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October 2013 Archives

Miranda Kerr and Orlando Bloom broke up... so who gets the beach house?

One of the most difficult aspects of a divorce can be the splitting of assets. New Jersey abides by the principal of equitable distribution. Our legislature and Courts have long since recognized that each case is unique, and a set of 16 statutory factors must be weighed to address the distribution of assets. N.J.S.A. 2A:34-23.1. Rothman v. Rothman, 65 N.J. 219, 232, 234 (1974).

Prenuptial agreements no longer just for New Jersey's rich

It can be an uncomfortable conversation to have amidst the happy planning for that big wedding day. However, for brides- and grooms-to-be, the criterion for considering a prenuptial agreement is no longer just being rich.

Kim Kardashian Engaged...Again!

In the latest Kardashian news Kim Kardashian is engaged...again! Kanye West rented out AT&T Field in San Francisco and proposed to Kim Kardashian in front of a 50-piece orchestra. Not to be outdone by Kim's past ring from ex-Kris Humphries, Kanye worked with famed jeweler Lorraine Schwartz and presented Kim with a flawless cushion cut 15-carat diamond ring. There is no telling how long Kim and Kanye's relationship will last but if things do head "South" before the pair walk down the aisle then under New Jersey caselaw Kim would be required to return the diamond engagement ring to Kanye. An engagement ring is viewed as a conditional gift, with the condition being the parties' marriage. If the engagement is broken before the parties marry the gift must be returned as the condition has not been satisfied. The New Jersey case of Winer v. Winer (241 N.J. Super 510 (App. Div. 1990) eliminated fault as a factor when determining the proper owner of an engagement ring meaning it is irrelevant which party may have been the cause of the engagement breakdown. I suppose we will all have to wait and see whether this pair's engagement is as flawless as the engagement ring itself.

Support Modifications in a Disastrous Economy

Support modification motions have long been regarded as among the most challenging and difficult applications to present to a court. This sentiment is even more appropriate in the current economic climate. While economic indicators appear to forecast improved financial days ahead, there is no way to predict when or if these changes will occur. In the meantime,more and more litigants struggle to find relief from support obligations they can no longer meet.

Lynn Newsome reappointed by New Jersey Supreme Court

Newsome O'Donnell is proud to announce that Lynn Newsome has been reappointed by the Supreme Court of New Jersey to serve on the Family Practice Committee, representing the New Jersey State Bar Association for the 2013-2015 term.

Child custody: What's in a name?

It's an old question, but in one form or another, it's a question that expectant parents ask every day: what's in a name? Most parents take the naming of their child very seriously, and sometimes disputes arise over what a minor child's name should be after the parents divorce or separate.

The waters of marital separation could be deeper than you think

You may know some spouses who have taken this route: their marriage is on the rocks; they've drifted apart; they find it's easier to handle job and family obligations if they simply separate. On the surface, it makes sense, but living apart for too long without a finalized divorce can cause problems down the road.

New experiences, new excitement after divorce at 50

Divorce after the age of 50 is definitely stressful, said one woman who decided to share the personal details of her story. There is no denying that separating from someone who you have devoted literally a couple decades of your life to can be stressful, emotional and quite a shock.

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