Divorce & Family Law Insights — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

The Impact of a Divorce on Estate Planning

Published on: May 19, 2021 | by Nicole A. Kobis and Elizabeth Candido Petite

Births, deaths, marriages, and divorces reshape the definition of family for individuals on a constant basis. It’s no wonder, then, that family law and estate planning often go hand in hand. Estate planners and divorce attorneys alike are often presented with “what if” questions that span both areas of law. Here, a few common questions are explored which can help guide people faced with these life transitions as they make decisions to protect their spouses, children, and assets.

Can I change my Will while I’m getting divorced? Should I?

Although the last thing that many people want to do once the divorce action has begun is engage another attorney, it is actually a good idea to revisit your estate plan at this time. Public policy prohibits disinheriting your spouse, so a spouse who is not named in the other’s Will could file a claim for the “spousal elective share” to receive a portion of the deceased spouse’s estate. The filing of a divorce complaint does not prevent a soon-to-be former spouse from inheriting an equitable share of marital assets. The New Jersey Supreme Court has analyzed what should happen in this situation and applied a remedy which does not allow the surviving spouse a windfall, but at the same time recognizes that at the time of the death, the parties were in fact still married.[1]

Post-Divorce Modifications & Mediation

Published on: April 29, 2021 | by Honorable Katherine Dupuis, (Ret.)

It is not uncommon in these difficult times for one ex-spouse to seek a modification of the divorce decree. COVID has caused changes in everyone’s life. A party may have lost income or even their job and seek to decrease alimony and child support. Or concerns over the safety of unvaccinated children or the failure of an ex-spouse to receive a vaccination may lead a party to seek to modify visitation.

Litigation over these issues was already time consuming before the pandemic caused a backlog of matters before the courts. You and your family may be better served by bringing your issues to mediation with a retired judge. During my 27 years on the bench I served 6 years as the Family Presiding Judge where I tried hundreds of cases and assisted in the settlement of many more. These cases involved alimony, child support, equitable distribution and custody. I also ruled on hundreds of post judgment applications. I believe my experience can be beneficial to ex-spouses who wish to reach a mutual resolution of their family law issues in a timely manner.

The Challenge Of Being A Sympathetic Divorce Lawyer

Published on: April 19, 2021 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Nicole Kobis, Partner in Lindabury’s Divorce & Family Law group, recently contributed an article to Above The Law on the challenges of being a sympathetic divorce lawyer.

The task of the compassionate divorce lawyer is not easy: it requires balancing sympathy and acknowledgment of the emotional turmoil occurring in my clients’ lives while at the same time ensuring that they understand the boundaries of the law. I work even harder now to make sure that when a client leaves my office, they know that divorce is not the end of their lives. Instead, I help them finish one chapter and immediately turn the page to begin a new chapter which though different, could be even better than the one before.

You can read Nicole’s entire article here.

Divorce and the Business Owner

Published on: April 1, 2021 | by Frederick A. D'Arcangelo

Divorce attorneys are often asked the following question: “I am thinking about getting divorced. I own part of a family business. What should I be doing?”

There are two questions to ask before answering.

Do you have a buy-sell agreement?

Estate Planning With Family Businesses

Published on: February 25, 2021 | by Anne Marie Robbins

To the owners of family businesses, estate planning can sometimes be an after-thought. Owners are often so involved in building their business and managing its daily operations that they do not have time to devote to the planning that will become important when the owner is ready to hand over management control and ownership to successors. It is often the case with successful family businesses that there has been little or no thought given to the transition of management and ownership, with the result being there is no succession plan in place. Further, available strategies to transfer the ownership of the business to younger generations of the family in a tax-effective manner may not have been utilized.

When a family business is one of the assets, or perhaps the primary asset, a well thought out strategic and financial plan for the business and an estate plan for the family are critically important. The following is a brief and by no means exhaustive outline of some points to consider.

Strategic Planning

How Mediation Can Resolve Common Disputes That Arise During Will Probate

Published on: October 15, 2020 | by Honorable Katherine Dupuis, (Ret.)

Probate disputes often reflect the worst aspects of family law coupled with issues of undue influence.

At the time of a will probate dispute the court system is seeing the litigants at a trying period in their lives. They have lost a loved one and tensions are running high as to the actual intent of the deceased person. While the parties may be furious with one another, there is always the hope that some degree of familial ties can be preserved. Mediation is uniquely suited to resolve these tensions. The litigants can tell their sides of the story to the mediator, who has the time to listen. In my experience, it is very important for all litigants to feel as if their side of the dispute has been properly told. It is after this emotionally draining experience that they are ready to find common ground and solutions to the problems presented.

Challenges frequently arise when all heirs are not treated equally. One child may feel they had the burden of caring for the aging parent and should be compensated. A variation of this story arises when the elderly parent has given a power of attorney to only one family member. After death disputes arise as to assets that may have been spent by the child with the power of attorney. Rarely have receipts been saved, and frequently large amounts of cash have been paid to home health aide. Expensive litigation and a trial will only serve to reduce the assets. A mediator can help the parties narrow their actual disputes and discuss the cost of proving the righteousness of a position. The insight of a neutral third party is invaluable.

Virtual Divorce: How to Move Forward with Your Life During the Pandemic

Published on: July 30, 2020 | by Honorable Katherine Dupuis, (Ret.) and Nicole A. Kobis

The Honorable Judge Katherine Dupuis, (Retired) and Nicole A. Kobis, partner at Lindabury, McCormick, Estabrook, & Cooper, P.C., explain how divorce can be handled virtually

If classroom lessons and workout classes can be conducted virtually, does the same hold true for divorce proceedings?

The short answer to this is yes. Virtual alternative dispute resolution will result in a faster divorce process during times like these when the courts have limited capabilities and a back log of matters to be heard.

How to Resume a Former Name At or After the Time of Divorce

Published on: June 11, 2020 | by James McGlew, II

One topic new clients ask about is how they can resume a former name at the time they get divorced. Others were divorced but did not resume a former name at that time and ask is it too late to do so now? Still others did resume a former name but have questions about what to do next.

In New Jersey, Courts permit a Party to formally resume the use of a former name (or other surname) upon the entry of a judgment of divorce. If this is something you wish to do, it is best to advise your attorney at the outset of your case. It can then be included in your first filing with the Court whether that is a Complaint with you as the Plaintiff or in your Counterclaim with you as the Defendant.

If you are unsure as to whether to do so at the start of your case, a request can be made by your attorney at the final divorce hearing to amend/revise your pleading to permit you to do so at that time.

Karolina Dehnhard Interviewed in Polish Publication about How Trade Relations Look Between the U.S. and Poland

Published on: May 20, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Karolina Dehnard, Managing Director of the International Transaction Group at Lindabury, and President of the Polish-American Chamber of Commerce in the Northeastern USA, was interviewed by Polish publication White Eagle about how the world of business has changed over the past few months and how trade relations between the United States and Poland look today. The interview is available here.

Karolina Dehnhard Interviewed by 60 Million Kongress, An Organization Uniting Polish Business Leaders Worldwide

Published on: May 20, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Lindabury Divorce & Family Law attorney and Managing Director of the International Transaction Group, Karolina Dehnhard, was interviewed by 60 Million Kongress, an organization uniting Polish business leaders worldwide as part of their series of influential Global Polish leaders discussing both international divorce and business development in Eastern Europe during the pandemic. You can view the interview here.