Divorce & Family Law

N.J. Divorce & Family Law Attorney, Christen Kohut Gross, Esq., Joins Aretsky Law Group, P.C.

January 16, 2017 | by Aretsky Law Group

Aretsky Law Group, P.C., is proud to announce the addition of Christen Kohut Gross, Esq., to our staff.

Christen Kohut Gross, Esq., who recently joined the staff at Aretsky Law Group, P.C., earned a B.A. from Fairfield University in Fairfield, CT, and a Juris Doctorate from Seton Hall University School of Law in Newark, NJ. She served as a judicial law clerk to the Honorable Harry G. Carroll, P.J.S.C., Superior Court of New Jersey, Criminal Division, Bergen Vicinage for the 2005/2006 term.

In 2016, Ms. Gross was selected as a “Rising Star” by Super Lawyers. No more than 2.5 percent of the lawyers in New Jersey are named to the Rising Stars list. Their selection process can be viewed at http://www.superlawyers.com. In addition, in 2016, the American Institute of Family Law Attorneys selected her to their exclusive list of the 10 Best Under 40 Family Law attorneys in NJ. Their selection process can be viewed at http://www.aiofla.org.

Whose Ring Is It if a Couple Breaks up?

January 12, 2017 | by Aretsky Law Group

Recording star Mariah Carey’s Australian billionaire fiancé recently broke their engagement. One question immediately asked was, “What will happen to the 10-million-dollar engagement ring James Packer had given her?”

As of now, Mariah has refused to return it. Legally speaking, however, the answer is “that depends.” Although Mariah and James had discussed a prenuptial agreement, none had been signed. Without proof that the ring was an outright gift with “no strings attached,” whether or not the ring has to be given back depends upon the state whose laws will govern.

Engagement rings are generally considered by the courts to be conditional gifts. In other words, it is assumed that the ring is given with the expectation that a marriage will take place. However, laws regarding whether or not the ring must be returned if the giver wants it back after the couple breaks up vary from state to state.

Savings Component Can Be Considered When Determining Alimony

January 4, 2017 | by Aretsky Law Group

According to a decision published by the New Jersey Appellate Division in September 2016, a couple’s habit of saving regularly should be taken into consideration when determining alimony.

For many years, New Jersey case law has recognized that a savings component of alimony is sometimes necessary in order to protect the dependent spouse. Including enough in alimony so that the recipient can save some of the alimony each month, allows that spouse to build up a safety net in case the spousal support stops or decreases.

Lombardi v. Lombardi

What You Should Know about Divorce and Social Security Benefits

December 13, 2016 | by Aretsky Law Group

Are you nearing ten years of marriage and contemplating divorce? If so, you should be aware that the timing of your divorce can effect your future financial situation. Understanding how Social Security works—whether you are divorced or not—can help you make important decisions.

Social Security Benefits Based on Your Ex-Spouse’s Record

A divorced spouse collects half of his or her ex-spouse’s full retirement or disability benefit if at full retirement age.

Can I Stay in My House after My Divorce?

December 5, 2016 | by Aretsky Law Group

The Answer Is “Maybe.”

Many of the questions divorce lawyers hear from their clients have to do with where they will live during or after their divorce. This is not surprising because the marital home is often among a couple’s most valuable assets.

When the couple agrees on how the house should be handled, then the solution is easier. Often, however, the interests of the husband and wife differ.

Do You Suspect Your Spouse of Hiding Assets?

November 28, 2016 | by Aretsky Law Group

Do You Suspect Your Spouse of Hiding Assets? New Jersey divorce law calls for the complete disclosure of assets and liabilities, and hiding assets is illegal. If discovered, hiding assets carries strict penalties; nevertheless, some spouses—especially those with high income or assets—try to do just that. The most obvious reason for hiding assets is to pay less in alimony or child support. In addition to hiding assets, some also attempt to make their income appear less than it actually is in order to achieve the same goal.

Equitable Distribution State

New Jersey is an equitable distribution state. Under NJ divorce laws, marital property is divided by the court in a way that is equitable, or fair, to both parties. In order to determine what is fair, the court considers many factors, including the income, assets, and liabilities of each. When one of the spouses hides income or assets, the court’s ability to divide the property equitably is hindered.

Thanksgiving Ideas for the Divorced Parent Sharing Custody

November 16, 2016 | by Aretsky Law Group

Thanksgiving Ideas for the Divorced Parent Sharing Custody Thanksgiving is a time for sharing! But you didn’t think you would be sharing your child!

Thanksgiving is traditionally a time for sharing. School children learn about the autumn feast celebrated by the Pilgrims and their Wampanoag neighbors in 1621. They may learn that beginning in 1817, individual states—starting with New York—began to adopt official annual Thanksgiving observances and that in 1863, in the middle of the American Civil War, President Lincoln proclaimed that Thanksgiving would be a national holiday. President Lincoln hoped it would be a day that all Americans would ask God to “heal the wounds of the nation.”

Today an important element of our Thanksgiving celebrations is the cooking and sharing of traditional meals with family and friends as well as showing generosity to those less fortunate. Yes, sharing is an integral aspect of the holiday, but you never counted on having to share your child!

Are There Seasonal Peaks in Divorce Filings?

November 8, 2016 | by Aretsky Law Group

Seasonal Peaks in Divorce Filings Research conducted by University of Washington sociologists suggests that there are.

Trending in the news are the results of a study conducted by associate professor at the University of Washington Julie Brines and doctoral candidate Brian Serafini. They presented their findings at the Annual Meeting of the American Sociological Association in Seattle, Washington.

The study was based on statistics regarding the number of filings in the state of Washington from 2001 and 2015. Two of the 39 counties were not included because divorce by mail is allowed in those states.

We’re Getting Divorced! What Will Happen to Our NJ Family Business?

November 3, 2016 | by Aretsky Law Group

We’re Getting Divorced! What Will Happen to Our NJ Family Business? Your marriage is ending. You are faced with the usual issues couples must deal with in a divorce: child custody, child support, parenting time, spousal support, and property distribution. To make matters worse, that property includes a business owned jointly by you and your spouse. The stress that normally accompanies a divorce is multiplied.

New Jersey is an equitable distribution state. That means that marital property is divided equitably, or fairly. The division may or may not be equal.

Marital Property

Cubs World Series Tickets Become Issue in Divorce Case

October 31, 2016 | by Aretsky Law Group

Property distribution NJ divorce

The Associated Press has reported that the wife in an Illinois divorce case—Nancy Riddle v. John Riddle—filed an emergency petition with the court. What was the emergency? The emergency was that her soon-to-be ex-husband had tickets to the Chicago Cubs against the Cleveland Indians in Game 5 of the World Series. He planned to take their 12-year-old son to the game. Both John and Nancy were loyal Cubs fans.

Nancy Riddle held that the situation was an emergency because the Cubs had not taken part in a World Series in 71 years, and if she did not get to see them now, it was likely that she would never have another opportunity.