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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.

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Ever wonder what a Confidentiality Agreement is? Or perhaps you have heard it called a Confidentiality Order or Protective Order. These documents are used in family law for many reasons. The broad purpose of these orders is to forbid both the attorneys and the litigants from releasing information that one or both parties do not want released. Johnny Depp is asking Amber Heard to sign a Confidentiality Agreement to keep their (his) financial documents from being accessible to the public, or more specifically, the media. Judges also often use Confidentiality or Protective Orders if they are disseminating psychological information regarding the parties or their children. Specifically in N.J., if DCP&P (formerly DYFS) issues a report on a family they have investigated, the Court will often not release these reports, or if they do, they will be released under a Confidentiality Order. Also in Family Court, if there is a forensic report about a business held by one of the parties, it is not uncommon for a Protective Order to be entered so that competitors cannot have access to private issues regarding the business. Family law attorneys regularly ask the Courts to enter these Orders. If you think you would benefit from having a Protective or Confidentiality Order in place, contact one of our experienced family law attorneys at IANDOLI & EDENS (908) 879-9499 to discuss your specific situation.

 

 

In the recent case of Cathleen Quinn v. David J. Quinn, the Husband and Wife signed a Marital Settlement Agreement (MSA) that stated, in part, alimony would end with “Wife’s cohabitation.”  Wife lived with a man for over two years at which point her ex-husband filed to terminate alimony.   The lower Court only suspended alimony for the time period of the cohabitation as the Wife no longer cohabitated at the time of trial.  It did this because she was “entirely dependent on her alimony for her support.”  At the time of the divorce, the Husband earned almost ten times as much as the Wife.

On May 3, 2016, the NJ Supreme Court reversed this decision. It held that “An agreement to terminate alimony upon cohabitation, entered by fully informed parties, represented by independent counsel, and without any evidence of overreaching, fraud, or coercion, is enforceable.”  The majority of the Justices felt that with the clear language in the MSA calling for termination, it had to be enforced.

WHAT THIS MEANS FOR YOU: before you sign an MSA always make sure that you discuss all future possible circumstances with your attorney so that you know what your obligations/rights are and how they can change.  After the divorce, know that the Courts heavily favor following the MSA to the letter so if you need to enforce one of its clauses, you have a good chance of success upon filing a motion.

 

Alimony has become an increasingly popular topic in New Jersey. Did you know that marital fault by one of the divorcing spouses is normally irrelevant to the alimony award calculation. Indeed, it is New Jersey law that alimony represents an economic right. Nevertheless, there are exceptions.

The first exception is when the marital fault the parties’ economic life.  Economic fault may be taken into consideration when calculating an alimony award.  

The second reason is when the fault constitutes such egregious conduct to a degree violates societal norms to the extent where continuing with the economic bond would “confound notions of simple justice.”  When the marital conduct is considered egregious, alimony may be denied altogether.

 

Call (908) 879-9499  to make an appointment today for a free consultation. You can also visit us on the web at http://www.iandoliedens.com.

 

 

When going through a divorce or separation there are a multitude of sources to turn to for information.  Most of us turn to our friends and family.  After all, they are the core of our belief and trust.  Unfortunately, although they certainly have your best interest in their hearts, the information they may have may be skewed by horror stories of people they know, and perhaps more importantly their love for you and your children, and often your spouse.

The internet may be another source, but again, it is often the awfulness of the stories that hit the social media, with the true facts often obscured by sensationalism.

To learn what the law is in your state, and to hear what the options are in your situation, it is best to talk to an impartial Family Law attorney.  At Iandoli & Edens, we offer free consultations, where you can gather the information you need.  Knowing your rights can give you the power and decision-making knowledge for your individual situation.

To learn more, give IANDOLI & EDENS a call at 908-879-9499 and schedule your free consultation today.   You can also visit us on the web at www.iandoliedens.com.

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.

It seems like every time you read a newspaper or Google the news you hear more horrific stories about domestic violence. It can be something like the Ray Rice scandal, caught on video tape and rocking the NFL, or people you’ve never heard of in an article about murder/suicide of a couple.
So is domestic violence on the rise, or is it just more out in the open? Janay Rice allegedly claims that God made Ray do it to bring national attention to the problem of Domestic Violence. Whatever you believe, it is more out in the open today than ever before. Even as little as ten years ago there was an aura of shame felt by victims of Domestic Violence.

Today, Domestic Violence is one of the most complicated proceedings in Family Court. Unlike the Rice’s situation, Domestic Violence is rarely caught on video. Most often it is only the couple (and unfortunately sometimes the children) who witness the incident. In those cases the Judge must decide on the testimony of the two involved in the act, and their credibility. Testifying in open Court about such a private and emotional episode (whether true or not) can be extremely difficult for the litigants. Sometimes the accuser is so nervous or intimidated he or she makes a very poor witness. At times the accused is frantically trying to prove his or her innocence, and does not make a good impression to the Court.

At Iandoli & Edens we have a team of lawyers skilled in Domestic Violence. We take the time to prepare our witnesses, put them at ease, and ensure that they will be ready to take the stand.

If you are a victim or are accused of Domestic Violence, contact one of our professionals at Iandoli & Edens by phoning (908) 879-9499 for a free consultation with one of our attorneys experienced in Domestic Violence. You can also visit us on the web at http://www.iandoliedens.com.

Don’t you hate it when you call a professional and they do not return your call? We’ve all been there. Doctors, accountants, contractors, real estate agents and, yes, even lawyers have fallen victim to this horrible habit.

It goes without saying, waiting for someone to answer your question or to let you know the status of your matter creates unnecessary anxiety and worry. Very rarely do we come across a professional who will not only take the time to return our call, but who will call us back quickly.

Here, at Iandoli & Edens, LLC, we return phone calls. We answer your emails. We let you know what is going on with your case. Quickly. If an adversary calls on your case and we are unavailable, we return their calls too. Stop waiting by the phone. Iandoli & Edens, LLC is here to help. Call us today at 908.879.9499 or visit us on the web at http://www.iandoliedens.com.

Every field has its jargon. In family court and in your lawyer’s office you may hear the following: CIS, ESP, ISC, MSA, and JOD, to name just a few. Let’s give you the definitions:

CIS – stands for Case Information Statement. It is a form required by the court. It requests of you some general information such as name, addresses of you and any children, name and address of employer, name and type of medical insurance coverage, etc. It also asks financial information such as the amount of your monthly and yearly income. It asks you to attach your last tax return as well as three most recent paystubs. It asks for your monthly expenses. The monthly expenses are broken down into Schedules A, B and C. Schedule A covers shelter, Schedule B covers transportation, and Schedule C covers personal expenses. This form also asks you to list all of your assets and debt.

ESP – stands for Early Settlement Panel. If you are unable to settle your case the court will require that you attend an Early Settlement Panel at which time two volunteer attorneys will make a recommendation as to how they think you should settle your case. Sometimes it is helpful for both sides to hear from independent counsel.

ISC – stands for Intensive Settlement Conference. Before a trial, your judge may mandate that you attend an Intensive Settlement Conference at which time the judge will expect you to attempt to settle your case. You will be reporting directly to a judge who will want to know about the progress of your settlement attempts with your adversary while you remain in the courthouse.

MSA – stands for Marital Settlement Agreement. If you are able to settle all of your differences with your adversary, you may enter into what is called a written Marital Settlement Agreement. This Agreement is a legally binding contract and becomes incorporated into your Judgment of Divorce.

JOD – stands for Judgment of Divorce. That is the legal document/order from the court which dissolves your marriage.

For more information about these and anything else related to your separation or divorce, do not hesitate to contact one of the attorneys at Iandoli & Edens at (908) 879-9499, http://www.iandoliedens.com.

The Internet is a great resource for many things; however, relying on an online site to navigate you through the divorce process can be very risky and is in most cases not a good idea. There is a lot of divorce information available on the Internet. However, there is also a great deal of inaccurate information. Although you may feel your divorce is simple and you can do it correctly yourself, you may ultimately end up doing more damage than good. This damage, once done, may be irreversible. Divorce is an intricate process often requiring the resolution of significant issues such as custody, support, and division of assets. It is important to understand that by representing yourself, you may be giving up important rights. A lawyer will know the proper questions to ask your spouse to obtain relevant information pertaining to your marital assets and liabilities. Online divorce sites can give you basic general information, but will not provide solutions to your specific issues and needs. The only way to ensure that your divorce is handled properly and you achieve the best outcome based on your particular circumstances is to have the assistance of a professional with extensive knowledge and experience in the area of family law. If you are contemplating divorce and have questions about your rights, do not hesitate to call us at (908) 879-9499 to schedule an initial consultation, or visit our website at http://www.iandoliedens.com. Our experienced attorneys are here to help.