NJ Law Blogs

How Will a Divorce Affect Your Health Insurance Coverage? During marriage, it's common for one spouse to maintain health coverage for the entire family through his or her group health insurance plan at work. After a divorce, coverage for the other spouse and the children could terminate. St...

The Early Settlement Panel (ESP) Divorce litigants in the State of New Jersey are required to participate in non-binding mediation, otherwise known as the matrimonial Early Settlement Panel. Experienced matrimonial law attorneys in New Jersey volunteer their time to assist litigants and their law...

A New York DWAI Could be Used to Enhance the Penalties of Your Current New Jersey DWI Conviction In a recent Superior Court of New Jersey Appellate Division case, State v. Zeikel, the question of sentencing for repeat offenders of New Jersey DWI laws was addressed. More specifically, the Appellat...

Preparing for a Custody Evaluation in New Jersey Often times New Jersey divorce lawyers provide guidance and direction to their respective clients concerning the custody evaluation process. In the event that NJ divorce litigants are unable to amicably resolve custody issues, it is typical f...

Significant Burden Must be Overcome for Success on Post Conviction Relief A defendant charged and convicted of a 2nd or subsequent New Jersey DWI may wish to file a Petition for Post Conviction Relief (PCR) for a number of reasons. One such reason was raised during the trial of Karen Weil (State ...

If You are Arrested for Drunk Driving in New Jersey Call an Experienced NJ DWI Lawyer New Jersey law enforcement officers, including local police officers and State Troopers, have a goal of preventing drunk driving in New Jersey during the last days of summer. The New Jersey Division of Highway T...

General Duty to Provide for a Child's Education In general, parents in Ocean County, New Jersey have a duty to financially provide for their children's college education. That proposition was put forward in the seminal 1982 New Jersey Supreme Court case of Newburgh v. Arrigo. However, there tends...

Beach Haven Police Crack Down on Underage Drinking and Fake ID on LBI Recently, Beach Haven Police Officers and State of New Jersey ABC investigators have been cracking down on underage drinkers frequenting local taverns. If you or someone you know is in need of a NJ Fake ID attorney, we can help...

Point Pleasant Beach, NJ – Villani & DeLuca is pleased to announce a new addition to the firm. Michael C. Ayres, Esq. joins the firm as an associate and brings a tremendous wealth of family law knowledge. Mr. Ayres has been focusing on family law since 2003. While pursuing a J.D. at Seton Hall Un...

The Offenses that may Disqualify you as a School Employee in NJ During this time of year, many recent college graduates with a degree in education are looking forward to an exciting career in a New Jersey school district. It is important to be aware that there might be situations in which you wil...

Does A Child's Brief Hiatus From Attending College Support A Finding of Emancipation In New Jersey? In New Jersey, a child is not automatically emancipated from his or her parents at age eighteen. This means that child support obligations to the child can continue into his or her adulthood ...

How to Get a Spouse to Pay Counsel Fees Pursuant to the case of Williams v. Williams, 59 N.J. 229 (1971), an award of counsel fees in a New Jersey divorce action is within the discretion of the court. The Williams case stands for the proposition that the court must look at the requesting pa...

Drivers in Ocean County and Monmouth County: Beware of Red Light Cameras In New Jersey, traffic control signal monitoring systems, also known as red light cameras, are currently in use in a few municipalities throughout the state as part of a pilot program. The municipalities chosen are par...

Does Voluntary Retirement Lower Child Support Payments? New Jersey case law provides a test for determining whether voluntary retirement constitutes a change in circumstances that would justify a reduction in child support. In the 2007 case of Lissner v. Marburger, 394 N.J.Super. 393 the Co...

Custody Neutral Assessment Program The Custody Neutral Assessment Program was developed by the Ocean County Family Law Committee together with the Ocean County Bar Association and the Superior Court of New Jersey, Chancery Division, Family Part, Ocean County. A custody neutral assessment is an as...

Collaborative Divorce in New Jersey This blog post is the first in a series of three posts that will explain the basic contours of the collaborative divorce process in New Jersey. A good place to start a blog post series on collaborative divorce is to enumerate the pros and cons of the collaborat...

Arbitration is an Alternative Means of Settling Legal Disputes Couples in New Jersey can choose to end their marriage in or outside of court, through several different methods.  Although it is recommended that spouses attempt friendly, cooperative methods such as collaborative divorce, some...

Arbitration vs. Mediation Going through a divorce is a stressful and expensive process for most couples, especially if they choose to resolve the terms of their divorce through a court trial.  In New Jersey, spouses have the option of working out a divorce agreement on their own, without in...

Retirement Does Not Automatically Reduce Alimony Payments The state has an interest in the payment of alimony. Alimony is designed to provide a former spouse with a way to support themselves after a divorce, which prevents that former spouse from becoming a financial burden on the state. The form...

Who Can Claim the IRS Dependency Exemption? The IRS dependency exemption is a tax benefit usually enjoyed by the custodial parent. However, there are instances where the non-custodial parent can use the dependency exemption. The dependency exemption, like other issues to be settled in a New Je...

Emancipation Under New Jersey Law Emancipation occurs when a child is legally released from both the control and the support of his or her parent(s).  This means that the parent can no longer make decisions for the child and the child is no longer entitled to financial support from the pare...

Does the Child Determine Which Parent to Live With? If you are getting a divorce in New Jersey, and child custody will be an issue in that divorce, a court may, or may not, choose to interview your child to help the court determine the best custody arrangement for your child. In New Jersey as in ...

The Tax Implications of Giving and Receiving Alimony Alimony is the payment of funds from one ex-spouse to another, either to maintain the receiving party in a standard of living comparable to that enjoyed during the marriage, or to compensate the receiving spouse for special contributions ...

Marital vs. Separate Property With respect to the division of marital property, New Jersey is an ‘equitable distribution' state. The touchstone of equitable distribution is fairness to the parties, not equality of distribution. Thus, in a New Jersey divorce action, the marital property is not nec...

Length of the Divorce Process A divorce is like a snowflake, in that each are unlike any other of their kind. The number of unique factors in each divorce proceeding means that there is no hard and fast answer to the question of how long any particular divorce proceeding will take. Nevertheless, ...