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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 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

Have you heard the acronym MSA tossed about? Have you wondered what on earth is this document and why does it sound so crucial to your divorce?  Well, in short, it’s your divorce agreement or what is called in family law your Marital Settlement Agreement.

Entering into an MSA means that you and your spouse have settled your divorce issues and there is no longer a need for a Trial. Instead, an Uncontested Divorce Hearing takes place where your divorce becomes final.  Most litigants view settlement as a viable option but it does not come without patience, negotiation and compromise. This is especially true when disputes over children exist.

Entering into an MSA with the advice of an attorney may be the best option for you.  In fact, most celebrities choose this route so that they can avoid the spotlight of a trial.

It is wise to make the MSA as comprehensive as possible. For example, if you are aware that situations will change you may address that contemplated situation within the MSA. In New Jersey, the MSA is incorporated into your Judgment of Divorce and is given the same treatment as any other court order.

If you have concerns about a settlement agreement that your spouse has drafted or you wish to submit a settlement agreement to your spouse, please call us at (908) 879-9499.

Earlier this month, news broke that Melissa Etheridge filed Court documents seeking to end her nine year partnership to Wife, Tammy Lynn Michaels.  Earlier in the year, a news story from Texas seemed to indicate that a gay couple could not get divorced in Texas because Texas does not recognize gay marriage or civil unions.  With so much conflict among the states regarding this issue, it is difficult to know what rights same sex couples have.

Effective February 19, 2007, the New Jersey Legislature amended the marriage statute to include same sex couples.  However, the statute which was enacted chose to call the relationship a civil union rather than a marriage.  The State of New Jersey has defined a civil union as a legally recognized union of two eligible individuals of the same sex.  In order to be eligible for a civil union, the parties must show that they are not a party to another civil union, domestic partnership or marriage in the state; they must be of the same sex and be at least 18 years old. 

As enacted, the statute grants all of the same benefits, protections and responsibilities as are granted to spouses in a marriage, to partners in a civil union.  Parties who enter into a civil union are able to enter into Pre-Nuptial Agreements, receive inheritance from their partner, receive medical benefits through their partner and adopt children together.

With all of the benefits of marriage, also comes the ability to dissolve a civil union, just like a divorce.  The procedure for the dissolution of a civil union is the same as a divorce.  However, the Legislature has chosen to enact a separate statute setting forth the grounds for the dissolution of a civil union. 

If you are considering entering into or dissolving a civil union, contact our office to see how we can assist you.

In recent months, there has been tremendous speculation in the news regarding the terms of Tiger Woods’ Pre-Nuptial Agreement and how Elin will fair in the divorce.  However, few people understand what a Pre-Nuptial Agreement is and how it effects divorce litigation.  Perhaps even fewer people know that Pre-Nuptial Agreements are not just for the rich and famous and can be used by anyone contemplating marriage.

A Pre-Nuptial Agreement is an agreement made between prospective spouses in contemplation of their marriage.  The purpose of the agreement is to define the interests, rights and obligations of each spouse prior to the marriage.  These agreements can define anything from how the marital living expenses will be paid to how the parties will file their taxes.

However, most often, parties enter into Pre-Nuptial Agreements in order to set forth each party’s rights and obligations in the event of their separation or Divorce.  If the Pre-Nuptial Agreement is drafted properly, it could help the parties avoid difficult and costly divorce litigation.  Typically the issues of property distribution and spousal support are detailed in a Pre-Nuptial Agreement.  One of the benefits of a Pre-Nuptial Agreement is that parties can preserve their pre-marital assets.  Another important benefit of a Pre-Nuptial Agreement may be to deal with end of life issues.  Perhaps the most talked about case dealing with this issue is that of Anna Nicole Smith and her marriage to billionaire J. Howard Marshall.  However, there are many famous people that should enter into Pre-Nuptial Agreements but do not. It is curious whether Chelsea Clinton signed a Pre-Nuptial Agreement prior to her marriage.

The terms of each Pre-Nuptial Agreement vary depending on the parties and their respective situations.  To determine if a Pre-Nuptial Agreement is right for you and your prospective spouse, call our office for an appointment.  (908) 879-9499

It is the responsibility of both parents to ensure that the needs of their children are met.  Child Support in New Jersey is in most cases based upon the New Jersey Child Support Guidelines.  The support amount is based upon the income of both parents and the average amount that intact families spend on their children.  There are cases where the child support guidelines are not appropriate because the parents earn either too much or too little to fit within the parameters of the guidelines. 

The obligation to pay child support ends upon a child’s emancipation when they are deemed to no longer be in need of their parent’s support.  When is a child emancipated?  This is an important question for both the person receiving child support and the person paying child support; not to mention the children themselves.  There is no simple answer.  Child support in New Jersey does not simply or automatically terminate at 18.  Emancipation can be triggered by numerous events such as graduation from high school/college, marriage of the child, enlistment of the child in the military or termination of parental rights.  Certain events, such as college can extend a child’s emancipation date into their early twenties.  It must be remembered that the goal of child support is just that, support of the children’s needs.

If you have questions about child support please do not hesitate to contact us at (908) 879-9499.

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