Is child custody in divorce cases moving towards (or already at) a presumed 50/50 split?  That is one of the first questions that is frequently asked at an initial consultation with a divorce attorney.  The answer is complex, bringing in many factors.  It is true that the Courts seem to be leaning towards the children having as much contact with both parents as possible.  One of the factors to be considered, however, includes the ages of the children, whether they are very young or teenagers.  Another dynamic is the working responsibilities of the parents, such as frequency of business travel or shift work.  Further, since one of the factor in child custody is the best interest of the children, their individual personalities come in to play.  To find out more about whether 50/50 custody is the best answer in your divorce, call IANDOLI & EDENS now at 908 879 9499 for a free consultation with our divorce and custody experts.

Now that a member of Trump’s staff has resigned because of allegations of domestic abuse perpetrated against two ex-wives, the topic is again being brought to the forefront.  Many people still believe that domestic violence only occurs in families with drug addictions, alcoholism or poverty.  Over and over we hear, “how can it be possible?” (s)he is a CEO, doctor, businessperson.  He or she is liked and well respected in the community.  Everyone should be reminded that domestic violence crosses into each and every part of our society.

In New Jersey, marital settlements are determined by many different factors, including, length of the marriage, assets each party may have brought in to the marriage, as well as intangible issues such as how “fair” each party wants to be with the other, or how much do they want to fight. Although many if not most celebrity divorces are sealed, it was known that Tiger Woods paid $750,000,000 in his divorce, Mel Gibson $425,000,000 in his and Michael Jordan $168,000,000 in his.  Obviously, each of these divorces have a wide and varying range of facts, the most important first step is to speak with an attorney and get the factors that will affect your particular case.  Your settlements will most likely not be in the range of these celebrities, but to get the facts for your case call one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.

The passing by the House of Representatives and the Senate of their respective tax reform bills has certainly been headline news over the past month. President Trump, Representatives and Senators on both sides of the aisle have provided sound bites on the reform.  What has been significantly overlooked by the mainstream media (at least in the opinion of a divorce attorney) is the proposed changes to alimony.  Under the current tax law alimony paid by one spouse to the other is deductible by the spouse paying alimony and includable in the gross income of the spouse receiving the alimony.  This has been the law for decades.  Under both versions of tax reform bill this would no longer be the case.  Alimony would not be deductible by the payor spouse.  Nor would it be included in the payee’s income.  The tax impact on the parties could be significant.  Fortunately, it appears that parties who were divorced prior to the end of 2017 will be grandfathered in under the current law.  However, moving forward the new tax law will certainly have an impact on alimony negotiations between parties.  Additionally, there are many other potential changes in tax reform bill, including changes to the tax brackets and allowable deductions.  It is likely that not only alimony, but child support will need to be reevaluated based upon the new tax reform bill if it becomes the law of the land.  We at Iandoli & Edens, LLC will be following the status of the tax reform bill closely in order to serve our clients.  If you have any questions about the divorce process, please call Iandoli & Edens at 908-879-9499.

Often when a marriage ends, especially with very short term marriages, one party may wonder whether to file for an annulment rather than a divorce. While a divorce terminates a marriage, and an annulment decrees that the marriage never existed.  However, it is much harder to prove grounds for an annulment than a divorce in the State of New Jersey, which has the option of Irreconcilable Differences.  For a while now, celebrities have opted for annulments.  For example, Dennis Rodman and Carmen Electra were married for 9 days before an annulment was filed on the grounds of incapacity (drunkenness).  Britney Spears and Jason Alexander’s 2 ½ day marriage was also annulled on the grounds of incapacity.  Kim Kardashian and Kris Humphries’ marriage lasted 72 days and was annulled on the grounds of fraud.  Renee Zellweger and Kenny Chesney lasted a full 128 days before an annulment, also on the grounds of fraud.  In New Jersey, you can obtain an annulment on the grounds of fraud, duress, bigamy, one party being under the age of 18, inability or unwillingness to consummate the marriage; one party concealing their inability to conceive; incapacity (lack of ability to consent) or incest.  For more information of the intricacies of Annulments call one of our knowledgeable attorneys at IANDOLI & EDENS; 908 879 9499.


Have you as a couple (whether opposite sex or same sex) or as a single parent considered adoption? Perhaps the horror stories that spread the news have scared you away- birth parents taking their children back, children adopted from foreign countries that have serious emotional or behavioral issues, children from the foster care system that seemingly cannot “fit in” to their adoptive homes, prospective adoptive parent(s) waiting years for a child.  Remember, these dreadful stories make for better news, and the thousands of positive and wonderful adoptions are not printed.

Of course, giving birth to a child is not a guarantee for success either.  But putting that aside, there are paths to follow and decisions made along the way to help ensure an adoption triumph, including domestic vs. international; race or mixed race; infant or older child.

Some think adoption is only for celebrities, that they are pushed to the front of the line because of their fame and wealth.  This is simply not the case.  Sheryl Crow, Madonna and Sandra Bullock, all adoptive parents and celebrities suffered glitches along the way- everything from local laws to long exhausting years before a child was placed with them.

To make sure that you have all the information you need for your particular adoption so that you can make the best decisions for your family, call one of our experienced adoption attorneys at Iandoli & Edens at (908) 897-9499.

Jennifer Garner and Ben Affleck keep to themselves

With the marriage of Jennifer Garner and Ben Affleck heading to a divorce after a failed reconciliation, the two now have to decide out how to split up their fortunes as well as all of the issues surrounding their children. More likely than not, as is the case in most celebrity divorces, Garner and Affleck will have their two attorneys attempt to iron out a settlement before taking it to Court.   However, if that does not work, they are much more likely to hire a private mediator or arbitrator to help settle the case. Much of this has to do with the fact that they do not want their private lives detailed in a public forum such as an open Court.  It is for this reason that so few celebrity divorces go to trial or are seen in the news.   Mediation is not only for celebrities.  The rest of the populace can also greatly benefit from mediation as opposed to litigation.  Some of the main reasons are time and expense, but there is also the idea that the parties ultimately get to decide their fate as opposed to a Judge who is bound by a set of laws and rules that very well may not be the best fit for a couple.  A more detailed list of benefits is on our firm’s mediation website here: 

If you have any questions about mediation, please call our firm at 908-879-9499, for a free consultation to see if mediation is a good fit for your needs.

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.