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The release of hacked information from the Ashley Madison dating website for married people has hit and hit hard.  It has been reported that New Jersey is number three in the country for the number of users.

Obviously, infidelity can rock a marriage to its core.  Before this utter devastation caused by the hack, infidelity, if discovered, was often known only to the three individuals involved.   For the people whose names are on the website, as well as the people who find their spouse’s name on the website, there is the additional dismay that friends, neighbors and family members can see them as well.  Unfortunately, this may lead people to react in a manner that is different than if they believe no one else is aware.

If you are affected by the Ashley Madison’s website hack, remember that the first and best response is  to speak to an attorney who knows family law, and find out what all your options are.

For more information, call one of our experienced divorce attorneys at IANDOLI & EDENS by phoning 908-879-9499, http://www.iandoliedens.com.

There are so many attorneys, you may be wondering where and how to start your search for your divorce attorney. One tip, of course, is to look at the attorney’s website. You may also want to ask professionals, such as other attorneys, therapists and psychologists. You may want to ask family members and friends and learn of their own experiences. Most definitely, you will want to interview the attorney you are considering. The attorney you hire should handle a significant amount of family law cases. Importantly, you want to have a rapport with that attorney. You don’t want to feel reluctant to discuss personal issues with your attorney. You want to be comfortable expressing your concerns and the matters that are most important to you.

For a consultation, call one of our experienced family law attorneys who know how to listen at Iandoli & Edens at (908) 879 9499 or click here http://www.iandoliedens.com to learn more about us.

Iandoli and Edens is collecting non-perishable food for the Backpack Program. It is a charitable organization which collects and distributes food to parents of children. If you would like to contribute, we will keep a box in our waiting room for non-perishable food items. The program has suggested:

•Cereal-low sugar, child friendly
•Canned tuna or chicken
•Macaroni “N” cheese
•Peanut butter and jelly
•Pancake mix and syrup
•Applesauce and fruit (single serve), no sugar added
•Shelf-stable milk
•Meals in a can, like Dinty Moore and Chef Boyardee
•Granola type snack bars
•Raisins, individually boxed

It is human nature for a person to consider spying on his or her spouse if cheating is suspected.    However, depending on the nature of the spying method, legal consequences may result.  The use of spying or surveillance equipment may be illegal.

According to New Jersey’s Wiretap Statute, it is a crime of the third degree to purposely intercept or endeavor to intercept any wire, electronic, or oral communication.  In White v. White, New Jersey’s first reported decision concerning the admissibility of a husband’s email communications between himself and his girlfriend accessed by wife’s computer expert from the family computer, the Court found that the wife did not violate New Jersey’s Wiretap Statute.  The Court made a distinction between emails stored or saved on the computer, as was the case in White, versus emails in active transmission.  For example, if a spouse accesses emails utilizing the other’s spouse’s password without their permission, it may be a violation of the Wiretap Statute if the emails are in the transmission stage.

Similarly, in New Jersey, the interception of cell phone communications by any type of interception device is illegal.  A person is only legally permitted to record a conversation if the person who is doing the recording is a party to that conversation.  Recording a conversation between your spouse and a third party is prohibited.

If your spouse has violated your privacy, you may be entitled to relief.  Contact an experienced attorney at Iandoli & Edens today to discuss whether or not you can sue your spouse for violating your privacy rights. You can reach us at (908) 879-9499 or click onto www.iandoliedens.com to discuss your rights.

In New Jersey, as in many other states, marital fault is not considered by the courts when making financial awards, either alimony or equitable distribution.  In other words, even though your spouse may have cheated on you or otherwise acted inappropriately during the marriage, you will not be able to receive additional marital compensation based on that fact alone.  The only exception is what is called a Tevis claim where a spouse can ask for monetary damages for physical or emotional abuse.  These claims are treated as a personal injury claim by the court.

To overcome this, many couples are building these claims into their prenuptial agreements, asking for specific monetary relief if their spouse commits a certain act.  For example, reportedly, pursuant to Denise Richards and Charlie Sheen’s prenuptial, either party would receive $4,000,000 if the other committed adultery.

A prenuptial can also be quite a bit more one sided.  It is reported that according to Michael Douglas and Catherine Zeta-Jones’ prenuptial, Catherine would receive $5,000,000 should Michael Douglas cheat on her.

Although it appears most common that married people feel they should be financially compensated for infidelity, prenuptial agreements can address other types of marital fault as well.  It is written that Nicole Kidman and Keith Urban’s prenuptial states that if Keith does any illicit drugs, he will forfeit the other provisions in the prenuptial that provide for him financially should they divorce.

To talk to an attorney experienced in preparing prenuptial agreements, contact one of the lawyers at Iandoli & Edens at (908) 879-9499.

        Jesse James, Tiger Woods, Senator John Edwards – what do they all have in common? 

        Accusations of adultery make the headlines but what does it mean in a divorce?  Generally, in New Jersey adultery is sexual intercourse between a married person and a person not the husband or wife of that person.  In New Jersey, you don’t get a divorce just because you want one.  You have to allege and prove one of the grounds for divorce.  Adultery is one of several grounds for divorce.  If you can prove that adultery occurred, you will be entitled to a divorce.  However, for the most part, proving adultery as opposed to any of the other grounds for divorce will probably not affect the finances in the divorce when it comes to alimony and equitable distribution.  In New Jersey, when it comes to alimony, the Court is to consider approximately 9 factors and any other facts relevant to the particular case.  None of the 9 factors consist of proving adultery.  In New Jersey, the statute for the equitable distribution of property lists approximately 14 factors and the last item is any other factor relevant to the particular case.  Again, none of the 14 factors consist of proving adultery.  Even when it comes to custody, assuming the adultery was discreet, alleging a ground for adultery may not necessarily affect custody.  While adultery is a factor to be considered, it does not automatically entitle one to receive more alimony or pay less alimony or to receive a greater or lesser amount of the distribution of the assets acquired during the marriage unless of course a pre-nuptial agreement provides otherwise.  Depending on the facts in the case, adultery may not even affect custody. 

        You can learn how adultery affects your case by calling us at (908) 879‑9499.