By Charles F. Vuotto, Jr., Esq. Stephen R. Urbinato, Esq. and Scott K. Schroeder The requirement that a payor spouse maintain a life insurance policy to secure his support obligations to the payee spouse and/or child of the marriage has become a common “boiler plate” provision of almost all Marital Settlement Agreements (hereinafter “MSA” read more
By Charles F. Vuotto, Jr., Esq. I am sure that the following situation has happened to many of us: we are in the throes of negotiations, making progress, and have the issues just about resolved. We just need a little more time. But, we have a trial date scheduled for the next day or read more
By Jane R. Altman How many times do we leave an adversary’s office, a mediator’s office, or the courthouse after hours or days of intensive settlement negotiations believing we have finally settled that old case only to learn the next morning that someone has reneged? Your client or his or her spouse has, overnight, reconsidered read more
By Charles F. Vuotto, Jr., Esq. Without question, divorce can be one of the most traumatic events in a person’s life. Divorce frequently results in emotional upset, depression, strife, severance of personal ties and relationships, a decrease in lifestyle, loss of assets, the imposition of financial obligations, negative impacts on children and relationships with read more
By Charles F. Vuotto, Jr., Esq. Editor-in-Chief As practitioners, we know that it is easy to get sidetracked and dwell on issues that are mundane instead of meaningful to the client. Those situations do nothing to move the litigation forward and oftentimes worsen the animosity between parties, and even between counsel. Taking the high ground read more
By: Charles F. Vuotto, Jr., Editor-in-Chief I am sure that at one point in time we have all encountered the situation where we are representing a client in a dissolution matter whose spouse is a self-represented litigant. This column poses the following question when faced with such a situation: should we be concerned with read more
By Charles F. Vuotto, Jr., Esq. Editor-in-Chief The purpose of this column is to discuss whether the bench and bar require further clarification of the Rules of Professional Conduct to guide professionals with regard to the precarious situation when criminal law intersects a civil law matter. There are various factual circumstances where the criminal read more
By Charles F. Vuotto, Jr., Esq. Lee Ann McCabe, Esq. Blanche Lark Christerson, Esq. Michael J.A. Smith August 4, 2003 This article will address one simple question: Is the Miller rate of return still realistic in light of the current economic climate? It is well ingrained in our jurisprudence that a court must consider the income-generating ability read more
(By David M. Wildstein, Esq. & Charles F. Vuotto, Jr., Esq.) 2005 There are many diverse clauses that should be included in any Matrimonial Settlement Agreement (hereinafter “MSA”). The determination of these clauses is fact and issue sensitive. However, it has become apparent that certain important provisions are often omitted, even when specifically called for by statute, read more
Sunday, May 03, 2009 BY JENNIFER GOLSON Star-Ledger Staff Michelle Copland is 42 and relies on her ex-husband’s child support to cover the growing needs of their two daughters, one a teenager, the other a preteen. Scott Caridi is 46 and collecting unemployment as he tries to drum up business for a North Jersey construction read more