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Children Without Marriage – The New Norm For Women Under 30

February 20, 2012 in Child Custody by admin

According to Child Trends, a Washington research group that has analyzed government data, more than 50% of children born to American mothers under 30 years of age now occur outside marriage.

Even when all age groups are considered, less than 60% of American mothers are married when they have children.

One group resists the trend: college graduates.  About 92% of college-educated women are married when they give birth, compared with 62% percent of women with some post-secondary schooling and 43% of women with a high school diploma or less.

There are also large racial differences: 73% of black children are born outside marriage, compared with 53 % of Latinos and 29% of whites.

Almost all of the rise in non-marital births has occurred among couples living together. While in some countries such relationships endure at rates that resemble marriages, in the United States they are more than twice more likely to dissolve than marriages. According to research done at the University of Michigan, two-thirds of couples living together split up by the time their child turned 10.

Because the legal issues facing single mothers and separating unmarried couples are complex, it is important for them to select a New Jersey family law firm with the knowledge, experience and resources to properly represent their interests.  Over the years, many people in these situations have turned to Salvaggio Law Group LLC for legal representation.

To set up a personal and confidential appointment, call us toll free at 1-800-757-1220 or fill out the Contact Form on our website.

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Legal Help In New Jersey Divorces After Long-Term Marriages

August 16, 2011 in Divorce by admin

The Wall Street Journal recently reported on what seems to be an increase in couples seeking divorce in New Jersey and elsewhere after long-term marriages.

According to the U.S. Census, fewer first-time couples are making it past the 25 year mark, even as life expectancy has increased. That agrees with the observations of many divorce attorneys and financial planners, who say they are seeing more long-term couples calling it quits.

The longer the marriage, the more complicated it may be to disentangle yourself from your spouse during and after the divorce. In New Jersey divorce cases following long-term marriages, where alimony is warranted more often than not the alimony award is permanent—which means it will never end until either party dies, the supported spouse remarries or there is a substantial change of circumstances.

The disposition of businesses started or continued during the marriage, substantial investments made by one or both spouses, retirement assets, second homes, and the myriad state and federal tax issues that accompany the division of those assets are some of the other complicated issues which commonly face couples who divorce in New Jersey after long-term marriages.

Complicating matters is the fact that long-term marriages typically leave much less time for either party to rebound financially before reaching retirement age.  Consequently, the outcome of a divorce may determine your standard of living for the rest of your life.

The more complex the case, the more important it is to select a New Jersey family law firm with the knowledge, experience and resources to properly represent your interests.  Over the years, many people who need to end a long-term marriage which involves substantial income and assets, as well as complicated legal issues, have turned to Salvaggio Law Group LLC for legal representation.

If you would like to set up a personal and confidential appointment, call us toll free at 1-800-757-1220 or fill out the Contact Form on our website.

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Considerations When Filing for Divorce In a Struggling Economy

August 16, 2011 in Divorce by admin

Much has been made about the economy’s impact on divorce in New Jersey and elsewhere. At the depths of the Great Recession, a lower divorce rate was blamed on the economic downturn as couples stuck together out of necessity (or so the argument went).  Then the divorce rate rebounded with the economy.

In the current period of economic uncertainty, many couples who would otherwise not hesitate to divorce are waffling, because they are uncertain about the economic ramifications.  Whether you believe the statistics — or the prognosticators — the fact remains that divorce is a major life event on both the personal and financial fronts. The attorneys at Salvaggio Law Group LLC understand the challenges which are inherent in a divorce and can assist clients in preparing for the transition while avoiding some of the most common pitfalls.

The truth of the matter is that poorly executed divorces are a leading destroyer of wealth. Recently, MSNBC recently posted five situations in which when special care should be taken to protect your finances during divorce.  In each of those situations, it is essential that you have the guidance of a top notch New Jersey divorce law firm.

-Shaky Housing Market: When the market was hot, houses were selling quickly and for top dollar, and the biggest decision that New Jersey divorcing couples needed to make was how to divide all of the sales proceeds.  Now that the real estate market is struggling and many marital residences have little or no equity, it has created tremendous challenges which did not previously exist.  A situation which is often overlooked is when one party in a New Jersey divorce has credit score which is much lower than the other party.  If that is the case, it may be advantageous for the party with the lower score to negotiate to keep the house so that he or she is not faced with trying to obtain credit in the near future.

-Questionable Economy: Changing jobs, buying cars, buying houses or renting apartments can all be required as a result of divorce. Those big financial decisions, which have been made more complicated and often more difficult as a result of the bad economy, should not be made without the guidance of an experienced New Jersey divorce law firm.

-Damage to Credit Score: A divorce can make a poor credit score even worse. Job interviews and renting an apartment can be made more difficult. Buying a home or car can be impossible.  An experienced New Jersey divorce lawyer can help you navigate these difficulties.

-Young Children: Having children who are under 18 years of age always complicates a divorce. It is always beneficial to retain an experienced New Jersey family law firm, because even when the divorce is amicable, issues involving children frequently arise as the months and years go by. Who pays for braces, unexpected medical care and college? What if one parent gets a job offer and wants to move away? A good New Jersey divorce law firm can alert each party of those issues and make sure that they are covered in the Settlement Agreement, thereby saving a lot of headaches down the road.

-Your Inheritance: The implications of one party inheriting money before, during or after a divorce can be extremely significant, both with respect to property distribution and support.  Those implications are best explained by a New Jersey divorce lawyer who deals with those issues on an everyday basis.

The decision to divorce is a personal matter and, in theory, should have nothing to do with the state of the economy.  In the real world, however, getting sound legal advice is the most critical aspect of preserving wealth and your standard-of-living post divorce.

If you would like to set up a personal and confidential appointment, call us toll free at 1-800-757-1220 or fill out the Contact Form on our website.

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New Jersey Divorce: Some Basic Questions and Answers

August 2, 2011 in Divorce by admin

New Jersey Divorce LawyersAre you considering a divorce in New Jersey?  It’s a big decision and there are a lot of unknowns.  A good first step is to talk to an experienced New Jersey divorce lawyer.  At Salvaggio Law Group LLC, we devote our entire practice to New Jersey divorce and family law matters.

Here are a few of the most basic questions that people ask when they first contact us:

How much will my divorce cost?

It depends, of course, on what’s involved.  We take the time to get some preliminary information from each person who contacts us, so that we can begin to formulate an answer.  Obviously, cases in which there will be disputes about child custody and parenting time, child support, alimony and/or allocation of marital assets/debts will be much more costly than when both parties agree on all of those issues.

Unlike most other New Jersey divorce law firms, in many cases Salvaggio Law Group LLC offers fixed fee options, which eliminate the uncertainty of hourly fee billing

How long does it take to get divorced in New Jersey?

Again, it depends on whether or not the parties have disputes.  When there are no disagreements, it is not uncommon for the entire process to take as little as 60 days from start to finish.  On the other hand, when there are disputes which cannot be resolved without a trial, a divorce case can last for well over a year.  Our many years of experience in handling divorce cases has taught us that getting it done right is much more important than getting it done quickly.

My spouse and I agree on everything. Do I still need an attorney?

There is no legal requirement that either party have an attorney in a New Jersey divorce case.  However, without good legal representation, divorcing spouses often do not consider all of the necessary issues.  For example, how will income tax exemptions be handled?  Who will pay for the children’s college? If there are retirement funds, how do you go about dividing them? What if the house doesn’t sell? What about inheritance? Annual bonuses? Hiring an experienced New Jersey divorce law firm can help ensure that your rights are protected and that lingering issues do not come back to haunt you long after a divorce is finalized.

If you would like to set up a personal and confidential appointment, call us toll free at 800-757-1220 or fill out the Contact Form on our website.

 

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New Jersey Child Custody: Q&A with Morristown Family Lawyers

July 18, 2011 in Child Custody by admin

Child custody and parenting time issues can be among the most complicated and potentially NJ Child Custodycontentious parts of any New Jersey family law matter.

A parent’s relationship with a child is priceless and must be preserved.  Whenever our client’s spouse decides to use child custody as a pawn in a divorce case, our firm moves aggressively to protect the rights of the parent and to protect the emotional health and well-being of a child. We understand it’s personal. And we have the knowledge, experience and resources to handle even the most contentious New Jersey child custody cases.

Whenever there may be a child custody or parenting time problem, it is important to consult with a good New Jersey family law firm as soon as possible.  Here are three of the questions that we are often asked:

In New Jersey, can my child decide which parent he or she wishes to live with?

Although the decision is never solely up to the child, one of the factors to be taken into consideration under New Jersey child custody law is the preference of the child “when of sufficient age and capacity to reason so as to form an intelligent decision.”  What is a “sufficient” age?  It will vary in each case, but once a child reaches 14 years old, his or her wishes are almost always considered.

At the same time, as experienced New Jersey custody lawyers, we understand that a child can be improperly influenced by one of the parents, and we do not hesitate to bring that to the attention of the court.  In such cases, it is important to have a custody evaluation by a qualified mental health professional, and to insist that the court interview the child outside the presence of either parent.

Can my ex move out of the State of New Jersey with our children?

In our increasingly mobile society, relocation of the custodial parent with the parties’ children outside the State of New Jersey has become a much more common occurrence and raises serious issues about the ability of the non-custodial parent to maintain his/her relationship with the children.  Your attorneys must understand the law and move aggressively to protect your rights at every stage of the proceedings.

In New Jersey, a custodial parent cannot move out of state without the consent of the non-custodial parent.  If the non-custodial parent will not consent, the custodial parent must file a formal Motion with the court and obtain an Order authorizing the move.  Otherwise, the custodial parent is subject to sanctions, which can include a change of custody.  It is crucial that you retain a New Jersey child custody law firm which has handled several out of state relocation cases and knows exactly what you must prove to win.

In New Jersey, do grandparents have the right to visitation with their grandchildren?

This is another area of New Jersey child custody and parenting time law that has seen significant litigation in recent years. There is a separate Grandparent Visitation Statute in New Jersey.  If the parent objects to the grandparent visitation, the grandparents must file a Complaint with the court and must prove that such visitation is “necessary to avoid harm to the child.”  This may require the retention of an expert to perform an evaluation.  It may also necessitate a plenary hearing, at which each of the parties must testify in court and be subject to cross examination.  Therefore, it is extremely important to have an experienced New Jersey family law firm on your side.

If you would like to set up a personal and confidential appointment, call us toll free at 1-800-757-1220 or fill out the Contact Form on our website.

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Dodgers’ Bankruptcy a Cautionary Tale for Business Owners Dealing with New Jersey Divorce

July 1, 2011 in Divorce by admin

Well, at least they aren’t in Brooklyn anymore.

The Los Angeles Dodgers are due in court this week for an initial bankruptcy hearing, the L.A. Times reports.

It’s a cautionary tale about protecting a business from New Jersey divorce. Books could be written (books have been written) about the saga of the L.A. Dodgers and the divorce of the team’s owners. But, at the end of the day, the case is just one more business destroyed because of a lack of proper protections and the divorce of its owners.

In the latest move, Major League Baseball rejected a cable rights agreement between FOX and the Dodger’s believed to be worth $3 billion, saying it wasn’t in the long-term interest of the storied franchise, according to the New York Post.


 That move forced the showdown in bankruptcy court.

The TV deal was the latest attempt to resolve the 20-month divorce saga of Dodger’s owners Frank and Jamie McCourt. At one point, the judge threatened to order the team be put up for sale. And recently meeting payroll has been an ongoing struggle. MSNBC reported nearly $9 million in deferred compensation is due Manny Ramirez on June 30. The bankruptcy filing lists Ramirez as the team’s largest unsecured creditor — he is owed more than $20 million.

At issue is whether the Dodgers are community property for the purpose of the McCourt’s divorce. A one-day hearing is set to determine the issue on Aug. 4. If a judge rules the team is community property, a forced sale will be the likely result.

“And why would MLB approve the TV deal in the interim if the Dodgers have to be sold, possibly sticking a new owner with a below-market deal?” The L.A. Times wrote.  “It’s time for MLB to conclude its investigation, turn down the TV deal and officially seize the team. And no contingent divorce settlement should stop it from doing what’s right.”

The truth of the matter is divorce often spells the end of a family business. For most couples, the business is their most valuable asset. They are unable to work it together after divorce, and neither party wants to work to pay the other. The result, too often, is the sale of the business. Once taxes are figured, what’s left doesn’t go far.

In reality, the best time to ensure the survival of a business is either before marriage of during an amicable marriage. A pre-nuptial agreement can help. So can putting the business in trust. During a marriage, couples rarely have the desire or foresight to contemplate something as disagreeable as determining what’s in the best interest of a business in the event of divorce.

Once a New Jersey divorce is initiated, the identification and valuation of marital property is critical. And such determinations can be surprisingly complex. If one party owns a house before marriage but the mortgage is paid by both parties during the marriage, is it communal, personal or both? What about college degrees earned during the marriage? Retirement accounts? Inheritance?

And too often couples don’t pay enough attention to the other side of the equation — bills are marital property, too. Who pays this year’s taxes? And what about those joint credit cards?

Even identifying marital assets and liabilities can be a challenge — particularly when one spouse earns the majority of income and keeps the family’s books. In such cases, it can be even more critical for a spouse to consult with an experienced Morristown family law attorney at the earliest stage — even before notifying your spouse of your intentions to separate. Gathering the proper documentation and protecting your rights can be much easier before relations turn contentious on the homefront.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 800-757-1220 or fill out the Contact Form on our website.

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Court Award of Interest in Divorce Settlement Illustrates Need for New Jersey Divorce Lawyer

June 30, 2011 in Divorce by admin

Deal Book reports the chief executive of Credit Suisse has been ordered to pay more than $750,000 to his ex-wife for missing a 2006 divorce settlement payment by 12 days.

The court ruled he failed to timely pay $7.5 million — half of the $15.3 million from their 2005 divorce settlement. While the numbers might be larger than those with which many couples deal, the issue is not an uncommon one. Our Morristown, New Jersey divorce lawyers are dedicated to providing comprehensive representation to clients in all family law matters, including divorce, alimony, child custody and child support. Determining a divorce settlement can be a complex process that includes identifying marital assets and completing a fair and comprehensive appraisal. But, as this case illustrates, ensuring a client’s ability to timely comply with the final outcome is equally critical. In today’s economy, for instance, issues selling the marital home often impact a divorce settlement. Failure to include contingencies can cause significant legal issues for a spouse at the mercy of today’s housing market.

Complicating this case is the fact that half the payment had already been made. The defendant argued he was therefore liable for only $25,000, or interest on the second half of the settlement. However, the court ruled the divorce settlement called for interest from the date of the original settlement — putting him on the hook for more than a year’s worth of interest.

In addition to a divorce settlement, alimony in New Jersey may be awarded based on a number of factors, including:

-The need and ability of the parties to pay and the length of the marriage.

-Age and health of the parties.

-Standard of living established during the marriage and the earning capacity, education and vocational skills of each of the parties.

-Parental responsibilities.

-History of contributions to the marriage (both financial and non-financial) as well as the distribution of property at the time of divorce.

-The income available to both parties, including investments and the tax consequences.

Alimony may be awarded on a permanent, rehabilitative, limited or reimbursement basis. Rehabilitative alimony is meant to be short-term, as in cases where a spouse receives job training before re-entering the workforce. Limited duration alimony, also called term alimony, is typically awarded in cases of a short-term marriage. Reimbursement alimony is sometimes awarded to a spouse who made contributions to a former spouse’s training or career development.

Additionally, a judge may award alimony on a temporary basis while a case is pending. This makes consulting a New Jersey divorce lawyer a critical early step in the divorce process. Too often, one party to a divorce, typically the one surprised by the announcement of a partner’s attentions, finds himself or herself facing an award for temporary alimony, or without adequate financial support, before the need for an experienced attorney has been fully realized. Even in cases of “amicable divorce,” both parties should consult an experienced law firm at the earliest stage of such cases to ensure their rights are protected throughout the process.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 800-757-1220 or fill out the Contact Form on our website.

 

 

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Weiner Scandal Shows Dangers of Social Media in New Jersey Divorce

June 23, 2011 in Divorce by admin

The case of Representative Anthony Weiner illustrates the growing role social media plays in each of our lives. Facebook, Twitter and other sites may also play a role in a New Jersey divorce case.

As FOX News reports, the scandal born when Weiner sent a lewd picture of himself to a young woman via Twitter could be a contributing factor should his wife seek divorce.

Morristown divorce lawyers have seen the impact of social media on divorce and other types of family law cases, including child custody in New Jersey. While correspondence and evidence from these sites and others (including sites designed to help adulterous spouses find each other) can be used as evidence in a divorce case, what divorcing spouses say and do on sites like Facebook most frequently have an impact during divorce or child custody proceedings.

Attorneys disagree on whether sexting could be used as grounds for divorce; even as more and more affairs and accusations are prompted by online relationships. But what is certain is the damage a client can do to his or her case by posting online or in chat rooms. A general rule of thumb is not to post anything you would not feel comfortable explaining to a judge. That means pictures of your wild night out on the town with the guys, your expensive vacation, problems at work and issues with the children are best kept private. If you don’t think some of your friends are talking to your soon-to-be former spouse, think again. And such information can and does make it into the courtroom in divorce cases, child custody cases and arguments over child support or alimony.

In one of the more bizarre cases, CBS News reported a man was arrested for soliciting a teen on Facebook to kill his wife. Only the teen was a fake profile established by the wife to get the husband in trouble. Only the husband knew it all along and was just messing with the wife posing as the teen … You get the idea.

It wasn’t until a visit from the Federal Bureau of Investigation and four days in custody that the husband realized things had perhaps gotten out of hand.

Social media is a new communications medium. Studies are ongoing about how it impacts our interactions with one another. Early results show many are much less inhibited about what they post online — saying or doing things they would never say or do in person even though they are essentially one in the same. Combine that with the new freedom of the newly single, and due caution is appropriate when sharing via social media during a divorce or child custody case in New Jersey.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 800-757-1220 or fill out the Contact Form on our website.

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Father’s Day a Time for Reflection on Father’s Rights in New Jersey Custody and Child Support Cases

June 21, 2011 in Divorce by admin

Father’s Day.

For many fathers dealing with divorce it is a time for reflection and for a renewed commitment to doing what’s in the best interest of their children. Our Morristown child custody lawyers have worked with hundreds of fathers and we understand the frustration (even the discrimination) that is unique to fathers going through a New Jersey divorce.

Father’s rights are critical. The default system of child custody (visitation for the father every other week, alternating holidays and two weeks in the summer) is slowly changing. Several states, including Georgia, are in the process of considering joint custody mandates. Still, it is often the father who has an uphill battle in fights for child custody.

And the issue of child support is one upon which we could write volumes. You can’t even get a passport with significant back child support and that may be the least of your worries because your driver’s license may be suspended. In fact, you can’t even get a hunting or fishing license (no we didn’t just make that up).

Having a New Jersey divorce lawyer who understands the challenges and pitfalls can go a long way toward protecting your relationship with your child, as well as your financial and emotional well-being.  Unrepresented, however, a father can find himself facing one pitfall after another. The Center for American Progress is using the month of June to push for father’s rights. The center points out federally funded programs aimed at supporting fathers are dwarfed by the $5.8 billion child support enforcement program, which too often punishes father’s who are too poor to pay. What the center calls “token efforts focused on visitation” is another long-standing issue.

The downturn in the economy can make the consequences of falling behind on child support all too real. The amount of child support taken from unemployment checks has tripled in the last two years. Consequences of nonpayment can include imprisonment, loss of driver’s license, wage garnishment and even the public humiliation associated with having your picture published in the newspaper or put on television.

Ensuring child support is established properly and revisiting the requirements after a change in job status can both go a long way toward ensuring a father does not suffer the worst of these consequences. But a father must remain proactive and out in front of the issue. Waiting until serious arrears develop can complicate matters. In any event, contacting an experienced Family Law attorney in Morristown is the first step to protecting your financial well-being and your relationship with your children.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 800-757-1220 or fill out the Contact Form on our website.

 

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New Jersey Single Mothers: Think Twice Before Marriage

June 14, 2011 in Divorce by admin

The Houston Chronicle reports that single moms are more likely than their peers to later experience health problems because of the stress of taking care of a child without a spouse.

New Jersey Divorce Lawyers understand the stress and anxiety people can have when they go through a divorce and we work with our clients to see them through the process. The study, published in the June 2011 issue of American Sociological Review, evaluated data from the National Longitudinal Survey of Youth, which tracked 13,000 men and women between the ages of 14 and 22, from 1979 to now.

The analysis of data found that woman who have children out of wedlock are more likely to suffer from medical problems when they reach 40 years old, compared to women who were married when they gave birth.

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