Divorce and the present economy

Due to the rapid flucutations in stock market and housing prices over the recent years, the valuation of property for the purposes of equitable distribution in matrimonial actions has become somewhat more difficult. The value used to be determined as of the date the complaint for divorce was filed. That does still hold true. However, the speed with which fluctuations in the markets have occurred make it likely that the value of real estate and securities will change substantially between the time the complaint is filed and the items are in fact sold. In light of this situtation, recently in Rendine v. Rendine, the New Jersey Appellate Division determined that the values used in negotiation of a property settlement agreement were to be upheld rather than the values existing at the time of sale, when a party waitied a substantial time to sell the marital residence and a significant decrease in value was the result. Once an agreement is reached between the parties which is the best possible resolution for each at the time, both parties should carry out the terms of that agreement quickly in order not to be damaged by market fluctuations.

For assistance with a Divorce or for further information on Divorce visit HeatherDarlingLawyer.com.

Final Restraining Orders ready for removal?

As a follow-up to my post of Decebmer 28, 2009 regarding restraining orders, I am including this additional information. This past Wednesday, the New Jersey Supreme Court reviewed the case of Crespo v. Crespo in relation to violations of the 14th Amendment. As provided in my earlier post, often times an unrepresented Defendant unrepresented by counsel, and unaware of his rights or the burdens of the prosecution, will be found guilty of a violation of the Prevention of Domestic Violence Act under a mere preponderance of the evidence standard rather than the beyond a reasonable doubt standard required in situations bearing such lofty consequences. Crespo and future cases of a similar nature, which are most certain to follow, may be cause for revisiting existing restraining orders in order to have them removed for lack of adequate proofs in the initial proceeding which caused them to be set in place.

For more information on final restraining orders in New Jersey or to discuss having an existing restraining order removed visit www.HeatherDaringLawyer.com