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When is an agreement reached? Can an agreement be reached before the Marital Settlement Agreement is signed by both parties? Are verbal agreements binding (i.e. legally enforceable) when they arise during conversations at home, during conferences with attorneys, or at mediation?
What if one party believes that an issue or the entire case is settled and the other party denies that an agreement exists? Then what? Evidence of an agreement would certainly be helpful to your position.
If you or someone you know is in this type of situation, it is very likely that you have heard the term “Harrington Hearing”. Typically, the spouse whose position it is that a settlement agreement exists will likely seek relief from the court in the form of a Harrington Hearing. A Harrington Hearing is a court hearing consisting of any and all testimony and evidence relevant to whether an agreement exists.
There are ways to avoid a dispute over whether an agreement exists. As a practical matter, the best evidence is when the terms of a settlement are typed or written onto a document that bears both parties’ signatures. Many times, attorneys put settlement terms on the record when an agreement is reached at court. In addition, most mediators advise their clients that settlement is not final until the parties have agreed to the terms outlined in the Mediator’s Memorandum of Understanding.
A family law attorney can be extremely helpful in these types of situations because he/she will know when and what to put on paper. Is it wise for you to piecemeal your settlement or only settle your case from a global perspective? Our firm can help. Call us at (908) 879-9499 to schedule a consultation.
There is always something happening in Newark, New Jersey so I knew this morning would be no different. I opened the heavy chamber doors and entered the Judge’s courtroom. Waiting for my case to be called, one could not sideswipe the fact that the courtroom was packed – like Kim Kardashian’s Louis Vuitton suitcase. The Judge was on the bench illuminating his vibrant personality – as always, he would not disappoint this crowd today. This particular brisk and sunny morning was notably more memorable than others. There were far more people sitting past the bar, which elevated interest right away to anyone who was fortunate enough to be a part of the audience.
At first, it appeared to be your usual cast of characters. There was the wife siting to the right. She was strikingly beautiful and appeared surprisingly composed. Her attorney, who sat immediately to her right, appeared relaxed, poised but noticeably bothered. There was an interpreter, repeating every word to the wife in Spanish. The interpreter whispered, “Es un regalo y nada mas.” Her attorney argued, “Judge, the father-in-law gave the parties the money. It was a gift, Judge. My client will not repay monies which will serve only to unjustly enrich the Defendant.”
The Judge’s eyebrows elevated far into his hairline. “Defendant certifies to this Court that the monies were a loan. He certifies he must repay this money to his father. Your client would, as a result, be unjustly enriched, counsel. This would not be a fair result, contrary to the objectives of the chancery division!”
To my left was the Husband; a robust young man, evidently upset and distraught. His hand met his head several times throughout the hearing; his forehead wrinkled with stress. He gawked at the Judge repeatedly as if to subliminally persuade the Judge he was right. Husband’s counsel was standing with his right arm raised towards the detailed vaulted ceiling, as to call the attention of the One above. A bit dramatic, he was most certainly effective. His theatrical gesture, revealing tone and three-piece Armani suit was fittingly convincing. “You see, Your Honor, the money could not have been a gift, it was a loan. Wife wants to benefit financially from this, Your Honor. She is being greedy. Pigs are greedy. Pigs get slaughtered.” I told you he was dramatic.
The Judge had heard enough. “Do you have a promissory note, signed by both parties? Do you have cancelled checks? Do you have proof of the interest paid or a portion of the base amount paid? No! You don’t! I have nothing before me to indicate this was a loan.”
Everyone in the room understood. This one was not going to be easy.
To complete the cast of characters, to the far left was an elder man, approximately in his late 60s. He had an interpreter lagging with a 15 second delay. The popular senior was allowed to intervene as a third party holding an interest in the outcome of the case. He sat up straight and had his sweaty palms grasped securely on his lap. He was holding onto the Judge’s every word. Next to him was his lawyer who commendably repeated, “It was a loan! It was a loan!”
The Judge continued, “Here is what I will do. I will order that the monies be held in trust for the benefit of the parties’ two year old son to be utilized towards his college degree.” Well, there’s a twist. I could almost hear an applause from the audience; but, then again, that might have just been me witnessing a judge vexing to do the right thing. How beautiful. “If there are any objections to this, I will hear them now.”
Fifteen seconds later, “Alguien en contra …” The elder man raised his hand as high as did the sassy lawyer. The interpreter appealed, “I object. It was a loan and I want to be repaid.”
The Judge sighed and shook his head. He ordered a hearing. The wife and the husband would be required to spend thousands of dollars on a mini-trial for what could have been easily prevented with a simple document evidencing the intent of the parties.
Distinguishing whether monies were intended to be a gift or a loan can be costly to both parties. We can help you gather the information you need to prove your case. Contact an attorney at Iandoli & Edens, LLC to learn your rights. We are here to help. 908-879-9499.
Ending a marriage is never easy. It is a process that often involves not only financial, but also emotional strain. However, it is possible to prepare for your divorce. The best preparation is having knowledge of your family’s finances. Often in a divorce case one spouse is at a disadvantage because he or she did not handle the finances during the marriage due to other responsibilities. If you are considering divorce, it is an essential first step to gather as much financial information as possible. Important documents to obtain include, but are not limited to, income tax returns, bank records, credit card statements as well as retirement and investment account statements. It is a good idea to make a list of your assets and debts prior to consulting with an attorney. It is also crucial to be aware of your monthly budget, which will help determine your financial needs. In order to best assess your budget begin retaining a copy of all bills and receipts for your expenditures and track your expenses each month.
The next step is to consult with a matrimonial attorney who specializes in family law. An experienced family law attorney will not only be able to navigate you through the legal process, but he or she can also effectively deal with the added emotional component that is inevitably part of the divorce process. The attorneys at Iandoli & Edens dedicate their practice exclusively to representing individuals with family law issues. Our attorneys are here to help you through the divorce process. Please call us at (908) 879-9499 to schedule an initial consultation.
Whether you are paying alimony or receiving alimony, or about to pay alimony or about to receive alimony, a recent case may be applicable to your situation.
Typically alimony is based on the standard of living enjoying during the marriage. You would assume that it is also based on the earnings during the marriage. However, that’s not necessarily the way it will work. A recent case made it clear that under certain circumstances a court can consider the earning capacities of the parties that include earnings beyond that earned during the marriage. The court said it can look at a principle called the “momentum of the marriage” to determine if that caused the higher future earnings. If so, and all the other criteria relevant to the case are satisfied, a payor spouse’s current earnings, even if higher than those earned during the marriage, can be used to determine the amount of alimony to be paid.
Should you have any questions about alimony, do not hesitate to contact one of the attorneys at Iandoli & Edens at (908) 879‑9499.
Eva Longoria, the “Desperate Housewives” actress who recently split from NBA player, Tony Parker, took on a rather interesting and optimistic approach when communicating about her divorce; “I am not letting this take over. Something great is around the corner – I can’t wait to see what’s going to happen.”
Actor and film producer, David Arquette, recently faced divorce proceedings from actress Courtney Cox, who is best known for her role as “Monica” on the hit TV series “Friends”. The ex-Hollywood couple has been reported to remain friends and to cope with the fact that their marriage simply failed – without blaming the other. Mr. Arquette has said that going through a divorce is a difficult process; “It’s heartbreaking and it hurts really bad. It can really mess with your head.”
Longoria’s positive outlook and Arquette’s welcoming style are nothing short of admirable. Let’s face it – it is difficult to look on the brighter side when facing a divorce. After all, your world may be splitting in half – sometimes, literally. Unfortunately, the resulting depression and sadness so inherit in divorce can overwhelm. All too often, litigants spend good money after bad being angry – trying to get even with their soon to be ex-spouse.
No matter who you are, divorce has the deep and real potential to take over your mind; but, the way you react is totally up to you. Optimism and hopefulness is exclusive to those who are able to look past the perceived injustice of it all. Confidence in a new beginning is paramount.
It really does not have to be so bad. Divorce does not have to destroy and you should not let it destroy you or your family.
Speak to an attorney at Iandoli & Edens, LLC today who can help you get through the divorce process with optimism and confidence. We are here to help. Contact an attorney today at 908.879.9499.
It is not uncommon for a spouse who has filed a Complaint for Divorce to question his/her decision. Given the many emotions that surface during divorce proceedings, sometimes a spouse may wonder if he/she should give their partner one last chance.
Spouses should give special attention to their present circumstances when making this decision. If the reconciliation does not last and the spouse who previously dismissed their Complaint now wants to re-file their Complaint, his/her support obligations and/or share of equitable distribution may have substantially increased or decreased since the time of the initial filing. In most cases, the courts will look to the date of the second filing (re-filed Complaint) in making impactful financial decisions.
If you or someone you know is in a similar situation, it may be wise for that person to meet with a family law attorney to discuss the particulars of their situation and any alternative they may have. In some cases, spouses may choose to execute a Reconciliation Agreement whereby certain spousal expectations are delineated along with agreed upon financial distributions if a divorce occurs. Our attorneys are here to help you. Please call us at (908) 879-9499.
Happy New Year! 2012 is upon us and of course, New Year’s resolutions are in order. Here are some New Year’s resolutions to keep in mind:
1. Resolve to be enlightened. Surround yourself with knowledge. Many married individuals are terrified to file for divorce due to financial reasons or because of concerns pertaining to their children. Resolve to inform yourself about the law surrounding these issues. Understanding your rights will render a better you in 2012.
2. Resolve to save money. People find clever ways to save money from skipping a Venti latte Frappuccino extraordinaire in exchange for a delightful homemade cup of Joe. Others prefer to skip the exquisite restaurant dinner and opt for a budget-friendly domestic meal. The Court may be able to grant further financial relief if you elect to file a modification application to decrease your child support obligation or alimony requirement based on significant and permanent change in circumstances. If your application holds merit, the Court can decrease your support payments which can certainly help you keep your head above water in 2012.
3. Resolve to help others. Community service is a rewarding experience. Soup kitchens are always accepting volunteers, hospitals need caretakers and not-for-profit organizations will gladly accept donations. There are so many other small ways you can help. All too often, litigants facing a divorce or contentious parenting issues with the Court system experience immense stress and may feel alone and as if they have no one to turn to. Resolve to be a non-judgmental friend who will be there for the individual in grief and provide that special shoulder to cry on. Helping those in need – even in the smallest ways – will make the biggest difference for 2012!
Contact Iandoli & Edens, LLC today. We are here to help you in the New Year – just as we have for the past 18 years.
According to research on stressful life events, divorce ranks #2, just below death of a spouse. In fact, divorce is considered a more stressful event than incarceration!
So, if you are facing a divorce, how do you get through it? Kim Kardashian, hours after announcing her divorce from Kris Humphries, fled toAustraliafor some de-stressing. Similarly, Demi Moore headed toHawaii, after announcing her intent to divorce.
For those whose lives are a bit more complicated other forms of stress relief are available. It is important during this extremely difficult period to make sure to make time for yourself. If you are not OK, taking care of your job, your children and other responsibilities can become almost insurmountable. Meditation, yoga, exercise and pilates are all good forms of stress relief.
One of the most important things you can do for yourself is to find a lawyer who is not only an expert in the field of family law, but also is compassionate and trustworthy. If you are comfortable with your lawyer, you can leave a lot of the day-to-day divorce issues in his or her hands.
Our law firm’s goal is not only to get you the best result, but to make the entire process as stress free as possible. For an initial consultation, call one of our divorce lawyers today @ (908) 879-9499.
Surprisingly, statistics are showing that divorce after 60 is on a continuous rise. This may in part be because the baby boomers are creating a large population of people over 60. More people means more divorces.
Another concept, however, which has roots in a study in Japan is known as “Retired Husband Syndrome”.* Couples who have had very busy lives raising children, putting them through college, surviving (or thriving) during the early empty nest years are often woefully unprepared for the reality of the husband’s retirement. This is most commonly an issue in families where the wife has been a stay-at-home mom. When suddenly faced with their husband being home on a full time basis, stress and discord can occur. Incompatibilities that have been simply not addressed for years can come to the forefront.
In other cases, the past may simply catch up with an unsuspecting couple. Arnold Schwarzenegger, age 63 is being divorced by his wife Maria Shriver, allegedly because of past infidelities.
Whatever the reason, divorcing after 60 has a unique set of issues which set it apart from other divorces. Although it is rarer to have custody disputes, other considerations arise. Retirement plans can already be in pay status and continuation of medical insurance can raise grave concerns.
The team of divorce attorneys at Iandoli & Edens are well versed in the issues of divorce after 60. Call one of our experienced lawyers @ 908 879-9499 for a consultation today.
* Japanese Society of Psychosomatic Medicine by Nobuo Kurokawa
How much alimony will I have to pay?
How much alimony will I receive?
If you have a case involving alimony, both the party paying and the party receiving the alimony want and need to know what that amount will be. Unfortunately, there is no simple answer. There is no statute, case law or court rule which gives a specific dollar amount or percentage amount. To the contrary, the courts have indicated for years and recently reaffirmed that there is no formula. There is a statute that governs alimony in New Jersey. The statute lists 13 factors. The 13th factor is anything that the court deems relevant to your case.
If you are contemplating a divorce, you will want to know whether or not alimony will be involved and, if so, how much. Contact Iandoli & Edens at (908) 879‑9499 for an appointment with a knowledgeable attorney who will have a frank discussion with you regarding this issue.
