Articles Posted in Marriage

A couple of 14-carat gold wedding rings. Picture taken in Brazil, where 14-carat is the most common kind of gold used in jewelry. (Photo credit: Wikipedia)

The State Senate recently approved a bill that would change the way courts in New Jersey look at prenuptial agreements. Judges in divorce cases, under this bill, would be required to assess the conscionability of the prenup at the time the agreement was drawn up, in other words what is legally or ethically right, proper or fitting.(1) If, after reading the following, you need legal assistance with a prenuptial agreement, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

People enter into prenuptial agreements for a variety of reasons, the most obvious of which is to protect assets they are bringing into a marriage. (2) Prenuptial agreements, commonly referred to as prenups, can also help protect one spouse from the debts of the other; protect the inheritance rights of children from previous relationships; ensure that family property remains within the birth family; and also convey how you intend for your assets to be distributed upon your death. (3) (In terms of the latter, you should not neglect to execute other estate planning documents, such as a will, to ensure your wishes are honored.)

There has been much talk in the news in recent months regarding the differences between “marriage” and “civil unions,” particularly in light of Gov. Chris Christie’s veto last month of a bill that would have made New Jersey the eighth state in the nation to recognize same-sex marriages. Those opposing that bill claim that civil unions grant gay and lesbian couples the same rights as marriage; proponents of the bill disagree. (1) If, after reading the following, you need a Hunterdon County lawyer to assist you with your rights under marriage or civil union laws, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

New Jersey’s Civil Union Act was adopted in 2006 following the Supreme Court’s decision in Lewis v. Harris, in which the court ruled that New Jersey did not have to recognize same-sex marriages but had to grant same-sex couples the same rights as their heterosexual counterparts. A committee appointed to watch the progress of the Act has found that the Act does not quite live up to its purpose. As a result, a suit has been filed alleging that New Jersey violates the Constitutional rights of gay and lesbian couples by denying them equal protection of law. (1)

New Jersey service men and women no longer have to put off their wedding plans due to deployment to active duty thanks to new legislation signed into law by Gov. Chris Christie last week. The law allows for marriage by proxy for military personnel stationed overseas. (1) If after reading the following, you need a Hunterdon County lawyer that can assist you with a proxy marriage or other marriage issue, contact the family lawyers at The Rotolo Law Firm.

The new bill was a bipartisan effort sponsored by Republican Sen. Diane Allen and Democratic Assemblyman Herb Conaway. It gained full Legislature approval on January 9 and was signed into law on January 17. (2) As a result, New Jersey residents actively serving in our Armed Forces no longer have to put off the benefits of marriage merely because one of them is deployed for military action.

A marriage by proxy is one in which someone with a power of attorney stands in for the bride or groom who cannot be present for the wedding formalities. Proxy marriages are not new and, in fact, have been around for centuries — Napoleon married Marie Louise by proxy; a number of Japanese “picture brides” married their American husbands by proxy in the early 1900s; (3) and cosmonaut Yuri Malenchenko married Ekaterina Dmitriev by proxy while he was serving on the International Space Station. (4)

The wait may soon be over for couples seeking to marry in New Jersey as the State Assembly considers a proposal to allow for same-day issuance of marriage licenses. (1)

Some requirements for marriage licenses can vary by municipality (2), so if you have questions regarding laws governing marriages in Hunterdon County, the family lawyers at The Rotolo Law Firm can help. Basically, however, there is currently a three-day or 72-hour waiting period for marriage license applications in New Jersey. Originally, this waiting period was intended to make sure couples gave sufficient thought to what is supposed to be a lifetime commitment. (3)

Two Democratic representatives, Sen. Nicholas Scutari of Union and Assemblyman Lou Greenwald of Camden, last month proposed a bill that would eliminate this waiting period.(4) That proposal was approved this week by the Assembly Budget Committee and now awaits a vote by the full Assembly expected this Monday. However, a plan currently in committee has not yet been approved by the Senate. If that plan does not gain approval by Monday, efforts will have to start all over again. (5)

Groups on both sides of the controversial gay marriage issue rallied in Trenton recently in anticipation of the state Supreme Court’s possible consideration of the matter. (1)

On Tuesday, July 20, 2010, members of the National Organization for Marriage rallied at the Statehouse in support of traditional marriage, which is defined in a 1996 federal law as “between a man and a woman” (2). This rally was countered by the appearance of members of Garden State Equality, New Jersey’s largest gay rights organization.

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