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A blog providing current New Jersey divorce information with a focus on cases, events, and actual practice in the Somerset, Morris, Hunterdon, Middlesex and Union County New Jersey Family Law Courts.
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N.J. legislators hope to make abuse victims safer with new bill

New Jersey legislators may be looking to take more steps to make victims of domestic violence safer. If a new bill is enacted, domestic violence offenders who repeatedly disobey restraining orders will be monitored with GPS equipment.

Information gained through the use of GPS technology will be relayed to the victim and law enforcement in the area. This means that both the victim and authorities will be able to act on the situation faster, perhaps giving them the time to prevent any serious injuries or fatalities from occurring.

Somerset County Family Law: Attorney-Judge Meeting 2/6/2012

The Somerset County Bar Association sponsored one of its regularly scheduled meetings with Family Law attorneys and judges on February 6, 2012 to address current issues. In addition to Presiding Judge Margaret Goodzeit, Judge Angela Borkowski was present along with various administrative staff members. Judge Goodzeit announced that recent statistics demonstrate that the long backlog of cases in Somerset County is improving, which means that people seeking a divorce will likely have their cases reached sooner in the future. One of the major complaints of both attorneys and litigants is the length of time it currently takes to have a divorce case set for trial. Many litigants in Somerset County are currently waiting over two years for a trial date.

In an effort to improve this situation, Judge Goodzeit announced an upcoming "blitz" session in April. During this time, older cases will be called into court for special conferences and settlement panels. There will be 7 judges available to conduct settlement conferences and hopefully help parties settle their cases without the need for trial, thus reducing the current backlog even further. Many of the attorneys present serve on the Early Settlement Panel in Somerset County, and volunteered to commit time during the "blitz" period to help resolve other cases.

As I have previously written, the Family Law judges in Somerset County are extremely overburdened with far too many cases for just three judges to handle. The fact that Judge Goodzeit could obtain the services of 7 different judges, instead of the normal 3 judges who sit in the Family Division to aid in this settlement program is a very good sign that the backlog and case delays in Somerset County may now be improving.

Man acquitted of domestic violence charges after years in prison

After spending four years behind bars, a 46-year-old former police officer has been acquitted of the charges that put him there. Federal domestic violence allegations were brought against the man after he had allegedly spent years abusing his wife both verbally and physically. He had also supposedly threatened to kill her and s stalked her.

He was first convicted in 2009 and sentenced to five years in prison, but an appeals court threw out the decision in April 2011 because the trial judge allowed the jury to hear about previous acts involving the man and an altercation with police in New Jersey.

Family Law Symposium Draws 700 New Jersey Lawyers

A Family Law Symposium sponsored by the New Jersey Institute for Continuing Legal Education drew approximately 700 family law attorneys from around the State on January 28, 2012. The event, held at the Hyatt Hotel in New Brunswick, was designed to provide family law attorneys with an update on new family law cases, strategic arguments to make in court at motions and trial, and insight into various specialty areas of the family law practice. In addition to different attorney speakers, there were judges who participated and provided commentary, including Judge Margaret Goodzeit, the Presiding Family Judge of Somerset County and Judge Hany Mawla, of Hunterdon County.

The event provided an opportunity for those of us who regularly practice family law to not only gain valuable educational information, but to also spend time with colleagues whom we regularly see in court and discuss legal issues and events outside of the confines of a court room. Additionally, various vendors to family law practitioners, including forensic accountants, investment banks, private investigators, and legal software providers participated to provide information to the attorneys concerning their products.

New Jersey begins process toward possible alimony change

Many New Jersey divorces often come with something that lasts a lifetime: alimony. It can cost some individuals hundreds of thousands of dollars over the course of their lifetime.

Currently, one danger in many divorces is lifetime alimony. That means that the spouse making more income has to pay the other spouse a fixed amount each month for the rest of his or her life. The recipient of permanent alimony will continue receiving alimony for years to come at a fixed rate, often regardless of the recipient's efforts to obtain employment.

Custody battle may be another way for abuser to hurt victim

Some experts are worried that abusive spouses may be using child custody battles to gain more power over their former partners. If this is the case, it could be just another way that individuals affected by domestic violence are being victimized.

According to advocates against domestic violence, many courts examine the situation of child custody with a mindset that says joint custody will be the best decision for the child. This is often not the case, especially when abuse has been reported in the home.

Why do some couples choose to separate before divorce?

Some couples in New Jersey may be headed for divorce, but before they take that step, it may be in their best interests to consider separating instead. This may help some couples, especially those involved in a potential high-asset divorce.

As many know, the financial benefits of marriage are plentiful. Sometimes the task of taking on separately the cost of insurance benefits, tax breaks and shared expenses can keep a couple from going through with a divorce. If this is the case and the two spouses remain conflicted, a separation may be the best option.

New Jersey Alimony Reform

New Jersey Alimony Reform continues to be the most widely searched and read topic on my blog.  It is clearly an issue that continues to generate great public interest.  I simply want to use this opportunity to thank the individuals from various organizations and media outlets who have recently contacted my office for additional input and comments.  As the result of my very busy court schedule and time committments to existing clients, I have had to decline the great majority of those requests, including radio interviews on NJ 101.5, and television interviews on syndicated news shows relating to this topic. To those of you who have contacted my office for interviews, or with requests that I become involved with your organizations, I ask for your understanding.  It is not that I am not interested in helping with any reform effort.  My professional time committments to my clients simply come first.  To the greatest extent possible, I will continue to post what I believe are timely and newsworthy comments on this blog and hopefully continue to help the cause for reform by highlighting ongoing injustices with our current alimony laws.

Leonard Weitzman, Esq.

New Jersey Alimony Reform--"Not Just For Men"

In a recent interview with the Star Ledger newspaper, I told the reporter that it is not just men who are being hurt by the current alimony laws, but women also. I think there is a misperception amongst the general public that the current outcry to change alimony laws is to help men. What I tried to get across to the Star Ledger reporter in our recent interview was that in my practice, I see just as many high-income earning women being hurt by our antiquated alimony laws as men.

Our alimony laws were created when economic times were substantially different than today. In current times, it is very common for both parties to work and contribute to marital expenses. Under current law, fault in a marriage is generally not a factor to be considered for alimony. If one person (man or woman) works hard each day to support the family, and the other is simply lazy and does not work or contribute to the marriage, the person who worked hard can be penalized at time of divorce and the lazy person rewarded with alimony-regardless of gender. When I share this information with prospective clients during initial interviews the most common response is that "we fought about him/her not working all the time". The problem is if parties fight about one person not working and contributing, but allow it to go on over time, it makes no difference for alimony purposes. The "marital standard" for alimony purposes is established.

Filing a tax return is different after a divorce

Couples in New Jersey who are going through divorce or contemplating divorce should understand a few things as a new year gets underway. According to a financial expert, whatever your marital status on the last day of the year is, it is what you are considered to be by the government for the entirety of that year.

This means that anyone who has recently gone through a high-asset divorce and has seen it finalized before Dec. 31 will be considered single by the government. This means that filing taxes may be different for a former spouse than it was in past years.

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