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Life Insurance Language for Marital Settlement Agreements

Posted On : 09 November 2021 By: Charles Vuotto

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

Reporting on Settled Cases

Posted On : 30 October 2017 By: Charles Vuotto

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

Avoiding a Harrington Hearing

Posted On : 22 July 2016 By: Charles Vuotto

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

Marital Settlement Agreements and Privacy Interests

Posted On : 29 December 2015 By: Charles Vuotto

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

The Fight Over Where We Meet And Other Mundane Madness

Posted On : 29 December 2015 By: Charles Vuotto

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

“When The Deal Is Too Good”

Posted On : 29 December 2015 By: Charles Vuotto

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

Referencing Criminal Action In A Family Law Matter

Posted On : 29 December 2015 By: Charles Vuotto

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

Miller Revisited: What is a Realistic Rate of Return?

Posted On : 17 September 2012 By: Charles Vuotto

 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

Significant Clauses For Matrimonial Settlement Agreements

Posted On : 17 September 2012 By: Charles Vuotto

(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

Our divorce settlement: Till recession does it last

Posted On : 17 September 2012 By: Charles Vuotto

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