Another celebrity divorce is in the news. This time Scarlett Johansson from her French husband, Romain Dauriac. According to lawyers for Mr. Dauriac the parties were in the middle of private negotiations when Ms. Johansson filed the Complaint for Divorce. If this is true, one might wonder why she filed the Complaint for Divorce. An educated guess would be that the filing was to preserve jurisdiction of the matter in New York State given that both parties are seeking residential custody. Mr. Dauriac is French and reports have indicated that he would like to move back to France with the parties’ daughter. While he may be ultimately successful in that wish, by filing in New York Ms. Johansson at the very least through her filing has assured herself that an American court will be hearing the issue if settlement negotiations fall through.
Custody is not the only reason to file a Complaint for Divorce while settlement negotiations are ongoing. Issues of support and equitable distribution can also be affected by the timing of the filing of a Complaint for Divorce. If you or someone you know has questions about divorce, please contact one of our experienced family law attorneys at IANDOLI & EDENS at (908) 879-9499 for guidance through the process.
Statistics say that approximately 50% of married couples will end their marriage through divorce. Given this statistic it would stand to reason that there is less shame attached to divorce now than there has been in the past. No doubt the “stigma” of divorce is lessening. After all, Donald Trump has been married three times and divorced twice. He has children with his current wife and both ex-wives. This did not stop us as a country from electing him President. In fact, not only were his multiple marriages rarely mentioned during the campaign, but his children from all three marriages were visible and supportive of him during the election. It was a real-life version of “Modern Family”. Unfortunately, despite the acceptance of divorce and remarriage in today’s society, many people going through divorce still feel a sense of failure. This makes sense. Although divorce is commonplace, it is never anyone’s goal when getting married. If you are a friend or a relative of a person going through a divorce, rather than a gasp of dismay upon hearing the news, a simple “What can I do to help?” will go a long way towards helping them through the divorce. While the “stigma” of divorce has lessened, the pain and challenges that a divorce brings still exist. If you or someone you know has questions about divorce, please contact one of our experienced family law attorneys at IANDOLI & EDENS at (908) 879-9499 for guidance through the process.
Parental alienation has become a very hot topic in recent years. Wikipedia describes it as “ …the process, and the result, of the psychological manipulation of a child into showing unwarranted fear, disrespect, or hostility towards a parent or other family member.” It is further described as occurring “ almost exclusively in association with family separation or divorce…” One of the first times parental alienation was brought to public attention was during Alec Baldwin and Kim Basinger’s acrimonious divorce. Mr. Baldwin, in and out of Court proceedings, accused Ms. Basinger of “brainwashing” their daughter Ireland and restricting his time with her. Ms. Basinger, on the other hand, accused Mr. Baldwin of being unstable and aggressive. Unfortunately, there are so many layers to parental alienation that it is extraordinarily difficult for the Courts to know how to manage this issue. Frequently the children are teenagers and if the damage has been done a simple change of custody will rather than resolve the matter will make things worse. If you are in a situation where you believe your children are being alienated from you, or if you believe you are being unfairly accused of alienation when it is the other parent’s own behavior that is disrupting the relationship between parent and child, call one of our experienced family law attorneys at IANDOLI & EDENS at (908) 879-9499 for guidance through this heartbreaking process.
A fascinating and painful news article came out of Great Britain today. A transgendered woman has been denied direct access to her children by the courts. Although this article comes from Great Britain it highlights the same issues that American Courts struggle with – What is in the best interest of the children? The answer is often not a straightforward one. Parents often disagree with each other and are diametrically opposed to what is in their children’s best interest. If the parents cannot agree then it is left to the courts to decide. In the Great Britain case the family in question was a member of an ultra-Orthodox Jewish community. The judge determined that no direct contact was in the best interest of the children out of concern that if there was contact the children would be ostracized in their community. This case is clearly an extreme case. However, custody disputes often arise in divorces. Custody disputes require not only skill on the part of the attorneys, but sensitivity. Our office has experience in addressing these types of matters. If you have questions about child custody please contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.
Pursuant to the Internal Revenue Service, W-2 forms should be mailed out to employees by no later than January 31st for income earned during the previous calendar year. While this is over two months prior to April 15th, the traditional tax filing day for most Americans, it is never too early to gather up your vital income information. It seems like April 15th comes earlier and earlier every year. It’s impossible to file your taxes without knowing your income. If you are considering getting divorced in 2017 this information is vital for a different reason. It is almost impossible to get a fair and equitable divorce without knowing the income of both parties. Income is the most important factor in most cases in determining alimony and child support. As in most instances, in the case of divorce knowledge is power. If you have questions about any aspect of the divorce process please contact one of our knowledgeable attorneys at IANDOLI & EDENS (908) 879-9499.
Donald Trump has just been sworn in as our 45th President, making Melania Trump the First Lady. I am sure no one is surprised that upon their marriage in 2005, they signed a Prenuptial Agreement. In fact, President Trump has been quoted as saying if she won’t sign a prenup, she’s not the wife for you.
So, are Prenuptial Agreements only for the wealthy and famous? Not necessarily. There are many reasons a couple may decide they want to prepare and sign a Prenuptial Agreement before they marry. Often, it’s a second marriage and if there are children of a first marriage, they want to protect them. In other scenarios, there is a family held business, or one of the couple is caring financially for an ill relative.
To learn more of the benefits and pitfalls of a Prenuptial Agreement, call IANDOLI & EDENS at 908 879 9499 for a free consultation with one of our experienced matrimonial attorneys.
Every day we read about the latest celebrity breakup. Brad Pitt and Angelina Jolie have been especially active in the headlines recently. Their divorce is especially difficult and sensitive because they are parents to young children. Children who most likely had no say in the divorce itself or the added attention that it has brought to their already famous family. We were happy to read the headline this week that Brad and Angelina are going to put up a “united front” in their divorce and are agreeing to seal sensitive records relating to their children. Children and their protection should always be the primary goal of all the adults involved in a divorce – from parents, to attorneys, to the Judge. It does not matter who you are, be it a Hollywood celeb or an average Joe, at the end of the day you are a parent and that bond will continue. Part of a successful divorce is not just ending the marriage, but building a plan for the future. If you have questions about the divorce process please contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.
Like most New Year’s Resolutions accomplishing the goal of getting a divorce is challenging. Both emotionally and financially. Much like losing weight successfully a successful divorce is not accomplished overnight but through careful planning and attention to detail. While moving forward with a divorce may be the ultimate goal many people have no idea where to start. For example: Does your spouse have any idea this is your New Year’s Resolution? If not, how do you break the news? If you have children, do you have a plan as to who will have custody? Do you have a list of all of your assets? Equally important, do you have a list of all of your debts? Have you considered how you are going to reach your goal? Through mediation or litigation? These questions are just the beginning. If you have questions about the divorce process please contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.
The headlines this last week of 2016 are full of unexpected deaths, most notably Carrie Fisher and George Michael. Both were taken far too young and our deepest condolences go out to their family, friends and fans.
Unfortunately, as tragic as these deaths are, unexpected death is not uncommon. Compounding the tragedy is that often people who die young or unexpectedly do not have an Estate Plan; or even a Last Will and Testament. This leaves the survivors struggling not only with the grief of losing a loved one, but the very real problems that death brings. Sometimes people believe they do not need a Will because they do not own anything of value. This is not the case. Even the most humble of estates have difficult questions that need to be answered. It might be as straightforward as: Where does your loved one want to be buried? Or as complicated as: Who is going to finish raising their child? No one wants to think about dying, but planning for the unexpected by having a Last Will and Testament can be one of the best gifts you can give to your friends and family.
If you want more information about estate planning contact one of our attorneys at IANDOLI & EDENS (908) 879-9499 and we will help you come up with a plan that works for your family.