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> <channel><title>Adinolfi &#38; Lieberman</title> <atom:link href="http://www.sjfamilylawyers.com/feed/" rel="self" type="application/rss+xml" /><link>http://www.sjfamilylawyers.com</link> <description>Just another PLM WordPress site</description> <lastBuildDate>Thu, 16 May 2013 21:34:00 +0000</lastBuildDate> <language>en-US</language> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <generator>http://wordpress.org/?v=3.5.1</generator> <item><title>The Importance of Updating Estate Planning Documents During a Divorce</title><link>http://www.sjfamilylawyers.com/2013/05/importance-of-updating-estate-planning-documents-divorce/</link> <comments>http://www.sjfamilylawyers.com/2013/05/importance-of-updating-estate-planning-documents-divorce/#comments</comments> <pubDate>Thu, 16 May 2013 21:34:00 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2355</guid> <description><![CDATA[By Jaime Golin Friedman If you are in the process of a divorce, it is crucial for you to update your estate planning documents. You should be sure to update your financial Power of Attorney to designate someone other than your spouse to serve as your Agent.  A copy of your new Power of Attorney [...]]]></description> <content:encoded><![CDATA[<p><b>By <a
title="Jaime Golin Friedman, Esq." href="http://www.sjfamilylawyers.com/attorneys/jaime-golin-friedman-esq/"><i>Jaime Golin Friedman</i></a></b></p><p><img
class="alignleft  wp-image-2338" title="New Jersey Family Law Attorney, Jaime Golin Friedman" alt="New Jersey Family Law Attorney, Jaime Golin Friedman" src="http://www.sjfamilylawyers.com/files/2013/05/Golin-150x150.jpg" width="120" height="120" />If you are in the process of a <a
title="Divorce &amp; Separation" href="http://www.sjfamilylawyers.com/aop/new-jersey-divorce-separation/"><b><i>divorce</i></b></a>, it is crucial for you to update your <a
title="Criminal Law &amp; Wills &amp; Estate Planning" href="http://www.sjfamilylawyers.com/aop/new-jersey-criminal-law-personal-injury/"><b><i>estate planning</i></b> </a>documents.</p><p>You should be sure to update your financial <b><i>Power of Attorney</i></b> to designate someone other than your spouse to serve as your Agent.  A copy of your new <b><i>Power of Attorney</i></b> should then be forwarded to each financial institution with which you hold accounts.  This way, in the event your spouse attempts to utilize a prior <b><i>Power of Attorney</i></b> to access your personal accounts and financial records, he or she will be unable to do so.</p><p>If you are involved in <b><i>divorce proceedings</i></b>, you should also update your <b><i>Health Care Directive</i></b> to designate someone other than your spouse to serve as your health care representative.  Your health care representative is the individual that makes health care decisions for you in the event that you are unable to make such decisions for yourself.  By updating your <b><i>Health Care Directive</i></b>, this allows you to designate someone other than your estranged spouse to make these important medical decisions for you, if you are unable to do so.</p><p>You should also be sure to update your <b><i>Last Will and Testament</i></b>.  In the unfortunate event that you were to pass away prior to finalization of your <b><i>divorce</i></b>, your spouse may be entitled to inherit your entire estate, which is a result many would like to avoid, given the circumstances.  By updating your <b><i>Will</i></b>, it is possible to significantly minimize, or in some cases, eliminate altogether, what your spouse is entitled to receive in such event, thereby allowing you to maximize the inheritance ultimately paid to your intended beneficiaries.</p><h2><b>Estate Planning During Divorce Requires Family Law Attorneys Knowledgeable in The Matters</b></h2><p>The <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>New Jersey family law firm</i></b> </a>of <b><i>Adinolfi &amp; Lieberman</i></b> is one of the largest <b><i>South Jersey law firms</i></b> focusing exclusively on <b><i>divorce</i></b> and <b><i>family law matters</i></b>. <b><i>Family law attorney Jaime Golin Friedman</i></b> of our office is extremely experienced and knowledgeable in <b><i>estate planning matters</i></b>, particularly when <b><i>divorce </i></b>is at issue. For more information, or to schedule an appointment with <b><i>Jaime Golin Friedman</i></b>, call our office today at <b><i>(856) 428-8334</i></b> or <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><b><i>contact us online</i></b></a>.</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/05/importance-of-updating-estate-planning-documents-divorce/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>New Jersey Family Law Attorneys Discuss Summer Parenting Plans for Divorced Families</title><link>http://www.sjfamilylawyers.com/2013/05/new-jersey-family-law-attorneys-summer-parenting-plans/</link> <comments>http://www.sjfamilylawyers.com/2013/05/new-jersey-family-law-attorneys-summer-parenting-plans/#comments</comments> <pubDate>Thu, 09 May 2013 17:46:58 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2354</guid> <description><![CDATA[By Joseph L. Testa, J.S.C. (Ret.) As temperatures rise and the days get longer, parents of school age children begin planning for summer break.  Plans need to be made for childcare, entertainment, vacations, and camp, but it’s not easy to establish a summer routine when divorce is involved.   Work schedules, custody arrangements, financial issues, and [...]]]></description> <content:encoded><![CDATA[<p><em><strong><a
title="Judge Joseph P. Testa (Ret.)" href="http://www.sjfamilylawyers.com/attorneys/judge-testa/">By Joseph L. Testa, J.S.C. (Ret.)</a></strong></em></p><p><a
href="http://www.sjfamilylawyers.com/files/2012/03/testa.jpg"><img
class="alignleft  wp-image-1693" alt="Judge Joseph P. Testa (Ret)" src="http://www.sjfamilylawyers.com/files/2012/03/testa.jpg" width="74" height="101" /></a>As temperatures rise and the days get longer, parents of school age children begin planning for summer break.  Plans need to be made for childcare, entertainment, vacations, and camp, but it’s not easy to establish a summer routine when <a
title="Divorce &amp; Separation" href="http://www.sjfamilylawyers.com/aop/new-jersey-divorce-separation/"><b><i>divorce</i></b></a> is involved.   Work schedules, <a
title="Child Custody &amp; Visitation" href="http://www.sjfamilylawyers.com/aop/new-jersey-child-custody-support/"><b><i>custody arrangements</i></b></a>, financial issues, and coordinating the activities between two households can create a lot of stress for families sharing the <b><i>custody</i></b> of their children.  Carefully laid out <a
title="Importance of Having a Parenting Plan" href="http://www.sjfamilylawyers.com/2013/05/importance-of-having-a-parenting-plan/"><b><i>parenting plans</i></b> </a>created early on can help alleviate this stress and ensure a relaxing summer break for all.</p><p>The <b><i>Haddonfield, New Jersey family law office</i></b> of <b><i>Adinolfi &amp; Lieberman</i></b> have been recognized as one of the premier law firms specializing in <b><i>New Jersey</i></b> <b><i>child custody issues</i></b>. Our <b><i>child custody attorneys </i></b>realize how stressful summer <b><i>custody issues</i></b> can be, and we work diligently with our clients to establish detailed summer <b><i>parenting plans</i></b>.  With over 100 years of combined experience in <b><i>New Jersey and Pennsylvania family law</i></b>, our attorneys can help divorced parents guarantee that they each have the opportunity to create treasured summer memories with their children.</p><h2><b>Key to Stress-Free Summer Child Custody Arrangements</b></h2><p>Couples who <b><i>divorce </i></b>without establishing a carefully laid out plan for summer <b><i>custody arrangements</i></b> have the most difficult time juggling schedules and vacation plans.  Differences in opinions on childcare arrangements and planned activities can also add to the tension.  Variances in financial resources between the two households can also affect the balance between what divorced parents are able to offer their children.</p><p>Several practical ideas to help parents create a summer parenting plan and reduce stress and conflicts:</p><p>- Create detailed <b><i>custody arrangements</i></b> that include specific stipulations for the summer months.  Knowing in advance what to expect each summer will allow parents to plan vacations and activities ahead of time and to budget expenses.</p><p>- Consider the children&#8217;s wishes but sticking to a pre-set schedules if possible.  If both parents can work cooperatively to establish specific weeks and months that they will have their children, childcare arrangements and activity schedules can be planned ahead of time around the agreed-upon schedule. This will give the children the opportunity to look forward to their summer break and not haphazardly request activities that don&#8217;t fit into the schedule.</p><p>- Keep the best interests of their child as the top priority.  Personal agendas or resentments need to be put aside when establishing the summer <b><i>parenting plan</i></b>.  Parents that can take the needs and concerns of the other parent into consideration when establishing the arrangements will create a plan that benefits from the compromise.</p><h2><b>Our New Jersey Family Law Attorneys  Specialize in Child Custody Agreements</b></h2><p>The <a
title="New Jersey Family Law Attorneys" href="http://www.sjfamilylawyers.com"><b><i>New Jersey family law attorneys</i></b> </a>of <b><i>Adinolfi &amp; Lieberman</i></b> are dedicated to helping <b><i>divorced </i></b>parents establish <b><i>summer parenting plans </i></b>that keep the best interests of their children as the top priority.  By carefully planning these arrangements ahead of time, both parents and child can look forward to a stress-free and relaxing summer break. Our law offices are conveniently located in <b><i>Haddonfield, New Jersey</i></b> and serve clients throughout <strong><i>Southern New Jersey</i></strong><em><b> </b></em>and<b> <strong><i>Eastern Pennsylvania</i></strong></b><i>,</i> including<b> <strong><i>Philadelphia, Cherry Hill, Haddonfield, Pennsauken, Voorhees, Moorestown, Princeton, Marlton, Mt. Laurel, Atlantic City, and all of Atlantic County, Cumberland County, Gloucester County, Burlington County and Camden County</i></strong><strong>.  </strong></b>Call our offices at <i></i><strong><i>856-428-4334</i></strong> <em>to schedule an appointment or</em> <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><i></i><strong><i>submit an online contact form</i></strong><strong>.  </strong></a><strong></strong></p><p><strong> </strong></p><p><strong> </strong></p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/05/new-jersey-family-law-attorneys-summer-parenting-plans/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>Importance of Having a Parenting Plan</title><link>http://www.sjfamilylawyers.com/2013/05/importance-of-having-a-parenting-plan/</link> <comments>http://www.sjfamilylawyers.com/2013/05/importance-of-having-a-parenting-plan/#comments</comments> <pubDate>Wed, 08 May 2013 00:34:59 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2347</guid> <description><![CDATA[By Robin Hauth, Esq. You may have read or heard about two children who recently were reported missing in Gloucester City, New Jersey.  Thankfully, the children were not actually missing; they were in the care of their father who chose not to return the children to their mother after spending the day with them.  According [...]]]></description> <content:encoded><![CDATA[<p><b><i>By <a
title="Robin M. Hauth, Esq." href="http://www.sjfamilylawyers.com/attorneys/robin-m-hauth-esq/">Robin Hauth, Esq.</a></i></b></p><p><b><i><a
title="Robin M. Hauth, Esq." href="http://www.sjfamilylawyers.com/attorneys/robin-m-hauth-esq/"><img
class="alignleft  wp-image-1860" title="New Jersey Family Law Attorney, Robin Hauth, Esq." alt="New Jersey Family Law Attorney, Robin Hauth, Esq." src="http://www.sjfamilylawyers.com/files/2012/06/DSC_2236_HAUTH-150x150.jpg" width="120" height="120" /></a></i></b>You may have read or heard about two children who recently were reported missing in Gloucester City, <b><i>New Jersey</i></b>.  Thankfully, the children were not actually missing; they were in the care of their father who chose not to return the children to their mother after spending the day with them.  According to various new sources, the parents are separated, and they had no formal <b><i>custody</i></b> arrangement in place.  The Camden County Prosecutor’s Office issued a statement explaining that because the parties have no court-ordered <b><i>custody </i></b>arrangement, &#8220;the children&#8217;s father . . . does not have a legal obligation to notify his wife if he chooses to travel with his children. No laws have been broken.” <b><i><a
title="Camden County Prosecutor's Statement" href="http://abclocal.go.com/wpvi/story?section=news/local&amp;id=9091792">Read more here</a>.</i></b></p><p>This story underscores the importance of having an enforceable agreement in place with regard to <b><i>custody and parenting time</i></b> if you and your spouse are separated.  Although you and your spouse may have an understanding as to who exercises <b><i>parenting time</i></b> and when such <b><i>parenting time</i></b> is exercised, your “understanding” is not enforceable with the court or the police.  While stories like the recent Gloucester City incident are rare, having a Court-ordered <b><i>parenting time </i></b>arrangement in place protects you and your children from uncertainty and unnecessary strain.  Your agreement should specify where and with whom the child lives, and it should state what the <b><i>parenting time</i></b> arrangement is for the other parent, as well as where that <b><i>parenting time</i></b> will take place.   The agreement will establish who can make decisions on behalf of the child with regard to the child’s health, education, and welfare.  Even if you are not yet pursuing <b><i>divorce</i></b> at the time the <b><i>parenting time</i></b> arrangement is established, you can still make the arrangement part of a court order by filing the appropriate application with the court on its non-dissolution docket.   Once a court order has been entered, each parent has a legally enforceable document to help ensure that the <b><i>parenting time</i></b> arrangement is respected by the other parent.</p><h2><b>New Jersey Child Custody Attorneys Help Separated Parents with Parenting Time Arrangements</b></h2><p>The <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>New Jersey family law attorneys</i></b> </a>at <b><i>Adinolfi &amp; Lieberman</i></b> are well-versed in negotiating <b><i>divorce<strong> and separation</strong></i></b> agreements that include fair <b><i>parenting time</i></b> arrangements. As one of the largest law firms in <b><i>South Jersey</i></b> focusing exclusively on <b><i>family law</i></b>, our<b><i> divorce and separation attorneys</i></b> have successfully represented clients throughout <b><i>Southern New Jersey</i></b>, such as those in <b><i>Camden County, Burlington County, Cumberland County, Gloucester County, Salem County and Atlantic County</i></b>. Call our office today at <b><i>856-428-8334</i></b> to schedule an appointment to speak with one of our <b><i><a
title="Child Custody &amp; Visitation" href="http://www.sjfamilylawyers.com/aop/new-jersey-child-custody-support/">attorneys </a> about your child custody issues </i></b>or <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><b><i>contact us online</i></b></a>.</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/05/importance-of-having-a-parenting-plan/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>New Jersey Family Law Attorney in Haddonfield Addresses Divorce &amp; Religion</title><link>http://www.sjfamilylawyers.com/2013/05/new-jersey-family-law-attorney-haddonfield-divorce-religion/</link> <comments>http://www.sjfamilylawyers.com/2013/05/new-jersey-family-law-attorney-haddonfield-divorce-religion/#comments</comments> <pubDate>Tue, 07 May 2013 16:17:56 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2346</guid> <description><![CDATA[By Ron Lieberman, Esquire Courts in New Jersey do not take religion in account when rendering divorces. But, people oftentimes have to deal with the religious aspects of a divorce and must do so outside of the purview of secular courts. The issue of obtaining a divorce called a “get” for Jewish couples creates a [...]]]></description> <content:encoded><![CDATA[<p><b><i>By <a
title="Ronald G. Lieberman, Esq." href="http://www.sjfamilylawyers.com/attorneys/ronald-lieberman-esquire/">Ron Lieberman, Esquire</a></i></b></p><p><img
class="alignleft size-full wp-image-2148" title="New Jersey Family Law Attorney, Ronald G. Lieberman, Esq." alt="New Jersey Family Law Attorney, Ronald G. Lieberman, Esq." src="http://www.sjfamilylawyers.com/files/2012/10/Lieberman-Photo.jpg" width="105" height="144" />Courts in <b><i>New Jersey</i></b> do not take religion in account when rendering <b><i>divorces</i></b>. But, people oftentimes have to deal with the religious aspects of a <a
title="Divorce &amp; Separation" href="http://www.sjfamilylawyers.com/aop/new-jersey-divorce-separation/"><b><i>divorce</i></b></a> and must do so outside of the purview of secular courts. The issue of obtaining a <b><i>divorce</i></b> called a “get” for Jewish couples creates a specific problem. Briefly, the position of a husband and a wife is not an equal one under Talmudic law because only a husband can initiate a <b><i>divorce</i></b>. The wife does not have the right to obtain one and cannot force her husband to seek a <b><i>divorce</i></b> under Talmudic law. So, if a woman who is Jewish wants to sever her marriage to her husband under Talmudic law, she is without recourse in the secular courts because judges cannot force a husband to provide a religious <b><i>divorce</i></b>.  If she obtains a secular <b><i>divorce</i></b> but not a religious one, a woman cannot remarry in the Jewish faith.</p><h2><b>New Jersey Divorce Lawyers At Adinolfi &amp; Lieberman Are Experienced In Complicated Divorce Situations</b></h2><p>It is becoming more and more commonplace for couples to enter into agreements before a marriage for the husband to provide the wife with a <b><i>divorce</i></b> under Jewish law upon her request. But, barring that agreement, a Jewish wife will face tremendous struggles in the religious courts to obtain a “get.”</p><p>The <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>New Jersey divorce attorneys</i> </b></a>at Adinolfi &amp; Lieberman are experienced in all types of <b><i>divorce</i></b> litigation. Our team of <b><i>divorce lawyers</i></b> is well versed in handling the most complex <b><i>marriage dissolution </i></b>situations including those that involve complicated religion issues. The <b><i>New Jersey divorce attorneys</i></b> at <b><i>Adinolfi &amp; Lieberman</i></b> represent clients in Family Courts throughout the state including the communities of <b><i>Camden County, Burlington County, Atlantic County, Cape May County, Cumberland County, Gloucester County</i></b>, and <b><i>Salem County</i></b>. Call us to schedule a confidential consultation today at <b><i>856-428-8334</i></b> or <b><i><a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/">contact us online</a>.</i></b></p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/05/new-jersey-family-law-attorney-haddonfield-divorce-religion/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>Discussing Post-Nuptial Agreements in New Jersey</title><link>http://www.sjfamilylawyers.com/2013/05/post-nuptial-agreements-in-new-jersey/</link> <comments>http://www.sjfamilylawyers.com/2013/05/post-nuptial-agreements-in-new-jersey/#comments</comments> <pubDate>Fri, 03 May 2013 20:11:56 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2343</guid> <description><![CDATA[By Robin Hauth, Esq. A Husband and Wife had two children and had been married for ten years at the time their relationship began to deteriorate.  The couple attended counseling, but the strain of living together forced a physical separation.  Each consulted with divorce attorneys, but neither filed a Complaint for Divorce.  The parties continued [...]]]></description> <content:encoded><![CDATA[<p>By Robin Hauth, Esq.</p><p><a
href="http://www.sjfamilylawyers.com/files/2012/06/DSC_2236_HAUTH.jpg"><img
class=" wp-image-1860 alignleft" alt="New Jersey Family Law Attorney" src="http://www.sjfamilylawyers.com/files/2012/06/DSC_2236_HAUTH-150x150.jpg" width="105" height="105" /></a>A Husband and Wife had two children and had been married for ten years at the time their relationship began to deteriorate.  The couple attended counseling, but the strain of living together forced a physical <b><i>separation</i></b>.  Each consulted with <b><i>divorce attorneys</i></b>, but neither filed a <b><i>Complaint for Divorce</i></b>.  The parties continued to grow their respective assets; Husband invested some money into a company which ended up being quite successful, and Wife received a substantial bonus at work.</p><p>Although the marriage seemed almost irretrievably broken, Husband remained interested in reconciling.  Wife was more hesitant, and both parties were concerned about protecting the assets that they had accumulated during their <b><i>separation</i></b>.  The parties understood from consulting with <b><i>divorce attorneys</i></b> that any assets accumulated prior to the filing of a <b><i>Complaint for Divorce</i></b> would be considered marital and subject to <b><i>equitable distribution</i></b>.  Husband sought to protect his interest in his new business venture and Wife wanted to preserve her large bonus in her savings.  How would they protect themselves should this reconciliation be unsuccessful?</p><p>The solution was a <b><i>Post-Nuptial Agreement</i></b>, also known as a <b><i>Mid-Marriage Agreement </i></b>or a <b><i>Reconciliation Agreement</i></b>.  Much like its better known sibling, the <b><i>Pre-Nuptial Agreement</i></b>, a <b><i>Post-Nuptial Agreement</i></b> is a written agreement between two parties and includes provisions for division of property and spousal support in the event of <b><i>divorce</i></b>.</p><p>In order for a <b><i>Post-Nuptial Agreement</i></b> <em><strong>in New Jersey</strong> </em>to be valid, the married parties must enter into it at a time when their marriage seems at the brink of dissolution.  It must be fair and equitable to all parties at the time the parties enter into the Agreement, and it must still be fair and equitable to all parties at the time a party seeks to enforce the Agreement.  The parties must enter into the Agreement voluntarily, and it cannot be the result of threat or coercion.</p><p>In the case of Husband and Wife, above, the rift in their marriage was substantial enough that they each consulted attorneys in contemplation of <b><i>divorce</i></b>.  In accordance with <b><i>New Jersey</i></b> case law, their marriage genuinely had deteriorated to the brink of an indefinite <b><i>separation</i></b> or a suit for <b><i>divorce</i></b>, and provided the Agreement was fair, equitable, and voluntarily executed, the parties&#8217; <b><i>Post-Nuptial Agreement</i></b> likely would be considered valid if they later divorced.  Imagine, however, the parties were living happily together when Wife received her large bonus, and she suddenly requested Husband enter into a <b><i>Post-Nuptial Agreement</i></b> to preserve her asset.  In that case, the Agreement likely would not be considered valid because the marriage was not broken, and Wife’s primary interest was just limiting her exposure to Husband’s economic demands.</p><p>The terms of <b><i>post-nuptial Agreements in New Jersey</i></b> will be carefully scrutinized and evaluated because the circumstances surrounding such Agreements are ripe with the opportunity for one party to use the threat of dissolution to bargain himself or herself into an advantageous position.  If you are considering entering into a <b><i>Post-Nuptial Agreement</i></b>, or are being asked to sign one, or if you are facing a potentially complicated <b><i>divorce</i></b> involving a <b><i>post-nuptial agreement</i></b>, you need a well-qualified <b><i>New Jersey divorce attorney</i></b> on your side.</p><p>Call the <b><i>New Jersey divorce attorneys</i></b> at <b><i>Adinolfi &amp; Lieberman</i></b>.  Our <b><i>matrimonial lawyers </i></b>represent clients throughout <b><i>New Jersey</i></b> and the <b><i>Philadelphia</i></b> area, including <b><i>Burlington County, Camden County, Salem County, Gloucester County, Cumberland County, Atlantic County</i></b> and <b><i>Cape May County</i></b>.  Call us today at <b><i>856-428-8334</i></b> or <b><i>contact us online</i></b>.</p><p>&nbsp;</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/05/post-nuptial-agreements-in-new-jersey/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>Family Law Attorneys in NJ Talk Paternity Laws</title><link>http://www.sjfamilylawyers.com/2013/04/family-law-attorneys-nj-paternity-laws/</link> <comments>http://www.sjfamilylawyers.com/2013/04/family-law-attorneys-nj-paternity-laws/#comments</comments> <pubDate>Thu, 25 Apr 2013 17:42:05 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2336</guid> <description><![CDATA[By Robert J. Adinolfi, Esq. Establishing paternity or the admission of a parental relationship between a father and child at the earliest stage in a child’s life provides security for the child’s future and family stability. Consequently, the Parentage Act, N.J.S.A. 9:17-41 et seq., was enacted to address paternity cases. The Parentage Act provides the [...]]]></description> <content:encoded><![CDATA[<p><em><a
title="Robert J. Adinolfi, Esq." href="http://www.sjfamilylawyers.com/attorneys/robert-adinolfi-esquire/"><strong>By Robert J. Adinolfi, Esq.</strong></a></em></p><p><a
href="http://www.sjfamilylawyers.com/files/2012/01/lawyer-robert-j-adinolfi-photo-799646-e1326494024151.png"><img
class="alignleft  wp-image-1490" title="New Jersey Divorce Lawyer, Robert J. Adinolfi, Esq." alt="New Jersey Divorce Lawyer, Robert J. Adinolfi, Esq." src="http://www.sjfamilylawyers.com/files/2012/01/lawyer-robert-j-adinolfi-photo-799646-e1326494024151-150x150.png" width="120" height="120" /></a>Establishing <strong><i>paternity</i></strong> or the admission of a parental relationship between a father and child at the earliest stage in a child’s life provides security for the child’s future and family stability. Consequently, the <strong><i>Parentage Act, N.J.S.A. 9:17-41 et seq.,</i> </strong>was enacted to address <strong><i>paternity cases</i></strong>. The <strong><i>Parentage Act</i></strong> provides the court with a streamlined set of policies to make rulings in complex situations. <strong><i>New Jersey paternity cases</i></strong> most commonly stem from the father contesting that he is the legal father of the child, and therefore, responsible for providing financial support to the child. There are other situations, however, where a<strong> <i>paternity case</i></strong> may be brought.</p><h2><strong>Parties Eligible to File New Jersey Paternity Action</strong></h2><p>Many individuals can be parties in the filing or defending of an action for <b><i>paternity.</i></b> The parties, according to <b><i>New Jersey Statutes 9:17-45</i></b>, include: a child, a legal representative of the child, the natural mother, the estate or legal representative of the mother (if the mother has died or is a minor), a man alleged or alleging himself to be the father, the estate or legal representative of the alleged father (if the alleged father has died or is a minor), the Division of Family Development in the Department of Human Services, the county welfare agency, or any person with an interest recognized as justifiable by the court. However, no action can be filed more than five years after the child reaches the age of majority (18 years old in <b><i>New Jersey</i></b>).</p><p>In a contested <b><i>New Jersey paternity case</i></b>, the parties involved will submit to a genetic test upon the sworn request of one of the involved persons. The requesting party must present evidence under oath that establishes a reasonable possibility of the required sexual contact between the parties. Whereas, a party requesting to refuse the genetic test must establish that there is a reasonable possibility that sexual contact did not take place between the relevant parties and denies <b><i>paternity</i></b>.</p><h2><strong>How a Man is Determined to be the Child’s Father</strong></h2><p>There are several occasions when a man is legally presumed to be a child’s father. N.J.S.A. 9:17-43 acknowledges six different events, any of which lead to the presumption that a man is the biological father. These events are:<strong></strong></p><ul><li>If the child was born during the marriage of the man and natural mother, or within 300 days after the marriage ends;</li><li>If the child was born during an attempted marriage of the man and natural mother;</li><li>If the child has been born after the man and natural mother have married, attempt to marry, or have the marriage declared invalid, along with at least one of these stipulations met: that the man has recognized paternity, seeks to have his name on the child’s birth certificate, openly accepts the child as his natural child, or obliged by a written voluntary agreement or court order;</li><li>If the child is a minor and resides with the man who openly admits the child as his natural child;</li><li>If while the child is a minor, the man provides child support and openly admits the child as his natural child; or</li><li>If the man admits in writing that he accepts <strong><i>paternity </i></strong>and is recognized by the natural mother as the father.</li></ul><h2><strong><strong>Detailing the Process of Contesting Paternity in New Jersey</strong></strong></h2><p>In order for a man to successfully contest <i><strong>paternity</strong></i><strong><em> in New Jersey</em></strong>, there must be “clear and convincing evidence&#8221; of the existence of a court order declaring the annulment of his paternal rights, or he must establish that another man is the child’s biological or adoptive father. In order to determine if a contested <strong><i>paternity case</i> </strong>can be resolved before trial, a conference can be held by the Supreme Court, Chancery Division, Family Part intake service, the probation division, or the county welfare agency. If the trial proceeds to trial, the testimony of witnesses and experts as well as the presentation of the results of any genetic testing play a substantial part in the resolution of <strong><i>paternity cases</i></strong>.</p><h2><strong>Trust the New Jersey Family Law Attorneys at Adinolfi &amp; Lieberman to Handle Your New Jersey Paternity Action</strong></h2><p>If you are considering a <b><i>New Jersey </i></b><b><i>paternity case</i></b> to protect your child’s future, or if you are facing a potentially complicated <b><i>paternity case</i></b>, you need a well-qualified <b><i>New Jersey paternity attorney</i></b> on your side.  The <a
title="Firm Overview" href="http://www.sjfamilylawyers.com/overview/"><b><i>Haddonfield NJ family law attorneys</i></b></a> of <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>Adinolfi &amp; Lieberman</i></b></a> can answer all of your questions and protect your interests.  As one of the largest law firms in <b><i>South Jersey</i></b> focusing exclusively on <b><i>family law</i></b>, our attorneys are well-equipped to represent clients in Family Courts throughout <b><i>New Jersey</i></b>, such as those in <b><i>Camden County, Burlington County, Cumberland County, Gloucester County, Salem County, Atlantic County </i></b>and <b><i>Cape May County</i></b>. Call us today at <b><i>856-428-8334</i></b> to schedule a confidential consultation or <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><b><i>contact us online</i></b></a>.</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/04/family-law-attorneys-nj-paternity-laws/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>NJ Family Law Attorney Explains Same Sex Adoption In New Jersey</title><link>http://www.sjfamilylawyers.com/2013/04/nj-family-law-attorney-same-sex-adoption-new-jersey/</link> <comments>http://www.sjfamilylawyers.com/2013/04/nj-family-law-attorney-same-sex-adoption-new-jersey/#comments</comments> <pubDate>Tue, 23 Apr 2013 21:07:21 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2335</guid> <description><![CDATA[By Thomas Roberto, Esq. According to the 2012 U.S. Census Bureau data, the number of children living with same sex parents in the United States has nearly doubled since 2000, increasing from approximately 65,000 to 110,000. Although the statistics do not delineate the percentage of adoptions, the emergence of same sex adoptive parents has become [...]]]></description> <content:encoded><![CDATA[<p><em><b><a
title="Thomas Roberto, Esquire" href="http://www.sjfamilylawyers.com/attorneys/thomas-roberto-esquire/">By Thomas Roberto, Esq.</a></b></em></p><p><a
href="http://www.sjfamilylawyers.com/files/2012/12/RobertoSmile.jpg"><img
class="alignleft  wp-image-2224" title="New Jersey Family Law Attorney, Thomas Roberto, Esquire" alt="New Jersey Family Law Attorney, Thomas Roberto, Esquire" src="http://www.sjfamilylawyers.com/files/2012/12/RobertoSmile-150x150.jpg" width="120" height="120" /></a>According to the 2012 U.S. Census Bureau data, the number of children living with <b><i>same sex</i></b> <em><strong>parents</strong></em> in the United States has nearly doubled since 2000, increasing from approximately 65,000 to 110,000. Although the statistics do not delineate the percentage of <a
title="Wills, Adoptions, and DYFS Matters" href="http://www.sjfamilylawyers.com/aop/wills-adoptions-dyfs-matters/"><b><i>adoptions</i></b></a>, the emergence of <b><i>same sex adoptive parents</i></b> has become apparent throughout the country. The number of <b><i>same sex adoptive parents</i></b> is only likely to increase as <b><i>same sex parenting</i></b> becomes more widely accepted.</p><p><b><i>New Jersey</i></b> was one of the first states to provide that sexual orientation and marital status cannot be used as a basis to prohibit couples from adopting. New Jersey permits <b><i>same sex couples</i></b> to petition for <b><i>single parent adoption</i></b>, <b><i>joint parent adoption</i></b> and <b><i>second parent adoption</i></b>. <b><i>Single parent adoption</i></b> refers to the general adoption process whereby one individual seeks to adopt a child or children. <b><i>Joint adoption</i></b> is the course by which a couple seeks to adopt. <b><i>Second parent adoption</i></b> describes a co-parent’s adoption of the child of his or her partner.</p><p>Although <b><i>New Jersey</i></b>, and many other states, expressly permit <b><i>adoption by same sex couples</i></b>, <b><i>adoption of a partner’s child</i></b> is not automatic upon entry of a <b><a
title="Civil Unions &amp; NJ Domestic Partnership Laws" href="http://www.sjfamilylawyers.com/aop/new-jersey-domestic-partnerships/nj-domestic-partnership/"><i>civil union</i></a></b> or<a
title="Domestic Partnerships" href="http://www.sjfamilylawyers.com/aop/new-jersey-domestic-partnerships/"> <b><i>domestic partnership</i></b></a> in every state across the country. If one partner to a civil union or domestic partnership has a child, or if they adopt a child together, <b><i>New Jersey Courts</i></b> will presume them to be the legal guardians of that child. However, states that do not permit same sex unions may not recognize a same sex partnership entered in a different state and, therefore, may not recognize the parental rights of same sex partners. For this reason, <b><i>second parent adoption</i></b> becomes a worthy consideration. By traversing the process for formal, <b><i>second parent adoption</i></b>, a co-parent in a same sex union can ensure that their parent-child relationship will be recognized as valid in any state.</p><h2><b>Call the Family Law Attorneys at Adinolfi &amp; Lieberman for New Jersey Single Parent Adoption, Joint Parent Adoption and Second Parent Adoption Matters</b></h2><p>The <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>Haddonfield, New Jersey family law attorneys</i></b></a> at <b><i>Adinolfi &amp; Lieberman</i></b> are experienced and knowledgeable in all types of <b><i>adoptions</i></b>, including those involving <b><i>same sex couples</i>. </b>If you are considering a <b><i>single parent adoption</i></b>, <b><i>joint parent adoption</i></b> and <b><i>second parent adoption</i></b>, call us at <b><i>856-428-8334</i></b> or <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><b><i>contact us online</i></b></a>. Our lawyers represent clients throughout <b><i>New Jersey</i></b>, including <b><i>Camden County, Burlington County, Salem County, Cumberland County, Gloucester County, Atlantic County and Cape May County.</i></b></p><p>&nbsp;</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/04/nj-family-law-attorney-same-sex-adoption-new-jersey/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>New Jersey Family Law Attorney: What Is A Final Restraining Order And What Does It Mean To You?</title><link>http://www.sjfamilylawyers.com/2013/04/new-jersey-family-law-attorney-final-restraining-order/</link> <comments>http://www.sjfamilylawyers.com/2013/04/new-jersey-family-law-attorney-final-restraining-order/#comments</comments> <pubDate>Thu, 18 Apr 2013 17:45:07 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2327</guid> <description><![CDATA[By Julie R. Freeman, Esq. We are often asked what a Final Restraining Order is and what it means to a person. A Final Restraining Order is a permanent no-contact  protection order that has been entered pursuant to the New Jersey Prevention Against Domestic Violence Act (PDVA),  N.J.S.A. 2C: 25-18 to 2C:25-35. If a Final Restraining [...]]]></description> <content:encoded><![CDATA[<p><a
title="Julie R. Freeman-Burick, Esq." href="http://www.sjfamilylawyers.com/attorneys/julie-r-freeman-burick-esquire/"><em><b>By Julie R. Freeman, Esq.</b></em></a></p><p><a
href="http://www.sjfamilylawyers.com/files/2013/01/freeman-e1357185355661.jpg"><img
class="alignleft  wp-image-2233" title="Julie R. Freeman, Esq.,  New Jersey Family Law Attorney" alt="Julie R. Freeman, Esq.,  New Jersey Family Law Attorney" src="http://www.sjfamilylawyers.com/files/2013/01/freeman-150x150.jpg" width="120" height="120" /></a>We are often asked what a <b><i>Final Restraining Order</i></b> is and what it means to a person. A <b><i>Final Restraining Order</i></b> is a permanent no-contact  protection order that has been entered pursuant to the <b><i><a
title="New Jersey Prevention Against Domestic Violence Act" href="http://www.judiciary.state.nj.us/family/dv.htm#prevention">New Jersey Prevention Against Domestic Violence Act (PDVA)</a>,</i></b>  <i>N.J.S.A.</i> 2C: 25-18 to 2C:25-35. If a <b><i>Final Restraining Order</i></b> has been entered, it means that a person alleging to be the victim of domestic violence has successfully obtained a <b><i>Temporary Restraining Order</i></b>, a final hearing has been held and the Court has determined an act of <a
title="Domestic Violence / Restraining Orders" href="http://www.sjfamilylawyers.com/aop/new-jersey-domestic-violence/"><b><i>domestic violence</i></b></a> has been committed by the named defendant and a permanent restraining order is necessary to prevent further abuse.</p><p>A <b><i>Final Restraining Order</i></b> entered by a <b><i>New Jersey</i></b> Court is a <i>permanent</i> Order. Unlike some other states, a <b><i>New Jersey Final Restraining Order</i></b> does not go away after a designated period of time. It can, however, be dismissed at any time by the victim if they so choose or could be dismissed over the victim’s objection if, upon application, the Court finds there is good cause to do so. However, unless or until a <b><i>Final Restraining Order</i></b> is dissolved, it carries very serious repercussions.</p><p>Under a <b><i>Final Restraining Order</i></b>, the victim is entitled to an Order:</p><ul><li>Restraining the defendant from subjecting the victim to domestic violence, as defined in the PDVA;</li><li>Restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members;</li><li>Restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim;</li><li>Prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person;</li><li>Prohibiting the defendant from possessing any firearm;</li><li>Prohibiting the defendant from possessing any other weapon enumerated in subsection r. of <span
style="text-decoration: underline">N.J.S.A</span>. 2C:39-1<a
title="" href="/Users/Nicole/Documents/Premier%20Legal%20Marketing/Adinolfi/atisaFinalRestrainingOrderandwhatdoesitmeantoyouFreeman-lg.docx#_edn1">[i]</a> and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located;</li><li>Requiring the defendant to receive professional <b><i>domestic violence</i></b> counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling; and</li><li>Requiring that the defendant report to the intake unit of the Family Part of the Chancery Division of the Superior Court for monitoring of any other provision of the order.</li></ul><p>In addition to this relief, <span
style="text-decoration: underline">N.J.S.A.</span> 2C:25-29(b) also mandates the Court “grant any relief necessary to prevent further abuse.” Such additional relief can include:</p><ul><li>Awarding the victim exclusive possession of the residence or home;</li><li>Awarding temporary custody of a minor child to the victim;</li><li>The suspension of any existing parenting time order;</li><li>Requiring an investigation or evaluation by the appropriate agency to assess the risk of harm to the child prior to the entry of a parenting time order;</li><li>Requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of <b><i>domestic violence</i></b>,</li><li>Requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members;</li><li>Granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects;</li><li>Awarding emergency monetary relief, including emergency support for minor children, to the victim and other dependents, if any;</li><li>Requiring the defendant to undergo a psychiatric evaluation.</li></ul><p>Under a <b><i>Final Restraining Order</i></b>, a defendant must be fingerprinted and have a mug shot taken and be listed in a national domestic violence registry. The Court also assesses a fee against the defendant. As reflected above, a defendant can also be ordered to undergo a substance evaluation, a mental health evaluation and/or anger management evaluation and the Court can require the defendant to comply with all recommended treatment.</p><p>If there are children involved, the Court can not only enter a temporary award of custody, but there is a presumption of sole custody in favor of the non-abusive parent. That means that generally custody will be granted to the victim in a <b><i>domestic violence case</i></b>. Additionally, the Court can also require a risk assessment and can order parenting time be suspended entirely or supervised pending the results of the evaluations discussed above and/or risk assessment.</p><p>A <b><i>Final Restraining Order</i></b> can also potentially impact a defendant’s job. For instance, if the defendant is required as a condition of their employment to carry a weapon, such as a law enforcement officer, upon the entry of the <b><i>Final Restraining Order</i></b>, they are no longer eligible to continue their former employment. This is because, as indicated above, pursuant to a <b><i>Final Restraining Order</i></b>, a defendant is prohibited from possessing weapons and any weapons the defendant may have must be seized. It can also affect a defendant even if they are not required to carry a weapon. For instance, if as a condition of employment a defendant is required to clear a background check, a <b><i>Final Restraining Order</i></b> may prevent the defendant from clearing that background check and continuing that employment.</p><p>Furthermore, while a <b><i>Final Restraining Order</i></b> is a civil order entered in the Family Part of the New Jersey Superior Court, it is considered a quasi-criminal order. This means that even though the Order was entered in Family Court, any violation of the Order is considered a crime and is punishable by the same penalties as any other crime would carry.</p><p>A <b><i>Final Restraining Order</i></b> is also enforceable by the police. If the police determine that a violation has occurred, the police are authorized to arrest the defendant and charge them with a crime. The conviction for the violation of a <b><i>Final Restraining Order</i></b> can include fines, penalties and even jail time. In fact, a second conviction for the violation of a <b><i>Restraining Order</i></b> requires a mandatory 30-day minimum jail sentence.</p><h2><b>Domestic Violence Cases Require Professional, Knowledgeable Family Law Attorneys Experienced Handling Temporary and Final Restraining Orders</b></h2><p><b><i>Final Restraining Orders</i></b> are very serious business indeed. They are intended to afford victims the maximum protection available. If you or someone you know has obtained or been served with a <b><i>Restraining Order</i></b>, do not delay in seeking legal assistance. Contact <b><i>Adinolfi &amp; Lieberman </i></b>for professional, trusted, experienced <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>New Jersey family law lawyers</i></b></a> who can assess your <b><i>domestic violence case.</i></b> Our offices are located in <b><i>Haddonfield, Camden County, New Jersey</i></b> and we represent clients throughout the State, including <b><i>Burlington County, Salem County, Gloucester County, Cumberland County, Atlantic County, and Cape May County</i></b>, as well as in the <b><i>Philadelphia</i></b> region of <b><i>Pennsylvania</i></b>. Call us today at <b><i>856-428-8334</i></b> or <b><i><a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/">contact us online</a>.</i></b></p><div><hr
align="left" size="1" width="33%" /><div><p><a
title="" href="/Users/Nicole/Documents/Premier%20Legal%20Marketing/Adinolfi/atisaFinalRestrainingOrderandwhatdoesitmeantoyouFreeman-lg.docx#_ednref1">[i]</a> <span
style="text-decoration: underline">N.J.S.A</span>. 2C:39-1(r) defines &#8220;weapon&#8221; as meaning “anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sand clubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.</p></div></div> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/04/new-jersey-family-law-attorney-final-restraining-order/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>New Jersey Family Law Attorney Explains the Ins &amp; Outs of Pet Trusts</title><link>http://www.sjfamilylawyers.com/2013/04/new-jersey-family-law-attorney-explains-pet-trusts/</link> <comments>http://www.sjfamilylawyers.com/2013/04/new-jersey-family-law-attorney-explains-pet-trusts/#comments</comments> <pubDate>Tue, 16 Apr 2013 16:54:03 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2326</guid> <description><![CDATA[By Alexandra Rigden, Esq. Many people view their pets as members of the family. Devoted pet owners, especially aging pet owners, often worry how the pet will be cared for, and by whom, in the event of the owner’s death or disability. For New Jersey pet owners, a pet trust fund may put an end [...]]]></description> <content:encoded><![CDATA[<p><a
title="Alexandra K. Rigden, Esq." href="http://www.sjfamilylawyers.com/attorneys/alexandra-k-rigden-esq/"><em><strong>By Alexandra Rigden, Esq.</strong></em></a></p><p><a
href="http://www.sjfamilylawyers.com/files/2013/03/AKR-Smile.jpg"><img
class="alignleft  wp-image-2311" title="Alexandra K. Rigden, New Jersey Family Law Attorney" alt="Alexandra K. Rigden, New Jersey Family Law Attorney" src="http://www.sjfamilylawyers.com/files/2013/03/AKR-Smile-150x150.jpg" width="120" height="120" /></a>Many people view their pets as members of the family. Devoted pet owners, especially aging pet owners, often worry how the pet will be cared for, and by whom, in the event of the owner’s death or disability.</p><p>For New Jersey pet owners, a <b><i>pet trust fund</i></b> may put an end to worrying about a pet’s long term care. The New Jersey Legislature (some of them presumably pet lovers themselves) has expressly recognized <b><i>pet trust funds</i></b> as valid. Here are a few rules to keep in mind about <b><i>pet trusts in New Jersey</i></b>:</p><p>A <b><i>pet trust</i></b> for a domesticated animal will end either when no living animal is covered by the trust, or at the end of 21 years, whichever is earlier. That may be bad news for owners of pets who have long life spans—some parrots, like the popular African Grey, can live 60 years or more. It is currently unclear how the Courts would handle this issue.</p><p>The “trustee” of the pet trust is the person who would manage the property of the trust. For example, if you left $10,000 for the care of a pet, the trustee would be the person in charge of that money. Even if the pet owner who created the trust has no trustee able or willing to serve, the court will appoint a trustee.</p><p>The trustee can only use the trust property for the benefit of the animal (unless the trust expressly provides otherwise). In addition to appointing a trustee, a pet owner should appoint a caregiver for the animal. The trustee would handle the money; the caregiver would be in charge of the care for the animal. Without a caregiver able to speak for the pet, a trustee could misappropriate the trust property.</p><p>Remember the “Queen of Mean”, Leona Helmsley? She left a $12 million dollar trust fund to her white Maltese, Trouble. Unfortunately there was trouble for Trouble: a Judge in New York reduced the amount of the <b><i>pet trust</i></b> from $12 million to $2 million. <b><i>New Jersey </i></b>courts also have the power to reduce the amount of property in the <b><i>pet trust</i></b> if the court determines the amount substantially exceeds the amount required for the trust’s intended use.</p><p>If you are worried about the long term care of your furry or feathered friend, a <b><i>pet trust</i></b> may be just what the veterinarian ordered!</p><h2><b>Adinolfi &amp; Lieberman: Our Family Law Attorneys in New Jersey Can Help to Set Up Pet Trusts</b></h2><p>For some pet owners, a <b><i>pet trust</i></b> can bring great peace of mind. The <a
title="Adinolfi &amp; Lieberman" href="http://www.sjfamilylawyers.com/"><b><i>New Jersey family law attorneys </i></b></a>at <b><i>Adinolfi &amp; Lieberman</i></b> understand that your pet is unique and priceless and will strive to help you make arrangements to have your pet taken care of in the event you cannot do it yourself. Call our offices in <b><i>Haddonfield, New Jersey</i></b> at <b><i>856-428-8334</i></b> to schedule an appointment or <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><b><i>contact us online</i></b></a>. We represent clients throughout <b><i>New Jersey</i></b>, including <b><i>Camden County, Burlington County, Salem County, Gloucester County, Cumberland County</i></b> and <b><i>Atlantic County</i></b>, as well as the <b><i>Philadelphia, Pennsylvania</i></b> area.</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/04/new-jersey-family-law-attorney-explains-pet-trusts/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>New Jersey Divorce Lawyers Discuss Case of Voided Prenuptial Agreement</title><link>http://www.sjfamilylawyers.com/2013/04/new-jersey-divorce-lawyers-voided-prenuptial-agreement/</link> <comments>http://www.sjfamilylawyers.com/2013/04/new-jersey-divorce-lawyers-voided-prenuptial-agreement/#comments</comments> <pubDate>Fri, 12 Apr 2013 15:04:22 +0000</pubDate> <dc:creator>maria</dc:creator> <category><![CDATA[Uncategorized]]></category> <guid
isPermaLink="false">http://www.sjfamilylawyers.com/?p=2325</guid> <description><![CDATA[In a recent ruling, a New York appeals court voted to uphold a judge’s decision to void a prenuptial agreement based on verbal promises. In this case, a young bride claimed she signed a prenuptial agreement under duress, four days before her wedding.  In order to convince her to sign the document, her groom apparently [...]]]></description> <content:encoded><![CDATA[<p>In a recent ruling, a New York appeals court voted to uphold a judge’s decision to void a <a
title="Prenuptial Agreements" href="http://www.sjfamilylawyers.com/aop/new-jersey-prenuptial-agreements/"><b><i>prenuptial agreement</i></b> </a>based on verbal promises. In this case, a young bride claimed she signed a <b><i>prenuptial agreement</i></b> under duress, four days before her wedding.  In order to convince her to sign the document, her groom apparently promised to destroy the <b><i>&#8220;prenup&#8221;</i></b> once they had children.  At the time of their divorce proceedings fifteen years later, the Court found that the circumstances in this case made enforcing the <b><i>prenup</i></b> unconscionable because it was signed under false pretenses.</p><p>This case is significant because it is the first time family law courts have looked at an oral promise as binding over a written <b><i>prenuptial agreement</i></b>, also known as a <b><i>premarital agreement</i></b>. <a
title="Divorce &amp; Separation" href="http://www.sjfamilylawyers.com/aop/new-jersey-divorce-separation/"><b><i>Divorce attorneys</i></b></a> believe this case could be used as a benchmark for future parties to <b><i>divorce cases</i></b> to argue that their <b><i>prenuptial agreements</i></b> are also unconscionable because of oral promises and therefore unenforceable.</p><h2><b>Prenuptial Agreements in New Jersey</b></h2><p>Governed by the <b><i>New Jersey Premarital Agreement Act</i></b>, <b><i>premarital agreements</i></b> are becoming increasingly popular in <b><i>New Jersey</i></b>. Couples enter into agreements to protect their high-value assets and to limit the amount of spousal support they will be responsible for, if any.  A <b><i>prenuptial agreement</i></b> can be a preventative measure to protect against a cost-prohibitive, financially devastating divorce.   In a prenuptial agreement, couples can outline in advance an agreed-upon settlement of monies, and division of assets and properties in the event of a divorce.</p><p>A <b><i>prenuptial agreement</i></b> can also be beneficial in the case of remarriage. A person can designate certain assets for his/her children from their previous marriage in the <b><i>prenup</i></b>.  The <b><i>prenuptial agreement</i></b> will protect these assets for the children and assure them that the familial possessions will remain theirs, regardless of their parent’s remarriage.</p><p>The recent New York case brings into question the manner in which family law courts will enforce <b><i>prenuptial agreements</i></b> going forward.   For this reason, it is more important than ever that you have an experienced <b><i>New Jersey matrimonial lawyer</i></b> to represent your interests in all aspects of <b><i>prenuptial agreement matters.</i></b>  The <b><i>New Jersey divorce attorneys</i></b> at <b><i>Adinolfi &amp; Lieberman</i></b> are experienced in drafting, creating, executing and defending proper <b><i>prenuptial agreements</i></b>, as well as setting aside agreements that violate the <b><i>New Jersey Premarital Agreement Act</i></b>.</p><h2><b>Consult the New Jersey Divorce Lawyers at Adinolfi &amp; Lieberman, P.A. to Discuss the Enforceability of Your Prenuptial Agreement</b></h2><p>If you are considering a <b><i>prenuptial agreement</i></b> to protect your assets or are being asked to sign one, or if you are facing a potentially complicated <b><i>divorce</i></b> involving a <b><i>prenuptial agreement</i></b>, you need a well-qualified <b><i>New Jersey divorce attorney</i></b> on your side.  The <b><i>Haddonfield divorce attorneys</i></b> of <b><i>Adinolfi &amp; Lieberman</i></b> can answer all of your questions and protect your interests.  As one of the largest law firms in <b><i>South Jersey</i></b> focusing exclusively on <b><i>family law</i></b>, our <b><i>matrimonial attorneys</i></b> are well-equipped to represent clients in Family Courts throughout <b><i>New Jersey</i></b>, such as those in <b><i>Camden County, Burlington County, Cumberland County, Gloucester County, Salem County, Atlantic County </i></b>and<b><i> Cape May County</i></b>. Call us today at <b><i>856-428-8334</i></b> to schedule a confidential consultation or <a
title="Contact Us" href="http://www.sjfamilylawyers.com/contact-us/"><b><i>contact us online</i></b></a>.</p> ]]></content:encoded> <wfw:commentRss>http://www.sjfamilylawyers.com/2013/04/new-jersey-divorce-lawyers-voided-prenuptial-agreement/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> </channel> </rss>