcilable differences. Of course, only a portion of all divorces are no-fault, leaving the remainder classified as fault-based divorces. Fault-based divorces can be driven by adultery, imprisonment, drug abuse… or by other, much stranger causes. In this blog post, our family law attorneys take a look at some of the world’s strangest stories of reasons that were cited in a divorce.
A few weeks ago, we wrote a blog post about measurable factors that affect the divorce rate. We found that variables like age, income level, and educational degree have a significant statistical impact on the national divorce rate. In a nutshell, the conclusion among divorce experts was that the older, wealthier, and more educated you are at the time you get married, the more likely your marriage is to pass the test of time. On the other hand, the younger, less affluent, and less formally educated you are, the more likely you are to end up filing for divorce later down the road.
In our last post about divorce rates, we focused on how “positive” factors drive marital success. This time around, our New Jersey divorce attorneys are taking a closer look at how and why “negative” factors have the opposite effect. In particular, we’ll examine the documented phenomenon of marriage and age, and why divorce rates increase if you’re under 25. Continue reading
Divorce has become an increasingly prevalent part of American society. Until the latter half of the twentieth century, divorce was considered scandalous and taboo, a dirty secret to be swept under the rug — or better yet, avoided at all costs. As the years passed, however, divorce gradually evolved into an almost casual fact of American life. Vague statistics commonly cite the “fact” that “50% of all marriages end in divorce,” and Generation X- and Y-ers shrug nonchalantly at a social institution their grandparents would have only whispered about behind closed doors. But how many people really do get divorced, and what factors affect the divorce rate? In this entry, our New Jersey divorce attorneys explore divorce trends and contributing causes over the years.
If a divorced couple’s child allegedly commits a crime, one parent may wonder what influence the actions or inaction of the other parent had on the incident. If one parent feels that the other parent is responsible for the crime committed by the child, they may even decide to initiate litigation. Feeling financially victimized by a five-figure robbery purportedly committed by his own son, father John Paleski opened a lawsuit against mother Joanna Cali on the basis of parental negligence in 2010. But in a recent ruling, a New Jersey appeals court has dismissed the case, saying that no laws were actually broken by Cali.
Divorce can be many things: painful or liberating, slow or rapid, fault-based or no-fault, and so on and so forth. Just as each couple is unique, each divorce is unique in kind. However, virtually all divorces have one unfortunate trait in common: they’re expensive. And when it comes to racking up zero after zero after zero, no one does it better (or bigger) than the rich and famous. The most expensive divorces of all time could have collectively financed the creation of a small country, and we’ve compiled them all here for your guilty reading pleasure. You might want to get one hand ready beneath your chin, because otherwise, by the time you make it to the bottom of the list, your jaw will have dropped to the floor.
Gay marriage: a controversial, emotional, and politically-charged topic that has raged across America throughout 2013. From staunch social conservatives on one end of the spectrum to gay couples and human rights activists on the other, everyone seems to have a strong opinion about the matter. But in the raging storm of media chaos about the legal merits of gay marriage, something else, something closely related, has silently fallen by the wayside: gay divorce law. As states across the country battle to permit or suppress same sex marriages and the year draws to a close, the inevitable question is finally beginning to break the surface of the churning political waters: what happens when a same sex marriage hits the rocks?
Everyone hopes for their marriage to succeed, but unfortunately, sometimes it just doesn’t go that way. When a marriage does end in divorce, some ex-couples negotiate a plan for alimony payments, or “spousal support,” to pass from one party to the other. Pre-nuptial agreements, which are optional to make prior to weddings, can also lay out alimony blueprints in the event of divorce. In most states, ex-spouses are given the legal option to waive their right to receiving alimony payments. But in New Jersey, alimony is mandatory — and it’s permanent.