Fox & Melofchik, LLC. Law Blog

As posted by Laura Campbell for The Huffington Post.

For a while now I have been writing for the Huffington Post, which is a lot of fun and also fascinating. The Huffington Post is one of the most highly read online publications and therefore offers a huge and diverse audience with whom I can share my thoughts.

One of the things that I have found in the comments on my posts is that there seems to be a feeling by many that the individual who initiates a divorce is somehow both selfishly giving up on their marriage and will also enjoy a far easier time moving forward than the person who was “left.”

Not only do I disagree, but I feel obligated to share my thoughts on these positions, both as someone who initiated my divorce and as a Divorce Expert and Coach as well.

No one walks down the aisle at their wedding hoping that they will one day be divorced. In other words, no one “wants” divorce.

As you already know, divorce is one of those decisions that is incredibly difficult to make and more often than not, takes courage, strength and tremendous work to manage.

For me personally, my decision to divorce did not happen overnight as a Continue reading →

As posted by Judy Osborne for The Huffington Post.

A seven-year old was playing as his mother talked with a friend about her recent separation and divorce. The words “my ex” and “the ex” hung in the air — in anger, frustration or simply as a descriptor. At a pause in the conversation the boy wondered, “Does that mean he’s my ex-father?” Of course he wonders.

Our language about separation and divorce isn’t helpful to kids. I don’t think it’s helpful to parents either. The word “ex” and another common term, “broken family,” implies a final break. The language of “ex” and “broken family” keeps the center of attention on what’s happening with the adults.

Adults who have no children can divorce and walk away from each other. Parents may wish to walk away but are in each other’s lives forever. Many parents have some form of joint custody; therefore “ex” and “broken family” are no longer even accurate. As our notions of “family” change, there are more and more parents in wholly new categories. Some parents have never married — and may not even be Continue reading →

Another interesting approved-to-be-published decision.

For complications arising in lawsuits, specifically successive actions and the entire controversy doctrine, Fox & Melofchik, L.L.C. can assist you in developing the proper legal approach, whether in State Court, Federal Court or both.  Please visit us online at: http://www.jerseylawoffice.com or call 732-493-9400 for a free consultation.

Please click to read here:  a3111-10

As originally published by:

Please read this new unpublished Appellate Court decision regarding Zoning issues – prerogative writs.

Gary E. Fox, Esq., of Fox & Melofchik, L.L.C., has 37 years of zoning/variance experience.  Call for a free consultation for any Zoning/Variance issues you may have.  Please visit our website at http://www.jerseylawoffice.com.

Please click to read here:  a5076-10

There is a lot of confusion about the difference between a divorce and an annulment. There is also confusion between a legal annulment and a religious annulment.

A divorce is a legal end to the marriage — deciding all issues involved in the closure of the marriage and often assigning fault to one of the parties for the end of the marriage. The end result of a divorce is dissolution of the marriage. An annulment is also an end to the marriage and entails all the decisions a divorce involves if needed — property and debt division, custody, child support, and alimony. However, an annulment is a legal determination that the marriage was never valid in the first place.

An annulment determines that the marriage was not legal or valid when it was entered into and therefore never truly legally existed. The annulment legally erases the marriage, as if it never was. One important thing to note is that if you had children together during the marriage, the children are still considered to be legitimate — conceived in and born into a legal marriage and legal child of both of you. Annulments are more common with very short marriages, where one or both parties realizes rather quickly that a mistake was made, but it is certainly not unheard of for a much longer marriage to end in annulment. Alimony cannot be awarded in a judgment of annulment, since the court is deciding there was no legal marriage to begin with.

Annulments are not available because you’ve changed your mind, aren’t happy, feel you made a bad decision, are abused by your spouse, or feel you’ve been treated unfairly. There has to be a legal basis for determining the marriage was not valid. In most states, the legal process for an annulment is much like that for a divorce. Similar papers are filed and similar hearings are held. An annulment can be contested, just as with a divorce. However, annulments are often agreed upon by both parties, and since they usually happen very early in a marriage, the process is generally quick and easy. Annulments are not very common, but a lot of people seem to think they ought to be able to get one. In fact, an annulment is really the exception to the rule and very few people actually do get them.

Religious Annulment

A legal annulment is one granted by the court. It decides that legally there is no marriage. Once the marriage is annulled, you are a single person who has never technically been married. A religious annulment is entirely different. Religious annulments are granted by your religious institution. They have separate requirements and processes. Some people get a legal divorce and then seek a religious annulment so that they will be able to marry again in their church or temple. It is not always possible to obtain a religious annulment, so it is best to consult with your priest, rabbi, or other religious authority to learn what the requirements and steps are.

Perhaps the most important thing to understand about an annulment is that it can’t undo the pain or hurt you have suffered. Even if your marriage is deemed legally or religiously void, it was real while you lived it, and the only way to deal with the pain is to cope with it directly.

Source

Please read this new unpublished Appellate Court decision

“Emancipation of a special needs child who attends college part-time.”

Please click to read here:  a2001-10

Any questions regarding emancipation should be addressed to Fox & Melofchik, LLC, as we handle these issues professionally.  Please visit our website at http://www.jerseylawoffice.com.

Fox & Melofchik – New Jersey Civil Rights Lawyer - addresses civil union issues as well as divorces.

_____________________________________________

A lawsuit asserting that New Jersey’s civil union law does not provide proper benefits to same-sex couples has been bolstered by a state Superior Court judge’s ruling.

Superior Court Assignment Judge Linda Feinberg in a ruling published Tuesday allowed the suit against the state to include a previously dismissed argument that New Jersey’s marriage laws deny equal protection under the 14th Amendment to the U.S. Constitution.

The judge noted that other courts have considered challenges to discriminatory state marriage practices based on federal constitutional grounds.

“We’re reviewing the decision,” said Leland Moore, a spokesman for state Attorney General Jeffrey S. Chiesa.

The ruling keeps alive the possibility that same-sex marriage can be enacted, even as efforts through the legislative route have been blocked.

State lawmakers last week sent a Democrat-sponsored marriage-equality bill to Gov. Chris Christie’s desk, but the Republican governor, as he had promised, shot down the measure.

Feinberg’s decision was cheered by Lawrence S. Lustberg, one of the attorneys who last June filed the original four-count complaint Superior Court, Mercer County, on behalf of Garden State Equality, an organization with more than 82,000 members, along with seven same-sex couples and 10 of their children.

“It’s important. There are different interpretations of the federal and the New Jersey constitutions. This gives us another way to win,” said Lustberg, from the firm of Gibbons P.C.

Lustberg noted that the motion to broaden the lawsuit was filed before — but likely aided by — a ruling from a federal appeals court panel that said a California-approved ban on gay marriage violated the equal protection and due clauses of the federal constitution.

Feinberg’s 27-page decision includes passages that underscore the rejection by courts of relying on tradition as a basis for discrimination against a class. Lustberg says that analysis bodes well for the plaintiffs.

“Tradition is the main thing the state has pointed to for not altering the present laws,” he said.

Discovery is expected to continue in the coming months with the trial expected to begin next year.

Source.

A very interesting unpublished Appellate Court Decision.

“If you fail to provide requested discovery, your complaint will eventually be dismissed.”  Here, at Fox & Melofchik, L.L.C., we monitor each matter so nothing slips through the cracks. – please visit our website at http://www.jerseylawoffice.com

As originally published by:

Please read this recent Supreme Court Decision on Zoning & Planning Law.

Why an excellent and experienced attorney, such as Gary E. Fox of Fox & Melochik is needed for Zoning and Planning issues.

Please click here:  A10710AmericanDreamvTownshipofMarlboro.

Please read this approved Appellate Decision:

“Judges must provide statement of facts and reasoning/opinions with orders, not months later . . .”

Click to read here:  a1066-09

As originally published at: