New Jersey Family Law Blog

Divorcing an Absent Spouse Requires Detective Work

May 31, 2012 | Kearns Rotolo Law

Your marriage failed. You are convinced there is no saving it. You want a divorce. The problem is you have no idea where your estranged spouse is, and the law requires you inform him or her of your intentions before a divorce is granted. Does this mean you are at a dead end? Not necessarily. Courts can grant divorces under such circumstances provided certain requirements are met. If you need assistance with a divorce in Hunterdon County, the family law attorneys at The Rotolo Law Firm of Lebanon can help.

Whether your spouse has abandoned you – in itself, grounds for a divorce – or you have been separated so long that you’ve lost touch, not knowing the whereabouts of an estranged spouse is not an unheard of situation. Specific requirements to obtain a divorce under these circumstances, known as divorce by default, vary from state to state. (1) There are, however, a few basic guidelines to follow.

The first step in all divorces is to file an application, or petition, for divorce with the court in the county in which you live. Usually when you file this petition, your estranged spouse is served with notice of your intentions. When your spouse’s whereabouts are unknown, you should request an affidavit for service by publication, or “substitute service of process.” This affidavit requests the court allow you to notify your estranged spouse through publication of a legal notice in the newspaper rather than in person. By filing this affidavit, you are telling the court, under oath, that you have no knowledge of the whereabouts of your spouse. (2)

Annulment v. Divorce – What Is the Difference?

May 13, 2012 | Kearns Rotolo Law

English: Kris Humphries playing with the Dallas Mavericks (Photo credit: Wikipedia)

When the marriage of former NJ Nets player Kris Humphries and Kim Kardashian ended, Humphries sought an annulment over a divorce. (1) Both actions have essentially the same results – ending the union between a man and a woman – so what is the difference? If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

Both divorce and annulment are legal means to end a marriage. The major difference is an annulment states the marriage never existed; it is void in the eyes of the law due to circumstances that existed as the relationship formed. Divorce, on the other hand, recognizes that problems developed during the marriage causing the relationship to disintegrate beyond repair. (2)

Ex-Spouses Are Still Entitled to Receive Social Security Benefits

May 1, 2012 | Kearns Rotolo Law

Marriage (Photo credit: Lel4nd)

Did you know that even after divorce you still may be entitled to receive Social Security benefits based on your ex-spouse’s contributions? It’s an area many divorced couples may overlook, but one that can be crucial to your the financial well-being.

According to an article on iVillage.com, one in five women age 65 and older relies solely on Social Security for her income. Social Security benefits are based on contributions which, in turn, are based on income. Women’s benefits, the article noted, are generally lower than men’s by an average of about 25%, partly because women spend more time out of the workforce taking care of family commitments and partly because, in many industries, women continue to earn less than men. (1) This is one reason not to overlook spousal benefits even after the marriage ends.

New Jersey’s Anti-Bullying Bill of Rights Marks Six-Month Anniversary

April 8, 2012 | Kearns Rotolo Law

Webcam (Photo credit: Wikipedia)

On Friday, April 13, the documentary “Bully” hits theaters across the country. The film aims to bring to light the growing epidemic of bullying that threatens our children. To help stem this epidemic, New Jersey six months ago passed the toughest legislation in the nation to fight bullying in its public schools. (1) If, after reading the following, you need a Hunterdon County lawyer to assist you with a bullying incident involving your child, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

New Jersey’s Anti-Bullying Bill of Rights, which went into effect last September, strengthened earlier laws on the State’s books by requiring all public schools to develop comprehensive policies against bullying. Previously schools were only encouraged to do this. (2) This law was passed largely in response to the Tyler Clementi suicide. Clementi was a freshman at Rutgers University; Clementi jumped from the George Washington Bridge after learning that his college roommate, Dharun Ravi, streamed video of Clementi’s tryst involving another man and invited others to watch. Last month, Ravi was convicted of multiple charges against him including bias intimidation, invasion of privacy and witness tampering. He faces up to ten years in prison and possible deportation when sentenced on May 21. (3)

Should Genetic Testing Be Required for All Parents and Newborns?

March 31, 2012 | Kearns Rotolo Law

Swedish Dads, Skansen (Photo credit: ChrisGoldNY)

Under most circumstances (with the possible exception of surrogacy situations), establishing maternity of a child is obvious. Establishing paternity is another matter. But is this uncertainty enough to require genetic testing for all new parents and babies? If, after reading the following, you need assistance from a Hunterdon County lawyer regarding paternity issues, contact the family law attorneys at The Rotolo Law Firm located in New Jersey, Clinton Township.

A New Jersey Assemblyman recently put forward a bill that, if adopted, would require all new parents and their babies to undergo genetic testing to establish parentage. Because maternity is usually easier to prove, the bill, admittedly, is geared more to determining paternity. The thinking behind such a bill is that establishing paternity from the start would alleviate the potential for future court battles and the heartbreak associated with them. (1)

A Look at the Legal Differences Between Marriages and Civil Unions

March 18, 2012 | Kearns Rotolo Law

WASHINGTON – MARCH 16: Sen. Dianne Feinstein (D-CA) listens during a news conference on gay marriage on Capitol Hill on March 16, 2011 in Washington, DC. Feinstein and sixteen other Democrats introduced a bill to repeal the Defense of Marriage Act. (Image credit: Getty Images via @daylife)

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)

Vague Wording Can Lead to an Ineffective Restraining Order

March 5, 2012 | Kearns Rotolo Law

Image by Getty Images via @daylife

Although New Jersey has the lowest divorce rate in the nation (1), break-ups do happen and when they do, tempers can flare. Sometimes those tempers get out of control. Restraining orders are designed to offer protection from a former or current partner who poses a threat. (2) If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation regarding restraining orders, contact the family attorneys at The Rotolo Law Firm.

New Jersey offers three types of restraining orders. Emergency orders offer immediate protection when courts are closed. Temporary restraining orders (TROs) are issued prior to a full hearing provided a judge finds sufficient evidence of potential harm. Final restraining orders are those issued after a full hearing at which each party is given a chance to present their side. They can stay in effect indefinitely; in fact, they do not terminate unless a judge sets an expiration date or either party files a motion to end or amend the terms of the order. (2)

Bill Allows for Reduced Child Support Payments In Face of Changing Circumstances

February 19, 2012 | Kearns Rotolo Law

Daily headlines are filled with stories of layoffs and dismal unemployment rates as our economy continues to flounder. People are finding it harder to meet their financial obligations as they face pay cuts or worse – loss of wages. Recognizing our current difficult financial environment, the New Jersey State Senate recently passed a bill that could ease child support obligations for the newly unemployed. (1) If, after reading the following, you need assistance with child support issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The State Senate on February 16 unanimously approved a bill that would enable people who have experienced a significant change in employment to petition the court for a reduction in their alimony and child support obligations. A “significant change” has been defined as having their wages reduced significantly or being unemployed for more than six months. (1)

New Jersey family courts have long had the authority to reduce support payments in the event of changed financial circumstances under common law. The new bill, however, makes this authority official. (2)

Where Children Are Concerned, A Name Change Is Not Necessarily A Simple Matter

February 5, 2012 | Kearns Rotolo Law

When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading the following, you need assistance with custody-related issues, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The New Jersey Appellate Court recently reversed a ruling by a Burlington County Superior Court judge granting a mother permission to change her children’s surname following her divorce from their father. While the couple shares legal custody of their two children, the mother is the parent of primary residence. (1)

The couple divorced in 2010, ending an 11-year marriage. Shortly thereafter, the mother changed the children’s surname to a hyphenated version of her and her ex-husband’s last names without consulting the children’s father. The father filed with the court to have his children’s name changed back. The mother countered with her own petition to change the children’s name to her own. (1)

NJ Supreme Court Win by Rotolo Law Firm Helps Pave Way to Passage of NJ Bill

January 27, 2012 | Kearns Rotolo Law

In an article dated January 5, 2012, Matt Friedman, Statehouse Bureau reported on the Assembly panel approval of a bill that removes the State’s two-year statute of limitations for lawsuits for child sexual abuse. Victor Rotolo’s 2008 landmark case paved the way for this change. Read Matt Friedman’s article here.