Articles Posted in Hoboken Divorce

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  In Hoboken a lot a people live together that are not married, and have no written agreement regarding their relationship.  Ranging from craigslist strangers to long term couples with children that have lived together for years without getting married, to same sex partners that never got around to filing for a civil union.  For many years, even without a written agreement, the courts would examine the relationship and take into account oral promises to support from one party to another.

This  promise by one party to a relationship to provide support for the other party to the relationship, either during or after termination of the relationship, is now not binding unless it is in writing and signed by the party making the promise.

As of January 2010. N.J.S.A. 25:1-5 (h) immediately amended the Statute of Frauds to include a provision relating to personal relationships:

Article by Judy Marciano, who is getting so good, that people now say when they see me, oh that’s Frank, the Realtor’s Husband.

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The last census taken in Hoboken showed our population in the year 2000 at 38,577 people. As you know, we just had another census count taken this year and by all accounts our population has increased by at least 10,000 bringing the total to around 50,000 people. This amount does not include people who come here to work or party, it is just the residents. There are a few people in Hoboken who think this increase is a bad thing, but they are a small, but vocal minority, most people are happy that the increase in population has brought more stores, more food places and more activity on the streets. All of which has made Hoboken a safer and more vibrant community.

What many do not know is that in the next 10 -20 years there are plans to increase the residential housing stock to add another 10,000 residents to our city. On the Southern edge of Hoboken, New Jersey Transit put forth a proposal by a planning firm called FXFOWLE to add 6,000 residential units to the City. While that plan was withdrawn for now, a more modest plan for an 18 story high rise building is proposed on the site of the existing bus terminal. Since it is on only 3% of the 54 acres that New Jersey Transit controls you can be sure more development will be proposed on their property.

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Just received the Appellate Court’s Decision in a trial I had in Hudson County Chancery Court that reversed the Trial Court’s judgment. This was an interesting case involving rent control in Hoboken, reformation and rescission of a contract, and many other points of law discussing what happens when rent control issues come to play in the sale of a multi unit building. It also is a great example of how slow the legal process is and how Judges can be wrong and how the system does allow a person to appeal and overturn a judges decision. For those that are not attorneys it must not make that much sense that decisions and opinions at the trial level are not always correct. In this case the Trial judge is one of the smartest and fairest judges that I have appeared in front of, but for whatever reason he saw the case as presented in way that my client thought was incorrect, so we appealed, and thankfully three appellate court judges took the time and effort to write a 19 page opinion that reversed the trial judge’s judgment so that my client won his case.

Erin Weed is a client and friend and an extraordinary person who has created a life dedicated to more than just herself. Go to her website to learn about simple strategies for self defense. On her product page you can find items as a pepper spray key chain, mini window alarm, door stop alarm and other items that will give you a slight edge in case of assault or burglary. From the personal experience of clients and friends I know that Hoboken is not as safe as it seems. Lurking around this town are bad people just looking for that moment of vulnerability. And for all those women who travel for work and find themselves alone in hotels, the techniques and devices that GFB offer can literally be the difference between life and death.

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Over the past few weeks I have met with over 10 separate people inquiring about getting a divorce. Many had tried couple counseling, some had kept all their problems to themselves, others were just finalizing a long time separation. However, what may sound self evident to some people, was newly connected in my mind, that is, divorce and depression are interrelated. Many people think that depression is not a real or significant factor in day to day life, but nothing could be further from the truth. Depression is not a couple thing, it is a deeply personal issue that is not readily apparent from a person’s actions. An easy way to deal with depression is to blame those around us, and often the easiest person to blame is the person closest to you. So, if you feel that you love your spouse but still want to get a divorce (a common situation), think about going to a doctor and talking about your feelings, maybe you can save your marriage and in the process help yourself.

There are plenty of websites about depression on the web and how to deal with getting a hold of your life. I know that people often have a miraculous recovery from medication and you should discuss that option with your doctor. Depression is often masked by success, (Heath Ledger, Owen Wilson, Craig Ferguson, Brittany Spears to name a few). In the above monologue from late night host Craig Ferguson he talks about his battle with alcoholism, (a symptom of depression) and gives one of the most touching talks about people in distress. It may not be directly on point but I just love his attitude.

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One of the biggest changes I have noticed in my law practice is the changing makeup of Hoboken’s residents. As anyone with any knowledge of Hoboken’s history knows, (check out Hoboken’s Museum) Hoboken’s rapid growth in the 1900’s first started with the Germans, then Irish and Italians and Yugoslavians, then Puerto Ricans then Artists then standard American Yuppies (see Yuppies Invade My House at Dinnertime) and now people are calling Hoboken home coming from countries clear around the world. Over the past few years over half of my new clients have come from China and India, mostly employees of the big financial companies in New York and the Pharmaceutical companies of New Jersey. I have had closings, divorces and adoptions that have involved serving people in China, India, France, Brazil, Sweden, Scotland, England, Ireland, Australia, New Zealand, Albania, Croatia, Persians, Israel, United Arab Emirates, Egypt, Iran, Ecuador, Columbia, Venezuela, Iraq, Russia, Georgia, Philippines, Pakistan, Argentina, South Korea, Peru, Taiwan, Japan, Ghana, South Africa, Hong Kong, Bhutan (never even heard of Bhutan but it seems like a great place near Tibet, imagine living here)

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Using Google Earth I have located client’s childhood homes in Pakistan, Argentina, Peru, Sri Lanka, Bangladesh, Denmark, Uruguay, France, Italy, Shanghai, and most recently Kuwait. Of course, clients also have roots in the good ole USA. Kentucky, Ohio, North Carolina, California, Idaho, Seattle, Mexico, Montana, South Jersey, Upstate New York, Brooklyn, Bronx, and Queens, the list goes on and on.

If it sounds overwhelming, then I am giving the wrong impression. The point is that it’s not like other urban communities where in different areas different nationalities live together, here in Hoboken we are all thrown together in a safe and secure City. And I must say I love it all. If you live or work in Hoboken then you are part of a great little town that is a window to the world. The flag above, which I worked on with friends years ago, tries to represent the fact that we are all together on this planet, and on this Fourth of July weekend we should all be proud that America truly is home to the World.

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I was recently, May 12, 2008, asked to appear on Court TV, now known as TruTv to comment on the McGreevey divorce proceeding on the Jamie Floyd show. It was a great time and I have a new found respect for those talking heads on TV. Before I sat at the table and went on air I toured the facility with my wife Judy. The control room for this little production was staffed by 15 people, each was seated behind a computer monitor while watching a wall of at least 50 monitors. Then there was my personal assistant Ty, her assistant Alex the Intern, the makeup guy, the sound women and Deb Cote the producer of the McGreevey segment. They were all so professional and pleasant that you could see why the interns work for free. The host, Jamie Floyd was smart and in control and was able to seemingly effortlessly keep up a level of excitement to move things along, My thanks to all on the production and I hope to be on again.

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DivorceNet – Spying on Your Spouse

Here is a great article from a website that I subscribe to about Divorce. This article is all about what you can and cannot do to check up on your spouse. I personally believe that respecting the privacy of your spouse is central to a solid marriage, but there appears to be a basic human desire to open Pandora’s box .