• Misconceptions About Filing for Divorce in NJ. Family Law Firm Morris Bergen Sussex Warren County

    Kim Kardashian Divorce Special – watch more funny videos

    If you are contemplating a NJ divorce, make sure that you have proper legal counsel because the divorce laws are complex. Some people make the mistake of trying to handle the divorce process on their own, which often leads to costly mistakes. This article will clarify some mistakes and misconceptions about divorce and the divorce process.

    It Does Not Matter When You File Your Divorce Papers and Divorce Forms

    There are several reasons why you should not be hasty in filing your divorce papers or divorce forms. A big reason why you might want to hold off filing is that a person receiving a Complaint for Divorce will generally become agitated, emotional, angry and distant. This can cause a break-down in your settlement discussions because the party being served may no longer be open to negotiate a final settlement agreement.In certain circumstances, it would be advisable to consider engaging in settlement discussions to achieve a total resolution and agreement before filing the divorce forms. However, each situation is unique and a skilled NJ divorce lawyer can advise you on the best approach foryour specific circumstances.

    Adultery Financially Harms You in a Divorce

    There is a common misconception in New Jersey (NJ) that if your spouse commits adultery, you will receive punitive damages against that spouse for their unfaithfulness to you and your marital vows. While this is true in many States, it is not true in New Jersey. It is natural for you to feel victimized by the act of adultery against you. However, the divorce laws in NJ are forgiving in this area. The New Jersey family law court system and judges will not generally require an unfaithful spouse to make payment for their wrong-doing. Still, in certain situations, relief from your spouse may be warranted. For example, if your spouse spent marital money on the other person (paramour) during their affair, then you may be entitled to collect reimbursement payments. Talk to a New Jersey divorce attorney for legal advice specific to yoursituation.

    A Defendant is the Wrongdoer in Divorce Court

    Many people believe that they should rush to file divorce papers with the NJ family court because this will mean that they will be designated as Plaintiff and their spouse will be designated as Defendant. It is true that filing the Complaint for Divorce forms first will translate into your being named Plaintiff for the entire divorce process. However, being named as Plaintiff in divorce court has no other real significance in your divorce matter. There is no inference of blame assigned to the party who is named as Defendant. This is not a criminal proceeding and therefore the label of Defendant is not meant to be accusatory. Rather, the label of Plaintiff in the divorce process generally translates into the party who will be expected to present his or her case first, should a trial occur.

    For more legal help and information about New Jersey divorce and family law related matters or to download a free copy of my divorce guide, visit my web-site at

    Attorney Bari Weinberger is the Associate Author of the book New Jersey Family Law Practice, utilized by virtually every NJ family law attorney. She also served as child custody new jersey lawyer for domestic violence nj, nj restraining order

  • How to Have an Amicable Divorce

    Just because a couple is divorcing is no reason that they can’t remain friends. After all, you’ve put years of your lives into each other; you didn’t work out as a couple, but you can still honor the relationship you had and the importance it had in your lives, even as you grow apart and change. Besides, divorce litigation is expensive and painful; even if you can’t manage to be friends, at least being civil will save you thousands of dollars and hundreds of hours.

    The first step is to talk to a New Jersey divorce attorney. Make sure that you understand your rights within the legal system. Emphasize to your New Jersey divorce attorney the importance of an amicable divorce to you: you’re not out to “stick it to†your soon-to-be-former spouse, you want to resolve this relationship in the most civilized manner possible. Make sure you hire the right New Jersey divorce attorney to represent you: you want one with years of experience who knows the judges in the county, so your lawyer will have a better idea of how a particular judge thinks and will rule.

    Nail down all details in writing. If you agree on something, you won’t have as much to argue about afterward. Make sure to both sign and date the document. Agree with your spouse when they’re actually right; they may become more inclined to compromise on other issues. If, against your best hopes, the relationship is getting acrimonious, be assertive and explain your needs to your partner and your New Jersey divorce attorney. However, be realistic. Try to meet with your spouse in neutral locations, if the relationship has deteriorated—not the home you lived in together (painful memories) or either of your new homes (painful speculations).

    Consider the best interests of your children above all: they didn’t cause the divorce and it’s not fair to hurt them in the process. Be considerate and patient and consider checking out a book for parents who have just been divorced; there are many picture books you can read with your small children. Don’t disparage your spouse to your children, but help them maintain a relationship with both their parents. Be sure to coordinate with your spouse about issues of raising your child and child custody in New Jersey.

    The most important factor in recovering from a divorce, though, is developing your new life. Set goals for yourself. What did you want to do with your life that you might not have been able to pursue because of your marriage? Avoid broadcasting new loves—whether serious or not — to your partner: that’s not moving on. Take care of yourself: eat right, exercise, get enough sleep and take some time for yourself every day. The healthier you are, the more rational you’ll be with your ex. Use your friends for moral support, but don’t keep rehashing your divorce. Instead, cultivate new friends and new topics of conversation. In no time, your divorce will be a memory: only as painful as it had to be.

    http://goarticles.com/article/How-to-Have-an-Amicable-Divorce/5683244/

  • New Jersey Divorce Attorneys: Grounds for Divorce

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    According to the statistics released by APP.com, New Jersey boasts the lowest divorce rate in the US, with about 6 divorces for every 1000 citizens in 2009. However, divorce remains a real problem for the person facing the situation and hiring the services of experienced New Jersey divorce attorneys is the best course of action.

    Divorce attorneys work with spouses, sorting out legal decisions on all matters like child custody, spousal support, as well as tax considerations. Selecting a lawyer who is capable of handling all the decisions related to family law is very important. In order to file a case of divorce, certain rules need to be followed. Either of the spouses needs to be a resident of NJ for at least one year prior to the filing of the divorce case, except in the case of adultery.

    New Jersey Divorce Attorneys: Important Grounds for Divorce

    To select a New Jersey divorce attorney, it is very important to know the various grounds on which NJ law allows the filing of a case. These grounds include:

    1. Extreme cruelty: It includes any kind of mental or physical cruelty, which makes it unbearable for an individual to stay with their spouse.

    2. Adultery: The court describes this as a situation where one spouse rejects the other by entering into a personal relationship with a third person.

    3. Desertion: This is based on the continuous and willful choice by any one spouse to desert the relationship for more than 12 consecutive months.

    4. Deviant sexual conduct: This results when if the defendant gets into any kind of deviant sexual conduct without the consent of his/her spouse.

    5. Imprisonment: This happens only when a spouse has been imprisoned for more than 12 months.

    How New Jersey Divorce Attorneys can Help

    While facing a divorce, we need someone whom we trust and feel safe with to help us through the process. New Jersey divorce attorney help by:

    1. Offering truthful answers and the right advice.

    2. If a divorce is inevitable, they can help to negotiate the terms and conditions for matrimonial settlements related to property, while keeping the emotional turmoil to a minimum.

    3. The attorneys also prepare persuasive legal documents and convincing arguments, which will help the client get a verdict in their favor.

    4. New Jersey divorce attorneys give personal attention to each client to ensure that all their needs are met, both emotional and finances, through the divorce settlement.

    Remember to have a candid discussion about the fees before hiring a New Jersey divorce attorney, so that you are not taken by surprise later.

    Looking online for an experienced New Jersey divorce attorneys. Find attorneys who offers personalized help for each of its clients.

  • How Can I Collect Case Information Statement Data Quickly?

    New Jersey divorce attorneys are faced with the task of gathering comprehensive financial data to determine fair settlements for their clients. Unfortunately the actual collection of this information can require a lot of the attorney’s time unless they take advantage of the latest advances in Case Information Statement software.

    Manual Collection

    Twenty or so years ago, most family law practices handed out badly-photocopied forms for their clients to fill out with income histories, expense estimations and lists of assets and liabilities. The attorneys were then left to sift through this information to determine settlement offers, a process so complex that many practices were forced to hire outside accountants to handle the number crunching.

    Surprisingly, many law firms still use this outdated practice. Manual data collection is slow and cumbersome for both the client and the attorney. Entering that information into New Jersey matrimonial software is tedious and prone to errors. Finally, the amount of paper involved is not exactly earth friendly. Luckily modern digital technology has opened up a better way: electronic collection.

    Emailed Forms

    Email was a big innovation in divorce data collection. Customers could fill out PDF forms or Microsoft Word files, scan any necessary forms and send the bundle to the attorney via email. Some software was able to import the information directly, eliminating data entry errors. Attorneys were able to store the documentation electronically, saving file cabinet space not to mention a few thousand trees.

    However email has a serious flaw: it’s insecure. When a client hands you a folder full of papers, or you receive an envelope in the mail you can be fairly certain no unauthorized people have seen the information. When the same information is sent through email, the documents pass through a host of insecure computers and could be intercepted by identity thieves.

    Secure Web Portals

    The web gave consumers access to everything from their bank accounts to online shopping to their home security systems. Along with access had to come a robust level of security to keep out unauthorized users. Today’s NJ family law software applications use the same technologies that keep our credit card transactions safe to protect client financial information.

    Using one of these secure web portals, your clients can log into a website and enter nearly all the information needed for a New Jersey divorce online from the comfort of their own homes, and at their own pace. The connection is encrypted to discourage eavesdropping, and the information can be imported directly into the software to produce a complete Case Information Statement within seconds.

    These web portals have another benefit: collaboration. Each party in a divorce can work from the same baseline information, making it easier to come to an agreement.

    Secure web portals are just one of the ways that cloud technologies are revolutionizing legal practice management software and ushering in a new age of automated law applications that help attorneys close cases quickly and securely.

    http://www.articlesbase.com/divorce-articles/how-can-i-collect-case-information-statement-data-quickly-6806013.html

  • Access New Jersey Divorce Records

    People don’t seem to have any qualms about New Jersey divorce these days. This is proven a million times every year in the US. Yes, that’s the divorce rate in the country and official records are kept and maintained for them. New Jersey Divorce records are a public vital record category along with Marriage, Birth and Death in the majority of states and they are required by law to be made available for public access and review.

    In a free society like ours, divorce is easy. It’s usually just a matter of running through the formality; filing, hearing and decree. Checking on public records is not difficult either. They are comprehensively documented, filed and uploaded from the local courthouse or county office where the divorce was granted to the designated state department which is usually the data and statistics office.

    Often, centralized public records at state-level departments fall short. As a result, deeper and more targeted searches invariably end up at the particular county-level office where the divorce was granted. This is especially true when certified copies of original documents like the Divorce Decree and Divorce Certificate are required. They are available practically free of charge as search fees if charged are typically nominal.

    A great deal of information about people can be derived from free New Jersey divorce records. They show the personal particulars of the divorcing parties such as age, address and so forth plus those of their children if any. Other details will also be produced. Examples of this are asset division, financial settlement, alimony and child support, custody and visitation and reason for divorce. Except for those officially classified as confidential, anybody can have access to anyone’s public divorce records.

    Access Divorce Records

    Free New Jersey divorce records can be requested in many ways. Generally, the available options are walk-in, telephone and fax but the online requests over the internet are catching on very well due to its convenience and are increasingly offered by the responsible government agencies. Processing time and fees vary among the various offices but the ranges are quite standard.

    Of late, commercial record providers have come into the picture with a bang. The fee-based information they bring are typically of high professional standards, the industry being so immensely competitive. They tap into government databases but top them with private ones. The most distinct feature about them is that their databases are consolidated at national level which means multi-state searches don’t have to be conducted state by state, a perennial pain with government resources.

    http://goarticles.com/article/Access-New-Jersey-Divorce-Records/4153193/

  • New Jersey Divorce Records

    If you ever had interest in finding New Jersey divorce records in the past but didn’t know where to look, or if you’re just hearing about this for the first time, I’m here to tell you that conducting a search for the records online is easier than ever before.

    Unlike the dark ages before the internet, when a long and tedious process would be required to get your hands on these files, a quick and confidential search of a NJ divorce records search site can now net you this information in seconds.

    Many great websites have been created in the past few years that deal with nothing but divorce records, as the need for this information continues to rise right alongside the rising divorce rates.

    Sites like your county registry offer a real bevy of information, running the gamut from the details of the court hearings down to personal information of those involved, even the lawyers and judges. Addresses, phone numbers, financial information, all of this and more is accounted for in these files.

    Most importantly you have complete confidentiality when looking through these files, so you can do so while feeling assured that your own personal information is not being collected and used against your wishes. You also should be assured that these records are public documents and completely legal to look at.

    Some sites may claim this to be fact regarding other documents they hold when in fact those files are private and illegal to be stored or viewed, but this is not the case with New Jersey divorce records. I have personally looked into the matter to assure both myself and you, and these documents are indeed public and legal for anyone to behold.

    So if you have a burning desire to reveal the hitherto unknown facts of a divorce case that affected you, need files from your own divorce for one of the many reasons you might, or simply want to find out some personal information on someone, you can do so quickly, confidentially and legally.

    You can search New Jersey divorce records at http://www.countyregistry.org/divorce-records/new-jersey/

  • A New Perspective on New Jersey Child Custody

    Actually she belongs to New Jersey, doesn't she?

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    Often times, New Jersey child custody is viewed as a battle.  A grueling, painstaking battle between mother and father.  A battle where one will come out victorious.  After all, what’s a battle without a winner?  But is that really how New Jersey child custody should be viewed—as a battle?  And if there’s a winner at all, shouldn’t it be the child? It seems as though parents, amidst the dark days of divorce, lose sight of what’s “in the best interest of the child.” So, let’s take a timeout and examine New Jersey child custody in a positive light, one where the child’s best interest is actually the primary consideration.

    While divorce in New Jersey has the potential to be an unpleasant and emotionally challenging experience, it can also be amicable.  People divorce for all different reasons.  Whatever the situation may be, petty grievances need to be put aside in order for a level-headed, mature decision to be reached regarding your child.  New Jersey child custody should be considered from the viewpoint of the child, not the adults.

    While most individuals like to think they know what’s best for their kids, sometimes a little guidance is needed. This is where a New Jersey divorce lawyer and New Jersey child custody laws can be of assistance.  Over the years, New Jersey child custody laws have been amended to fit the best interests of the child.

    Based on the New Jersey Divorce Statute, the following factors may be considered for New Jersey child custody:

    •    The parents’ ability to agree, communicate and cooperate in matters relating to the child.

    •    The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.

    •    The interaction and relationship of the child with its parents and siblings.

    •    The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent.

    •    The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.

    •    The needs of the child.

    •    The stability of the home environment offered.

    •    The quality and continuity of the child’s education.

    •    The fitness of the parents.

    •    The geographical proximity of the parents’ homes.

    •    The extent and quality of the time spent with the child prior to or subsequent to the separation.

    •    The parents’ employment responsibilities.

    •    The age and number of the children. A parent shall not be deemed unfit unless the parents’ conduct has a substantial adverse effect on the child.

    At the end of the day, New Jersey divorce lawyers and the courts, in general, are going to look for what’s in the child’s best interest.  As an adult, regardless of your marital situation, you should do the same.  However, it is advisable to always seek the counsel of an experienced New Jersey family law and divorce lawyer.  By staying proactive and level-headed, you will be able to reach a child custody arrangement where your child will continue to grow into a healthy adult.

    http://www.articlesbase.com/divorce-articles/a-new-perspective-on-new-jersey-child-custody-4061170.html

  • How to Select a New Jersey Divorce Lawyer

    When searching for a New Jersey divorce lawyer, you need to know the kinds of issues that may arise during a divorce. Under New Jersey divorce laws, divorce cases may involve child custody, child support, spousal support, division of marital property and related issues.

    Some of these issues can get very complicated and may call for several hearings with witnesses and evidence. Things can get very expensive over time if you have a hotly contested divorce. So you need to be aware that you may not be able to afford a full and complete trial of every single issue that you would like to litigate.

    So when consulting with NJ divorce attorneys, make sure you have an idea of the things you feel the need to litigate and how you expect to pay your divorce legal fees. In some limited cases, it is at least possible that the other spouse may be ordered to pay your legal fees. But this is something you will have to discuss with a New Jersey family attorney or law firm.

    Once you have all of this information, it is time to start searching for a lawyer. In the Resources below, you will see a couple of links that can help you get started. For example, FindLaw has a directory of New Jersey divorce attorneys online. Select your NJ county first to see a list of lawyers in your area.

    The other link leads to a list of New Jersey bar associations. County bar associations may be able to help you find a local NJ divorce lawyer. Note that some lawyer referral services may involve an initial fee.

    Preferably, choose a New Jersey family attorney in your area who is willing to litigate the issues you want to resolve but also within the budget that you set. You do not want to pay some up front and then have your lawyer abandon you in the middle of litigation because you cannot pay your legal bills.

    Resources:

    New Jersey Bar Associations

    FindLaw Directory of NJ Divorce Lawyers

    View profile

  • Top New Jersey Divorce Attorneys

    Marriage is explained to be manufactured in heaven but the journey for your future needs to be continued on earth. Marriage can be a beautiful romance shared involving two individuals who’re in adore and with commitment and have confidence in.

    Quite a few a occasions this partnership may be strained with all the bitterness of divorce. Divorce comes about when two folks no lengthier wish to proceed getting within a relationship bounded from the institution of marriage.

    Divorce can happen for good reasons cited like incompatibility wherever the partners no longer concur on prevalent factors, abuse or violence possibly bodily or emotional in marriage in which 1 with the companion is targeted, alcohol addiction or substance abuse making existence miserable to the other companion, getting disloyal or unfaithful for the spouse, no commitment within the marriage, lack of communication primary to host of misunderstandings while in the marriage, distinct views relating to religion, tradition, inability to alter and lots of other aspects.

    New Jersey Divorce Attorneys possess the correct expertise with all the essential experience to execute all the approach with the divorce effortlessly, thus reducing the emotional drain and emotional stress to the celebration involved in the divorce.

    New Jersey Divorce Legal professional requires up the lead to in the finest interest from the plaintiff plus the members of the family. The lawyer will legally stand for one’s induce keeping in brain their concerns and interests.

    The lawyer also helps in having a whole new Jersey legal separation if both the partners are unsure of acquiring a divorce, the lawyer aids in making the settlement agreement which must be executed involving the kid maintaining, maintenance volume, allocation or division of possessions and debts.

    New Jersey Divorce Attorneys who are professionals possessing enough experience will assist in delving into the many authorized possibilities and facets earlier than thinking of or heading forward with the divorce.

    It can be a daunting job which normally requires toll on one’s emotional frame, this really is created easy and basic using the aid of an expert lawyer who has the best competence and talent fights the bring about maintaining the most effective interests of one’s spouse and children.

    Acquiring divorce can spring a host of troubles relating to baby care and custody, which can be resolved in a specialized method with enough care as it is often a sensitive problem dealt aptly through the divorce legal professional. 1 additional essential concern is to get the suitable legal professional who is certified through the Supreme Court as being a matrimonial legal professional.

    Get more info on the best divorce lawyers nj and also new jersey divorce attorneys.

    http://www.articlesbase.com/law-articles/top-new-jersey-divorce-attorneys-4121128.html

  • How Enforceable Is Your Prenuptial Agreement? – Part One ? Nj Divorce Law Prior to the New Jersey Premarital Agreement Act.

    Prenuptial agreements have increased in popularity in New Jersey. These agreements are entered into to protect assets and to avoid or limit liability for spousal support and to avoid what could otherwise be a prohibitively expensive divorce.

    Obviously prenuptial agreements are not for every couple. A previously divorced individual, for example, might want to safeguard certain marital assets for children of the prior marriage. Others of robust financial standing may seek to enter into prenuptial agreements to assure them that their intended is not planning to marry them for their wealth. Still others may have an ancestral home intended to remain in the family. Prenuptial agreements can be crafted to address these issues.

    There is also the issue of interpretation of NJ divorce law at the time of the divorce. Judges have much discretion in applying the facts of the case to the law in a New Jersey divorce. Engaged couples can eliminate some of the guesswork by taking these decisions away from the courts by entering into prenuptial agreements.

    Prenuptial agreements are not automatically enforceable. This, despite the unquestionable benefits of expeditiously settling financial issues and notwithstanding the intentions of the parties. NJ Divorce lawyers must be quite conversant with the applicable law, to adequately protect the interests of the prenuptial agreement client.

    Back in the day, when women were thought of as the weaker sex, this primitive concept triggered the presumption that any robust, bread-winning male who would even think to approach his wife with a prenuptial agreement, could only be up to no good. Obviously, he was conniving to take advantage of his admiring mate, who was committed to marry him whatever the cost. Public policy, therefore, mitigated against enforcing the prenuptial agreement at the expense of the impoverishment of the divorced wife.

    This public policy concern still obtains today, applied equally to spouses of either gender. The growth of this area of the New Jersey divorce law has been gradual. There remains an uncomfortable level of uncertainty. The very idea of one fiancé introducing the prenuptial agreement idea to the other as a condition for marriage is still unsettling to many. The courts cannot help but notice that coercion, duress, fraud and unconscionability could easily enter into the picture when such agreements are sought, especially after the band has been booked and honeymoon plans made.

    Since the advent of the premarital agreement, socioeconomic changes have occurred with respect to the people negotiating them. The failure rate of first marriages is better than 50 percent, with the rate of NJ divorces from second marriages significantly higher than that. It is not unusual, therefore, for intelligent couples to be interested in entering into premarital agreements.

    The New Jersey divorce court initially addressed the issue of prenuptial agreement enforceability in Chaudry v. Chaudry (1978). The husband and wife entered into a prenuptial agreement in Chaudry, which provided that the wife would receive a lump sum of money either during or after the marriage. However, as specified in the agreement, she would not be entitled to receive any support whatsoever if there was a divorce. Both parties happen to be citizens of Pakistan. The agreement was consistent with the laws of that nation.

    The husband filed for divorce under Pakistani law. He thereupon paid to his wife the amount specified in the agreement. She then filed suit in New Jersey divorce court, the State in which the husband then resided, asking that the premarital agreement be set aside. The New Jersey trial court found that, under the terms of the agreement, the wife was being paid a relatively meager amount. This, among other factors, the New Jersey divorce court found, rendered the enforcement of the agreement contrary to public policy. The Appellate Division, however, reversed the New Jersey divorce court findings, holding that, since the premarital agreement was freely negotiated, fair and equitable at the time was entered into, it was in no way against public policy. The agreement was enforced according to Pakistani law.

    There have been a number of important cases published in New Jersey since 1984. First there was Marschall v. Marschall. The Marschall decision established specified criteria for the enforceability of prenuptial agreements. Full disclosure by the parties concerning their independent assets and financial status was mandated, which disclosure must include any and all items that might influence the other party”s decision concerning the ultimate fairness of the agreement. To enforce the agreement in the future, the party seeking enforcement has the burden of proving that the required disclosure had occurred.

    The Marschall Court also recommended that the advice of independent counsel be sought by both parties. It is important to note that independent legal representation alone is not enough to validate a New Jersey prenuptial agreement. However, independent representation by a New Jersey divorce lawyer prior to entering into such an agreement, bears considerable weight in proving that the represented party fully understood the meeting of the agreement prior to signing it.

    Marschall made it clear that the Court could not enforce any agreement that was "unconscionable." An agreement, therefore, that would provide a standard of living that was far below that which was enjoyed before and during the marriage would more than likely not be enforceable by any Court.

    Then came D”Onofrio v. D”Onofrio, which concerned itself with more fully developing the requirement of mutual disclosure. In that case, Ms. D”Onofrio sought to have the premarital agreement that she had entered into without the benefit of legal counsel set aside. In making its decision, the Court examined the husband”s disclosure of the assets that had been given to his wife. The prenuptial agreement included statements that acknowledged the disparity between the holdings of the parties.

    Further statements illustrated the wife”s acceptance of the monetary settlement she would receive in the event of a divorce. Interestingly, the wife acted as the husband”s bookkeeper prior to marrying him. This fact provided proof that the wife fully understood what it was she was signing.

    The Appellate Court agreed with the Trial Court”s assessment that the agreement was indeed enforceable, citing Marschall. That notwithstanding, the Appellate Court adjusted the wife”s alimony, in order to more closely approximate the standard of living enjoyed during the marriage. This was done in view of the fact the in that there was not sufficient equitable distribution to the wife to otherwise offset the costs of maintaining her lifestyle.

    Next, the widely publicized case of DeLorean v. DeLorean. This case focused its attention on voluntariness and duress. The Court found, regardless of the fact that Mr. DeLorean threatened to pull the plug on his wedding if his fiancée refused to sign the prenuptial agreement, that the threat did not amount to duress or fraud. The wife had retained independent counsel, whose advice she actually disregarded when she opted to sign the agreement. Although the Court reiterated the principle that unconscionable agreements are not enforceable, it went on to draw the distinction between "unconscionable" and "unfair." The Court made it clear that it would not refuse to enforce a prenuptial agreement simply because that agreement may be unfair.

    The next New Jersey divorce case is Orgler v. Orgler. There, the wife demonstrated that she did not have sufficient knowledge to competently enter into a prenuptial agreement. She had signed the agreement after consulting with an NJ divorce attorney for less than one hour. The agreement did not have a statement of the parties” assets attached. Even though the wife knew that her husband was a man of some wealth, the balance of the proofs showed that she really had no idea of what the consequences of signing the prenuptial agreement truly entailed. The attorney that she had consulted had been chosen for her. The attorney met with her only once and on the same day that the agreement was signed. Equitable distribution and alimony was not explained. The Appellate Division affirmed the Trial Court”s decision that the agreement was not enforceable, based on prior New Jersey divorce case law.

    In 1993, the Appellate Division decided the New Jersey divorce case of Jacobitti v. Jacobitti. The holding of the Court was that any prenuptial agreement that would leave one spouse wealthy and the other without means of support is unconscionable and therefore unenforceable under New Jersey divorce law. Jacobitti was, however, an extremely fact-sensitive case. Ms. Jacobitti was wheelchair bound and suffering from multiple sclerosis in a progressively deteriorating condition. The Court found that the circumstances clearly made the enforcement of the agreement unconscionable; a finding that is also consistent with the definition of unconscionable within the context of the New Jersey Premarital Agreement Act.

    By Curtis J. Romanowski, Esq., New New Jersey Divorce Lawyer (http://www.divorcenewjersey.com/). Voted New Jersey Super Lawyer, Family Law for the 2nd consecutive year, expert in NJ Divorce & Child Custody Law. Article reproductions must include a link to http://www.divorcenewjersey.com

    http://www.thefreelibrary.com/How Enforceable Is Your Prenuptial Agreement? – Part One ? Nj Divorce…-a01073775547