In a recent divorce case in which Salvaggio Law Group was involved, the husband initially took the position that he should receive “custody” of the parties’ dog, even though the couple’s child was living with his wife.

In the end, the husband agreed to allow the dog to remain at the house where the wife and child resided, but insisted that he have the right to have the dog accompany the parties’ child on all visitations with him.

The Asbury Park Press reports that a growing number of divorces involve pet “custody” issues.

A survey by the American Academy of Matrimonial Lawyers (AAML) found that 25% of the respondents noticed an increase in cases involving pets.  Ken Altshuler, President of AAML, observed that “Judges are viewing them more akin to children than dining room sets. They are recognizing that people have an emotional attachment to their animals.”

Mr. Altshuler anticipates that pet-related issues will continue to grow in the field of family law.  He believes courts will eventually develop guidelines for pets, similar to the ones currently used for children in divorce cases.

Some States are amending their laws to grant protection to pets under domestic violence restraining orders.  The reasoning behind such laws is that abusers can use pets as another way to threaten their victims.  Mr. Altshuler predicts that this trend will continue to grow.

New Jersey divorce courts, however, still classify pets as “property.”  In the 2009 case of Houseman v. Dare, the New Jersey appellate court noted that pets can be distinguished from other forms of property, because they have a “unique sentimental value,”

The Houseman Court concluded that a divorcing couple’s agreement about sharing time with a pet can be enforced, even though it refused to adopt the same “best interests” standard which is used to determine child custody.

Three of the many factors which a court could take into consideration in deciding the issue of which spouse will retain possession of the pet after a divorce might include: (1) who spent the most time with the pet; (2) which parent will have primary custody of any children; and (3) who took care of the pet’s basic needs.

Salvaggio Law Group LLC devotes its entire practice to New Jersey Divorce and Family Law matters, and we are certainly sensitive to issues involving pets.  If you want to talk, please call us at 973-855-3595 or fill out the Contact Form on our website.

We really are here to help.

There is now a movement in New Jersey, as well as in several other States, to fundamentally change the rules for determining alimony.

A recent article in The New York Times detailed the reform effort, which has been spearheaded by alimony payers who hope that, among other things, a revised law will curtail permanent alimony and ease the financial burdens which they believe that alimony imposes on them.

A joint Resolution recently introduced in the New Jersey State Legislature proposes the creation of a Blue Ribbon Commission to Study Alimony Reform.  The Commission would be empowered to consider an array of issues relating to alimony, including a comparison of New Jersey alimony laws to those of other States.

This reform movement has drawn some concern from those in the legal profession.  In a recent article, Susan A. Feeney, the President of the New Jersey State Bar Association, expressed the need for caution.  Calling the current call for reform “misguided,” Ms. Feeney notes that New Jersey currently has one of the most comprehensive alimony laws in the nation.

Under the present New Jersey alimony laws, courts are directed to consider no less than 13 different factors when determining alimony.  Some proponents of alimony reform advocate replacing those factors with a simple formula, which would eliminate the discretion that New Jersey judges currently have in determining alimony awards.

New Jersey Family Court Judges are now permitted to take into account both financial contributions (like income), and non-financial contributions (like raising the children).  Revising the current laws may impede a judge’s ability to take into account the unique circumstances of each case.  Ms. Feeney cautions that any reform to alimony should examine all of the issues at stake and the potential impact that reform will have on the lives of both spouses.

The legal issues facing both parties in a New Jersey divorce case can be complicated, especially when it comes to alimony, and it’s vital that they obtain the expert guidance of a New Jersey family law firm that has the experience and resources to properly represent their interests.

Salvaggio Law Group LLC devotes its entire practice to New Jersey Divorce and Family Law matters.  Call us at 973-855-3595 or fill out the Contact Form on our website.

We really are here to help!

In New Jersey, divorce litigation often takes more than a year. Recently, politics have been making that process even longer.

A fight between the Governor and State Senate over the approval of Governor Christie’s Education Commissioner has led to a shortage of judges in New Jersey.  The Governor is not appointing any new judges until the State Senate approves his nominee for Education Commissioner. This has left vacancies in various courts all over New Jersey.

The family courts in Essex County have been hit especially hard by this political fight.  Five years ago, Essex County had four (4) judges who handled exclusively divorce cases. Today, there are none.   This has led to such a backlog of cases that all divorce trials have been suspended until more judges are appointed. No new divorce trials are being scheduled and many divorce trials that were already scheduled have been cancelled.

So how can someone seeking a divorce get around this mess and hopefully resolve their case? The answer is to use a divorce process that allows you to avoid the court system.

Salvaggio Law Group LLC has long advocated the use of alternative dispute resolution processes, such as Divorce Mediation, Collaborative Divorce Practice, Cooperative Divorce Practice and Divorce Arbitration.  All of these approaches can result in quicker resolutions and help divorcing couples avoid the costly litigation process.

If you believe you may be able to benefit from one of these alternatives to divorce litigation, call us at 973-855-3595 or fill out the Contact Form on our website.

We really are here to help.

It is very common for a New Jersey Divorce Settlement Agreement to provide that one spouse waives his/her right to the other spouse’s Retirement Plan, such as a 401K Plan.

Most of the time, however, the spouse remains the named beneficiary of the Retirement Plan until then, because neither party is supposed to change any beneficiaries during a divorce case.

Therefore, it is absolutely essential that, as soon as your New Jersey Divorce Settlement Agreement is final, you go ahead and change the beneficiary – - that is, unless you do not mind your retirement benefits being paid to your ex-spouse after your divorce despite the waiver in the Settlement Agreement.

In 2009, the United States Supreme Court concluded that the Estate of a husband whose wife had agreed to waive her interest in his Pension when they got divorced, but who later died without changing the beneficiary, could not force the Pension Plan Administrator to pay the Pension benefits to the Estate!

On March 20, 2012, however, the Estate of a New Jersey resident in a similar case was able to convince the United States Court of Appeals to allow the Estate to sue the ex-wife to enforce her waiver, after she received the disputed retirement plan proceeds.

Although this case provides a possible remedy for correcting the husband’s mistake, it came only after years of costly litigation.  All that could have been avoided if the mistake had not happened in the first place.

At the end of each divorce case, Salvaggio Law Group LLC takes the time to remind clients of the things they need to do.  This “extra step” can provide clients with tremendous value and save a lot of money and heartache in the future.

If you believe that you may be able to benefit from an “audit” of your divorce settlement, including suggestions about any action which you may be able to take, call us at 973-855-3595 or fill out the Contact Form on our website.

We really are here to help!

A study of its kind not seen for decades by the U.S. Census was recently released and found that residents of states in the South and West are more like to marry and divorce, while northeastern residents wait longer to marry and are less-likely to divorce, the Associated Press reports.

New Jersey, along with New York, Massachusetts and Connecticut were among the lowest in divorces, according to the new study.

While statistics may suggest there are fewer divorces in New Jersey than in other states, statistical analysis alone tells us little. For many, getting out of an unhappy or unhealthy marriage is the best move of their life.  For some, it can be a difficult decision, one they consider over a matter of months.

Regardless of the circumstances, it is a complex process and one that has long-lasting effects. Therefore, consulting with an experienced New Jersey Divorce Lawyer can help ensure your rights are protected.

The study does make some interesting observations, however. About 19 per 1,000 men were wedded, while the number was 17.6 per 1,000 women in 2009. About 9.2 of every 1,000 men and 9.7 of every 1,000 women had a divorce finalized.

Southern and Western states had the most weddings, but also had the most divorces.

Researchers attributed lower divorce rates in the Northeast states to more education and waiting longer to get married. Younger couples and those with less education are factors in divorce, along with socioeconomic status. The study also found that the South and West have many transplants from other parts of the country and they are left with less of a network of support.

In 1970, about 57 percent of men were between 20 and 24 when they first married. According to the 2009 numbers, only 24 percent married in those years of their life. The percentage is evenly distributed as the age rises. For women, about 42 percent were teens and 88 percent 24 years old when they married in 1970, while the percentage dropped in 2009 to 7 percent as teenagers and 38 percent at 24.

The recent Great Recession was also a factor in why people have decided to wait to marry, considering the financial implications of making long-term commitments in a shaky economy.

But even those who marry at an older age can get divorced. No one is immune. And while statistics show a positive outlook for New Jersey marriages, they can’t cover every situation.

A New Jersey Divorce Lawyer will be able to assess your situation and come up with sound ideas to help you come out of a divorce financially stable, with a solid child custody or support situation, while avoiding harmful post-divorce taxes and with the ability to move on with your life.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 973-855-3595 or fill out the Contact Form on our website.

Additional Resources:

Census: South, West lead US in marriages, divorces, by Hope Yen, Associated Press

As our law firm recently wrote, U.S. Census numbers show that fewer first-time couples are making it to the 25-year mark in a marriage.

Whether a couple has been together for 30 years or 3, the process of divorce in New Jersey can be painful and have a long-lasting emotional impact. But an aggressive and dedicated New Jersey Divorce Lawyer can ease the transition from married to single.

There are ways to go through a good divorce, The Huffington Post recently reported. Some of the good must come through the help of each spouse. But much of the pressure and frustration of divorce can be taken away through an experienced divorce lawyer. Knowing how to negotiate, using strong argument and problem-solving, and understanding a client’s rights are all skills for an experienced divorce lawyer brings to the table.

Here are the Huffington Post tips about easing the divorce process:

Is the marriage really over? Consider couples counseling if you’re not convinced the love is lost. Even getting treatment during the divorce can help.

Can you treat your soon-to-be-ex with respect? At one point you were in love enough to get married.

Can you put the best interests of the kids ahead of your own? This can be a tough time for them and parents can use kids as a shield, which can make things worse.

Communication is key. You used to be able to talk things over. Can you do it now?

Can you avoid the courthouse? Many people believe all divorces must be decided by a judge. But handling the major issues or all the issues out-of-court saves time, money and frustration. You don’t want another person telling you how to live your life. Try to figure it out among yourselves.

Find a good attorney. A good New Jersey Divorce Lawyer can be a problem-solver and can reduce the stress and strain of divorce.

Be mature. This is a tough situation and feelings are hurt and egos are bruised. Can you try not to get overwhelmed? This is another area in which therapy and counseling can help you get through the divorce process in a more productive way.

Try not to be greedy. Many spouses want to “stick it” to the other in order to make themselves feel better. It rarely does. Conversely, you and your attorney need to stick up for your rights and ensure the future financial well-being of you and your children.

Have a game plan. Know what your goals are and what will be best to help you move on, keeping in mind your spouse is doing the same. Be realistic.

Be honest. Many spouses like to play games and try to best the other during the divorce. This will just make you feel more frustrated, angry and hurt. Try to act like adults and finish the process in as easy a fashion as possible.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 973-855-3595 or fill out the Contact Form on our website.

More Blog Entries:

Legal Help in New Jersey Divorces After Long-Term Marriages: August 16, 2011

Additional Resources:

Can You Have a Good Divorce?, by Henry Gornbein, The Huffington Post

A recent survey in the United Kingdom states that “falling out of love” is the new top cause for divorce, taking out “infidelity” as the No. 1 reason, The Globe and Mail of Toronto reports.

Whatever the reason, getting a divorce in New Jersey can be one of the most difficult decisions a person can make. For some, even if times are getting difficult and even if a spouse cheats, couples choose to stay together and work through the problems. For others, the time has come to get out of a bad marriage and consulting with a Morristown Divorce Lawyer is the best place to start to protect your rights and your future quality of life.

There are two categories of grounds for divorce in New Jersey — no-fault and fault.

No-Fault Grounds

Irreconcilable differences: This is a vague term that is the easiest to satisfy. It simply means that the couple has differences that have caused their marriage to breakdown for six months. They can remain living together while the divorce takes its course.

Separation: If the spouses have lived apart for 18 months consecutively.

Fault Grounds

Extreme cruelty: Physical or mental cruelty that makes living together difficult.

Adultery: When one spouse rejects another by entering into an intimate relationship with another person, regardless of any sex acts performed.

Desertion: The willful leaving of a spouse by the other for 12 consecutive months. This can include spouses living in the same house, if they are not having sexual relations for that time period.

Addiction: If one spouse is dependent on a substance for at least 12 months.

Institutionalization: If a person has been institutionalized for 12 consecutive months for a mental illness.

Incarceration: Being jailed or imprisoned for 18 months or more.

Deviant sexual conduct: This means sexual conduct that wasn’t consented to by the other spouse.

It’s obvious that there are many grounds for divorce in New Jersey, and fault grounds are more advantageous for the spouse who is seeking a divorce in terms of asset division and who may come out of the divorce in a better position. But as the survey indicates, infidelity — one of the more popular reasons for divorce  in any country — isn’t the main reason anymore.

According to the survey, falling out of love was the reason for 27 percent of divorces, followed by an affair — 25 percent, unreasonable behavior at 17 percent, a midlife crisis at 10 percent and emotional or physical abuse at 6 percent.

The survey was taken by 101 of the United Kingdom’s family lawyers and suggests that couples are willing to work through infidelity, but not a loveless marriage. Some experts say that growing apart is common because couples are so busy they don’t take the time to care for each other.

Whatever the reason, when a spouse chooses to divorce he or she must talk to an experienced attorney. Failure to protect yourself can lead to a lower quality of life and standard of living from which some may never recover.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 973-855-3595 or fill out the Contact Form on our website.

More Blog Entries:

Legal Help in New Jersey Divorces After Long-Term Marriages: August 16, 2011

Considerations When Filing for Divorce in a Struggling Economy: August 16, 2011

Additional Resources:

Infidelity no longer top cause of divorce: survey, by Madeleine White, The Globe and Mail

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 at 973-855-3595 or fill out the Contact Form on our website.

A recent article on MSNBC looks at five events or factors that can make a divorce easier to deal with.

Most would argue that divorce can be difficult, regardless of the timing of it or whatever outside factors affect it. Hiring an experienced New Jersey Divorce Lawyer can make a difference, however. An attorney who doesn’t know the best way to handle a Morristown Divorce can make the process even more difficult. An attorney shouldn’t add stress to the situation but instead should be there to take as much of the stress and emotion out of the equation as possible.

There are things to take into consideration when thinking about a divorce in New Jersey or elsewhere. Studies have found that with the effects of the Great Recession looming, including  high unemployment rates — at 9.5 percent in July, according to the U.S. Bureau of Labor Statistics –and other financial distractions, couples are less likely to divorce or get married in the first place. Stress from money is one of the bigger factors in couples getting divorced and therefore having an attorney who can keep keep your best interests at the forefront of the case can have a positive impact on your future standard of living and quality of life.

According to the story on MSNBC.com, here are five events or factors that can affect a divorce:

A bad real estate market:

At one time, the house was the most heavily fought over asset during a divorce. Whoever got to stay in the house and reap the benefits of a booming market might be considered the winner in a divorce, even if the other spouse got equal monetary assets to make up for leaving the house behind. Now, it’s a different story. With millions of foreclosed homes on the market, housing prices have dropped, causing the value of the marital home to be called into question.

For those who plan on living in the house for decades to come, this might not be a big deal. For those who may have to sell the house,  it’s a whole other story. Having to let a house sit on the market, perhaps up to a year or more, eats up the equity that is built into it and can produce a lower return.

An up-and-down economy:

The economy can impact those going through a divorce — just as it can impact everyone else. If both spouses need to rent a house or apartment, pay for a vehicle, buy food and other living expenses, the costs add up.

Bad credit:

Along with a shaky economy, having a poor credit score can escalate the stress of life.  If the split isn’t contentious, it may be helpful to let the spouse with the bad score build up credit for a period of time, or remain in the house and keep the car.

Minor children:

Child custody in New Jersey divorces can cause strife among parents and can lead to financial stress because of child support payments. But children of divorce are more likely to qualify for student aid.

Receiving an inheritance:

Laws vary on how property will be split. Most don’t apply to future assets, meaning an inheritance is usually protected.

If you need to speak with a divorce or child custody lawyer in Morristown, contact 973-855-3595 or fill out the Contact Form on our website.

More Blog Entries:

Court Award of Interest in Divorce Settlement Illustrates Need for New Jersey Divorce Lawyer: June 30, 2011

Additional Resources:

The best and worst times (financially) to get divorced, by Angie Mohr, Investopedia

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 at 973-855-3595 or fill out the Contact Form on our website.