You are currently browsing the category archive for the ‘Equitable Distribution’ category.

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.

A Will is a document served to dispose of a Testator’s estate upon his or her demise. A Will can devise a Testator’s property, both real and personal; it can appoint a guardian for a Testator’s minor children in the event of his or her demise; and it can also dispose of the residue of the estate not otherwise bequeathed.

A Will appoints an Executor and Trustee vested with specific power and authority to manage and administer the estate of the Testator in accordance with his or her wishes. It is common for the Testator to direct payment of his debts, funeral expenses, and taxes before disposition of the estate.

In New Jersey, it is necessary for the Testator to sign the Will in the presence of two witnesses. The Testator must identify himself, establish residence in the State of New Jersey and declare the document to be his last Will. The Testator is required to revoke all prior testamentary dispositions as it is necessary to avoid any confusion in connection with other Wills made by the Testator. It is advisable to date the instrument to further avoid confusion.

A codicil is required in the event the Testator wishes to render minor changes, such as additions, deletions or alterations, in the terms of his or her existing Will.

Call Iandoli & Edens, LLC today to find out more at 908.879.9499. Visit us on the web at http://www.iandoliedens.com. Did you know you could make an appointment simply by emailing our firm? Try it today at Thomas@iandoliedens.com.

Stop debating as to whether or not you need a Will. Chances are, if you are over the age of 21, you should have one; if you have children, you need one; and if you wish to devise your property in a specific fashion, it is necessary.

Despite contrary belief, attorneys can prepare a Will for you rather quickly. For instance, if you call Iandoli & Edens, LLC today, we will send you a form to help you prepare your Will. You will need to designate the beneficiaries of your estate, the Executor of your estate and, if you have children or pets, name guardians for their care in the event of your demise. Your attorney will then draft the Will to your satisfaction. All you have to do is show up for your appointment to sign the document in front of two witnesses. This law firm will provide you with everything you need. Sounds simple? That’s because it is.

Call us today to find out how easy it is to get your Will off of your long, over-due “To-Do” list. We are open 9: a.m. to 5:00 p.m. to take your call at 908.879.9499. Visit us on the web at http://www.iandoliedens.com to contact us about making an appointment with one of our experienced attorneys.

As we approach tax season, the question of whether or not to file a joint return with your spouse becomes a particularly important consideration if you are contemplating a divorce. While it is usually more beneficial to file a joint return, there are situations when filing separately may be the better option. For example, you suspect that your spouse may be omitting income or overstating deductions, and you do not want to be held personally responsible for your spouse’s potential tax liability. You may also want to keep finances separate if you have separated from your spouse and/or are considering a divorce.
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 attorneys are here to help.

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.

Many times litigants are faced with two options: take their case to trial or settle. Often, it is an extremely difficult decision to make. One must evaluate the pros and cons of settlement versus the risk of having their case proceed to trial. In the event your case proceeds to trial, it will be left in the hands of a neutral judge who could, or could not, rule in your favor. But then again, seldom is there a true “winner” in a settlement.
Here are a couple of helpful tips to help you decide whether settlement is right for you.
First, make a list of all of the issues in your case. For instance, real property, personal property, custody, child support, debts and alimony are often debated issues in divorce cases.
Second, write how you would like to resolve the issue. Here is an example of a list:
1. House. I want to sell it and divide any proceeds equally.
2. Custody. I want to have liberal time with the children. I want three weeks of summer vacation. I will agree to alternate holidays.
3. Personal property. I want the dining room furniture, living room furniture and the things in the garage. My spouse can have the rest.
4. Child Support. I will agree to use the NJ child support guidelines.
5. Debts. I will pay my credit cards. My spouse to pay student loans.
6. Alimony. I want permanent alimony. I need $2,500 per month.
7. Business. I want 40% of my spouses’ business.
8. Other. Our retirement assets should be divided equally.
Third, ask for your spouses’ position on the same issues. Review each item to determine if you can agree on certain issues. This will help highlight the items which remain in dispute, if any.

Finally, evaluate whether a settlement is possible. If so, settlement may be more cost effective and will save you a lot of time. However, if your spouse will not negotiate issues that are important to you or you feel as if your goals under step two will have to be compromised beyond what you find is reasonable, then, perhaps, having a judge decide your matter at trial may be the best scenario.
Contact an attorney at Iandoli & Edens, LLC to learn more. Call us today at 908.879.9499 or visit us on the web at http://www.iandoliedens.com.

Please join us on April 17, 2014 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus for our workshop entitled “Post-Judgment Relief and Estate Planning.”

To register for this workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu. CCM requires pre-registration.