Hoboken Divorce

Appellate Court Decision Victory

May 29, 2009 | Frank Marciano

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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.

Prenups, Premarital Agreement New Jersey Law

March 24, 2009 | Frank Marciano

Here in Hoboken, I have seen a big increase in requests for Prenups. An essential element of any prenup is that both sides have legal representation. The courts will generally uphold the agreement unless one party did not have an attorney or if the agreement is considered unconscionable. It is very hard for a much poorer person to negotiate the terms of a prenup. Most, if not all, of my clients marrying into money start off their appointment stating in no uncertain terms “I don’t care about the money”. All I can say to that is to consider your situation 15 years down the line when your husband decides to trade you in for a younger model and you are confronted with a document that you signed years ago when you were young and naive. I have a problem with the Court upholding an agreement that was made so long ago an in such different circumstances but the fact is that the Court may very well find the agreement enforceable even though it is unfair.

On the other hand, if you have money and are marrying someone without any assets you should bring up the Prenup topic very soon after you have both agreed to marry. Since the law allows people to negotiate many terms of a divorce before the love has gone, it is important to take advantage of a law meant to protect your assets.

A premarital agreement or ante-nuptial agreement may be used by a couple to determine, prior to marriage, what each party’s rights and obligations will be in the event of divorce. Premarital Agreements are governed by the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31 et. seq. The agreement must be in writing and have a statement of assets attached to it. It becomes effective upon the marriage of the parties. The parties to a premarital agreement may negotiate about the following:

Girls Fight Back

August 21, 2008 | Frank Marciano

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.

Divorce and Depression

August 6, 2008 | Frank Marciano

https://www.youtube.com/watch?v=7bbaRyDLMvA

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.

What we do here at MarcianoLaw

July 22, 2008 | Frank Marciano

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Every now and again its fun to just explore all the new stuff on the web, to make a site like this with your words go to Wordle and have some fun.

Happy July 4th to All

July 1, 2008 | Frank Marciano

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)

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.

Marciano about Mcgreevey and Divorce

May 14, 2008 | Frank Marciano

https://www.youtube.com/watch?v=clWr-LDPrEE

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.

Lying, Spying and Prying; Divorcing 2008

May 3, 2008 | Frank Marciano

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 .

Happy New Year to All

January 1, 2008 | Frank Marciano

A New Year, a new Logo, we are working hard here at MarcianoLaw to be the best we can be for all our clients. Here’s wishing you a healthy and prosperous New Year.

Frank Marciano and the Legal Eaqles

Hoboken 1911 Marriages perfomed Sundays and Evenings

December 8, 2007 | Frank Marciano

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Hoboken developed a reputation for being the odd stepchild of New York many years ago. With all the recent development many of Hoboken’s characters have faded into memory, but some are still around and welcomed in this wonderful city of ours. But years ago the streets were agog with people who did it their way. This article is about how in 1911 Justice’s of the Peace were aggressively courting the business of marrying those couple on ther verge of saying “I Do”, apparently this was a big business back in the early 1900’s. Th article starts off with

In Hoboken NJ, that strange jungleland where more refreshingly bizarre things have happened than were ever dreamed of in the philosophy of Shakespeare’s Horatic or any one else.

and ends with a quote from the Justice of Peace who,when asked if he kissed the bride after officiating at the ceremony, said

No I don’t want no experimental kissing with strange women; there’s too many microbes about, so I take no chances.