New Jersey Bill Questions Conscionability in Prenuptial Agreements

prenup agreements New Jersey - conscionability
A bill under consideration in the New Jersey legislature (S-2151) will dramatically change how premarriage and precivil union contracts, also known as prenuptial agreements, are evaluated and enforced in the state. Presently, the courts determine the justness of a prenup at the time the couple seek their divorce, allowing for modifications in certain cases where health or financial circumstances have changed for spouses. Under the new bill, judges would be required to evaluate prenups for conscionability as of the date they were executed, which may be decades before the divorce. What are the pros and cons of the bill? What could this mean for your prenup? Weinberger Divorce & Family Law Group attorney Carmela Novi offers information and thoughts on how this possible new law might affect your divorce proceedings: Read more

Jennie Garth Attributes Weight Loss to Post-Divorce Stress

Jennie Garth has kept a low profile since announcing her split from actor husband Peter Facinelli this past March — which may be why the 90210 actress had tongues wagging she showed up at a recent movie opening looking very thin. Jennie owned up to her sudden slimdown, blaming her weight loss since March on her divorce, US magazine reports. Read more

Essex County Divorce Trials Back On! Now What?

Eight months after being halted in Essex County, divorce trials are now slated to resume in the state’s busiest courthouse starting September 1, 2012. Trials were first suspended in December 2011 due to New Jersey’s ongoing judge shortage crisis. With careful maneuvering, however, and the use of temporary judges from other counties, Essex County has winnowed it’s vacancy rate down to just 10 open spots among its allowed 44 judges.

This is welcome news, but it looks like divorcing couples in Essex County waiting for their litigated and/or contested divorce to proceed still need to have patience when it comes to having their day in court. Read more

How Do You Announce That You’re Getting A Divorce?

When it comes to the tangled web that is your personal social network (the offline one as well as your online network of friends), how do you go about announcing your divorce? Breaking the news is different, of course, depending on whether you’re talking to your parents, your coworkers, casual acquaintances, the kids’ teachers, or that nosy next door neighbor — but how do you do it? Consider this triage approach to spreading the news. Read more

Getting Top Dollar for Household Items Sold During Divorce

As part of your divorce settlement, the decision was made to liquidate certain household assets and split the proceeds. So where do you go to get top dollar for things like paintings and art work, antiques, and other jointly owned valuables and collectibles? If you have items to unload, here are some people and places that can help maximize your money: Read more

Lessons from the Holmes-Cruise Divorce

Katie Holmes and Tom Cruise reached a settlement agreement in their headline-making divorce only 11 days after Katie filed in New York to end the marriage. The contents of the agreement are confidential, but the statement released by Katie’s legal team, “We are thrilled for Katie and her family and are excited to watch as she embarks on the next chapter of her life,” seems to be a telltale sign that the actress got exactly what she wanted. How did she do it? Here are three key ways Katie’s approach to divorce was incredibly smart: Read more

Celebrity Divorce: Does Katie Holmes Meet State Residency Requirements?

We’re watching the Katie Holmes and Tom Cruise divorce unfold just like everyone else and will no doubt have much to say on the topic in upcoming posts. But for now, we’ve decided to put aside issues of religion and prenuptial agreements, to focus on one seemingly small issue that may have a big impact on Katie Holmes’ divorce filing: state residency requirements. Read more

CBS 2: Many Successful Women Now Have No Choice But To Pay ‘Manimony’

Women are now the top income earners in one-third of all marriages. But what does this mean when some of these marriages end in divorce — as an estimated 50 percent of marriages do? As CBS 2 New York reports, more and more women are being forced to pay not only alimony to their former spouses but also child support. Read more

What We Can Learn From Hollywood’s Nastiest Divorces

Reading through a list of some of Hollywood’s nastiest divorce battles, we couldn’t help but notice that each case described offered a very valuable lesson in how to (and how not to) get what you want from your divorce. Call it a Hollywood teachable moment! In part 1 of our blog series on celebrity divorce, here are three particularly ugly divorces…and a takeaway message we can learn a thing or two from: Read more

Don’t Let Divorce Ruin Your Finances: 5 Key Steps

When Ron left Mary after just shy of 10 years of marriage, he thought their divorce would be quick, clean and leave him free to pursue the life he always wanted. Because they didn’t have kids and Mary was steadily employed, Ron didn’t pay much attention to the divorce documents he filled out, just estimating as best he could on certain items, like his income and his own expenses. Read more