Cherry Hill Divorce Lawyer/Cherry Hill Family Law Lawyer | Divorce Lawyer Richard C. Klein | Family Law Attorney in Cherry Hill and Shrewsbury New Jersey

New Jersey Divorce and the Family Business

November 15, 2011 – Divorce or dissolution of a civil union does not mean that you have to lose the “family business” that you and your spouse or partner have dedicated time, money and effort building. One or both of the partners may wish to keep the business functioning despite going through a divorce or dissolution. It has become more than just a source of income. It has become part of a family’s way of life.

Even though both parties consider the family business important to their lifestyle, very often the couple will have different ideas about how to continue the divide the business and its assets or liabilities. New Jersey provides for division of property through “equitable distribution”, which does not necessarily mean “equal”, but that the property is divided fairly. In addition to family businesses, equitable distribution applies to other assets acquired by one or both parties during the course of the marriage or civil union. This includes financial assets, personal property, real estate and other businesses owned by one or both spouses or partners. In addition, a premarital asset may be subject to equitable distribution if it was acquired “in contemplation of marriage”.

The experienced South Jersey divorce attorneys of the law firm of Richard C. Klein, Esq., have the knowledge and expertise to guide you through an equitable settlement concerning your family business, especially if there is no prenuptial agreement in place. Richard C. Klein, Esq., and his team of Cherry Hill equitable distribution lawyers will protect your best interest and preserve your financial well being by keeping the focus on the value and integrity of the business. This is achieved by completing a thorough business valuation which is crucial in reaching a fair agreement. A business valuation includes not only the business’s assets and liabilities, but past earnings and future projections so that the “true value” of the business is calculated. Once an accurate valuation of the business is determined, the assets and earnings accumulated during the marriage or civil union can be equitably distributed pursuant to a settlement agreement between the parties.

When approving a settlement agreement and the proposed division of marital assets, or if an agreement cannot be reached between the parties, the New Jersey divorce courts consider the following factors: the duration of the marriage or civil union; age, physical and emotional health of the parties; income and property brought to the marriage by each party; written agreements made by the parties; and the financial conditions of each party at the time the division of property becomes effective. The division of marital assets that involves the equitable distribution of a family business is complex and has the potential to become complicated and hostile. To protect the hard earned assets of your family business while negotiating equitable distribution, contact the Cherry Hill family law offices of premier South Jersey divorce lawyer Richard C. Klein Esq. to guard the financial security you’ve built up through your family business. Call us today at 888-763-4490.

The Other Side of the Facebook Story and Marriage

November 9, 2011 – More good advice about the use of social media websites falls under the heading of “preventive medicine”. If you have a relationship you want to protect, avoid opening the Pandora’s Box that is Facebook, which, once opened, can quickly get out of control. We’ve probably all heard stories of marriages that ended in divorce because of affairs that started on social media sites.

Facebook and other social websites give us access to friends, classmates, coworkers and even strangers. All of them are easy to reach with one message, one wall post or one photo tag. Social media provides an avenue for immediate relief and diversion any time you’re having a bad day at work or a fight with your spouse. With all of that access and diversion, it is not really surprising that recent studies show that a full 20% of all divorces stemmed from a situation that started on a social media site, primarily on Facebook.

Some tips for saving your marriage from a Facebook demise:

Accurately mark your marital status in your profile—there should be no misunderstanding as to whether or not you are married.
If you wouldn’t have a particular conversation with someone else in front of your spouse, then you shouldn’t be having that conversation on Facebook.
Freely share your accounts and passwords with your spouse—full disclosure is the best policy.
Posts pictures of you with your spouse.
Make sure that Facebook time is not eating up all the time that you could be spending with your spouse.

Sound legal advice is essential when you find yourself facing a possible divorce. The experienced and knowledgeable South Jersey divorce attorneys at the law offices of Richard Klein, Esq., are ready to put their expertise to work for you in representing your needs and resolving your marital dispute with the best possible outcome for you. Call our office today to schedule a consultation.

Divorce & Social Media

October 31, 2011 – According to a recent Nielsen analysis, approximately135 million Americans visit Facebook each month. That number represents 70% of the nation total internet users. The analysis reported an average monthly usage of more than seven hours per person—far above the time spent on popular sites such as Amazon and Google.

What do these statistics have to do with divorce litigation in this country? More than you might imagine. Four out of five lawyers polled in a 2010 survey by the American Academy of Matrimonial Lawyers reported an increasing number of divorce cases in the past five years that include evidence culled from social networking sites, the market leader of which is Facebook. In fact, the majority of the divorce attorneys surveyed ranked Facebook as the “primary source” of evidence in divorce proceedings, distantly followed by evidence gathered on MySpace and Twitter.

Websites make it easy to catch people doing things they don’t want their estranged spouses or their divorce attorneys to know about. Incriminating photos and other information gleaned from social media sites can seriously impact child custody disputes and alimony fights. Posting information that is in contradiction to assertions made in the course of a divorce proceeding is another commonly made mistake. An indiscreet parent could easily lose custody, alimony or both due to inappropriate behavior exhibited or discussed online.

If you don’t want to have to explain your posts, tweets or photographs to a judge in divorce court, think carefully before you “share.” Review your friends and privacy settings on Facebook and other social websites. Don’t inadvertently give access to your information to your ex, your ex’s friends or lawyer. In fact, you are well advised to follow these guidelines even if you are not in the midst of a divorce.

A good divorce attorney will warn you about social media sites. There are few things that can sink your case like your own words or pictures posted on a social media site for all to see. It’s up to you to prevent that from happening, and to prevent the opposition from gathering “free” evidence.

Even when a marriage is breaking up for reasons that don’t involve the internet, the services of an experienced New Jersey divorce attorney are crucial to the best possible outcome of a bad situation. Cherry Hill divorce lawyer Richard C. Klein, Esq., and his staff of knowledgeable South Jersey divorce lawyers will represent your point-of-view, defend your rights, and seek a resolution of your divorce matter that protects your needs. Call our office today to schedule an appointment to discuss your rights and concerns.

Becker Meisel, LLC Welcomes Renee’ F. Bergman, Esq. to our Cherry Hill Office

October 14, 2011 – The Cherry Hill law office of Richard C. Klein, Esq., the South Jersey arm of the renowned law firm of Becker Meisel, LLC., is pleased to welcome Renee’ F. Bergmann, Esq., of counsel. Focusing her practice on business litigation, including mediation and arbitration in New Jersey, Pennsylvania and New York, Ms. Bergmann will expand upon the legal services previously provided at our Camden County office. Her experience and knowledge span the areas of commercial contract disputes, business tort claims, franchise litigation, employment discrimination suits and insurance coverage matters.

As a successful litigator and negotiator, as well as a dedicated advocate for professional, community and civic interests, Ms. Bergmann has received much recognition. In acknowledgment of her efforts and achievements, both professional and personal, she has been the recipient of countless acknowledgements, awards, and committee and board appointments, including the Pennsylvania Bar Association Special Award Recipient and her receipt nomination to the Sunshine Foundation’s National Board of Directors. We welcome Ms. Bergmann to our team and are confident that she will provide the level of competency and professionalism our clients have come to expect.

Read more about Renee’ F. Bergmann, Esq.

Supermodel Linda Evangelista Makes Child Support Claim

September 15, 2011 – Former supermodel Linda Evangelista recently asked a New York court judge to award her $46,000 a month in child support. Although Evangelista once claimed she would not get out of bed for less than $10,000, her request for child support may not be so unreasonable. Her son’s father is French billionaire, Francois-Henri Pinault, whose income as CEO of the luxury brand corporation, PPR-SA, was estimated to be roughly $5.2 million in 2010, excluding company stock or returns dividends. This means that Evangelista’s request is less than 11 percent of Pinault’s annual income—not an entirely outrageous request.

Although Evangelista is reportedly worth approximately $8 million, the child support awarded will not be based on either of their incomes. New York State law requires that for families with parental income exceeding $130,000, the child support award must be based on the child’s needs and the amount of money required for him/her to live an appropriate lifestyle. The majority of Evangelista’s $46,000 request would go toward covering a 24-hour nanny. Considering Evangelista’s busy lifestyle and demanding career, a family court judge may not view a 24-hour nanny or personal driver for a child as an unreasonable request.

Pinault’s current wife, Salma Hayek, will not be likely to pay any of the child support. Generally, New York courts will not consider the spouse of the non-custodial parent for child support unless the parent is hiding assets, makes claims of indebtedness or becomes voluntarily unemployed or underemployed to evade child support payments. If the judge approves Evangelista’s child support request, Pinault will be obligated to pay from the request’s filing date since New York law requires that child support payments are retroactive to the date of the support application.

Child support is a complex area of family law. With over 30 years experience practicing matrimonial law, Cherry Hill divorce attorney, Richard C. Klein, Esquire, understands the intricacies of the New Jersey child support laws. Call his office today at 856-779-8700 to discuss the particulars of your child support matter and to get the legal assistance you need to get the child support your child deserves.

Mother Fighting Breast Cancer Loses Custody Battle

September 11, 2011 – Alaina Giordano has been fighting two battles simultaneously—beating stage-four breast cancer and keeping custody of her children. On Aug. 12 in a North Carolina Supreme Court, she lost her custody battle. Her son and daughter, ages six and 11, must move from their home in North Carolina to live with their father in Chicago for the start of the new school year.

Mutual allegations of cheating, poor parenting, domestic violence, and even jail time appeared in court throughout the custody case. However, Giordano, who must stay in Durham, North Carolina, to participate in a clinical trial at Duke in effort to prevent her cancer from progressing believes none of this has anything to do with the final ruling. Instead, she feels she’s being discriminated against for her illness. The judge cited a forensic psychologist when she made the final decision. According to the psychologist, the more contact a child has with the non-ill parent, the better they will do. She claimed, “Children want a normal childhood, and it’s not normal with an ill parent.”

While everyone agrees that the best interests of the child or children should always be central to a divorce matter and any child custody dispute that might be part of the proceedings, these situations are always difficult for everyone involved. Richard C. Klein has represented numerous parents in family court as they fight to remain a meaningful part of their children’s lives. He acknowledges the painful reality of a family torn apart from divorce and seeks to competently and diligently represent his clients’ interests with compassion and understanding. Call New Jersey child custody attorney Richard C. Klein today to discuss your family’s situation and your rights with regard to custody and parenting time.

Father’s Blog—“The Psycho Ex Wife”—Shut Down

September 1, 2011 – In 2007, Anthony Morelli, a Bucks County, PA, resident, began anonymously writing the blog, “The Psycho Ex Wife”, describing it as “the true account of marriage, divorce, and subsequent (child) custody fight between a loving man, his terroristic ex-wife who we suspect suffers from Borderline Personality Disorder (at least from our armchair psychologist diagnosis), and the husband’s new partner.” Morelli’s posts included attacks on his ex-wife’s appearance, personality, and child-rearing decisions.

“The Psycho Ex Wife” site received an average of 200,000 visitors a month, and Morelli even started selling advertising for it. When, the former Mrs. Morelli sought court intervention to dismantle the blog, Family Court Judge Diane Gibbons ordered Morelli’s blog to be shut down, stating that the blog goes beyond venting to “outright cruelty,” Morelli is currently challenging the ruling.

Morelli and his ex-wife currently share custody of their 10 and 12 year-old sons, and it’s unclear as to whether the boys have ever seen the blog. Morelli believed he had maintained a sealed anonymity; however, his ex-wife eventually figured out the blog was his. Despite the breach in anonymity, Morelli’s attorney believes the judge’s order to shut down the blog is “a classic example of an overly broad and unenforceable prior restraint on free speech.”

This case may be an extreme example of a contentious child custody battle, but not many custody matters are amicable. If you find yourself facing a custody dispute, you’ll want the services of an experienced New Jersey child custody attorney. Richard C. Klein, Esq., and his staff of knowledgeable New Jersey divorce lawyers can offer the qualified legal representation you’ll need to reach a positive resolution of your child custody matter. Call our office today to schedule an appointment to discuss your rights and concerns.

Read more about the “The Psycho Ex Wife Blog” case here.

Higher Divorce Rates in States Without Gay Marriage

August 14, 2011 – Although the conservative Christians in the “Bible Belt,” an area that encompasses much of the Southern U.S. from Virginia all the way to Texas, denounce the legalization of gay marriage, the irony is that states with legal gay marriage have some of the lowest divorce rates in the country. In fact, the Bible Belt appears to have some of the highest divorce rates.

Couples are more likely to marry young in the South, and doing so is often encouraged, but it can increase chances of divorce. However, in the more liberal states, couples are more likely to wait until they are older and settled into their adult lives before getting married. Furthermore, education also seems to play a role in divorce rates. Kalman Heller, a psychologist specializing in divorce studies, writes “No wonder the divorce rate in Massachusetts is the lowest in the country. (It) has the highest percentage of college graduates.” Research indicates that couples that are more educated are also less likely to divorce. Another factor appears to be “low tolerance to diversity.”

One researcher, Stephanie Coontz, found that increased tolerance through exposure to different cultures and a variety of experiences prior to and during marriage encourages couples to work through their differences. Coontz states, “This is one of the ironies. People who are higher educated and who have experience outside marriage because they have delayed getting married and have a higher degree of economic security and sophistication tend to be more acceptable of same-sex marriage and have lower divorce rates.”

In New Jersey, same-sex couples are still awaiting their right to marry; however, New Jersey civil unions provide same-sex couples many of the same rights and opportunities as marriage. Likewise, partners in civil unions suffer the same obstacles: dissolution, child custody, child support and parenting time issues, and equitable distribution. Contact the law offices of Cherry Hill family law attorney, Richard C. Klein, Esq., to discuss your New Jersey divorce or civil union matter.

The McCourt’s Postnuptial Agreement Invalidated

August 1, 2011 – The contentious divorce between Jamie McCourt, former CEO of the Los Angeles Dodgers, and her estranged husband, Frank McCourt, is a legal dispute rich with intricate family law nuances. In 2009, the McCourts separated and began their divorce proceedings; however, the majority of debate was over whether the Dodgers assets were community property (50% belonging to Jamie and 50% to Frank) or solely owned by Frank McCourt.

During September of 2010, the validity of the postnuptial agreement, which the couple signed in March 2004, was the primary focus of the ensuing trial. Frank McCourt testified during the divorce trial that the couple’s postnuptial agreement was his wife’s idea to protect her assets from his creditors. Frank McCourt’s attorney contended that the agreement gave Frank sole ownership of the Dodgers, the stadium and the surrounding property.

Jamie McCourt claimed that the postnuptial agreement should be invalid on the basis that she felt she had been duped by McCourt and a family attorney at the time of signing. She stated that six copies of the agreement were shown to the couple, only three of which listed the Dodgers’ as McCourt’s separate assets. Three months later, the judge ruled the postnuptial agreement invalid, allowing Jamie McCourt’s attorney to push for her client to receive 50% of the Dodgers’ assets.

On June 17, 2001, Jamie and Frank McCourt’s divorce dispute finally reached settlement and the Dodgers’ assets were split 50-50. However, just a month after settlement, Frank McCourt requested that the judge reduce the amount of spousal support he is currently paying Jamie.

Clearly, this case is a prime example of several intricate legal nuances—from postnuptial agreements to spousal support. And perhaps most striking is the appearance of a postnuptial agreement, since postnuptial agreements are rarer than prenuptial agreements. In many cases, the court may decide to disregard a postnuptial agreement, as with the Jamie and Frank McCourt dispute, because postnuptial agreements are often challenged and scrutinized more thoroughly. Thus, disclosing all assets in a postnuptial agreement is paramount. The purpose of such agreements is to ensure fairness, and when the judge finds the postnuptial agreement to be unfair to either party, it is more likely to be disregarded.

For the most recent news on the McCourt divorce:
http://www.usatoday.com/sports/baseball/nl/2011-07-16-664674472_x.htm