How do I file my taxes now that I am separated or getting divorced? If you separated from your spouse in 2014, you and your spouse should discuss how you are going to file your Federal and State Tax Returns in 2014. Waiting until April 14th, may be too late to sort out the details and will cause each of you additional stress. If you are unsure if it is to your financial benefit to file jointly with your spouse, stop wondering and ask an accountant to draft two separate returns for you, one filing jointly with your spouse and one filing separately. It will be worth your time and money. Entire blog →
Recently, the Pennsylvania Superior Court found that a Husbandâ€™s refusal to pay for the financial support of the family because the Wife refused to have sex with him amounted to psychological force contemplated by the criminal statuteâ€™s definition of rape, Boykai v Young.Â This Superior Court reasons that the Husband’s actions constituted sexual intercourse without Wife’s consent, which amounted to sexual assault and constituted a violation from the Protection from Abuse Act.
This is an important decision authored by the Superior Court that further protects, in most instances, the Wife under the Statue.
Kardos, Rickles, Hand & Bidlingmaier, P.C., appears in the PFA Court monthly and has extensive experience both Plaintiffs and Defendants.Â If you have a question or a fact pattern concerning a potential PFA, please call for a consultation.
Â Â Â Â Â Â * Article Authored by Kevin Hand, Esq., partner at Kardos, Rickles, Hand & Bidlingmaier, P.C.
As reported by NJ.com, a Superior Court judge today refused to order a Lincoln Park couple to pay private school and college tuition for their 18-year-old daughter who moved out of their house and is suing for financial support.
“Do we want to establish a precedent where parents live in basic fear of establishing rules of the house?” Family Division Judge Peter Bogaard asked.
Rachel Canning, a senior at Morris Catholic High School, went to court to force her parents, Sean and Elizabeth Canning, to pay her child support, her private school tuition, medical and related bills, college expenses and legal fees. Canning is an honor student and athlete, but her parents have stopped paying her bills because, they say, she would not obey their rules.
Bogaard refused to issue the requested emergency order, which would have awarded the teen more than $600 a week.
The judge said no emergency exists because Morris Catholic has said Canning may continue attending the school despite her tuition not being paid, and because the final deadline of May 1 has not yet arrived for college applications. Morris Catholicâ€™s annual tuition is $12,700; Rachel owes $5,306, court papers say.
The judgeâ€™s decision followed a more than two-hour hearing in Morristown. The Cannings and their daughter sat on opposite sides of the courtroom, rarely exchanging glances. Both sides appeared tense and sad. Several of Rachel Canningâ€™s friends were seated in the gallery.
Bogaard scheduled another hearing for April 22. The case may be headed for trial on the key issue of whether Rachel Canning was “emancipated” from her parents when she defied their order to stop seeing her boyfriend and instead moved out of their house on Oct. 30, two days before she turned 18.
Rachel Canning said in court papers that she has been living for the past four months at the home of her best friend, the daughter of Morris County attorney who has “advanced” her legal fees.
Her parents countered that she voluntarily left home because she didnâ€™t want to abide by house rules, such as being respectful, keeping a curfew, doing a few chores and ending a relationship with a boyfriend they said was a bad influence.
Rachel remains “unemancipated,” or dependent on her parents, because she needs their support to complete her education at Morris Catholic and to pay for her college education, her attorney said.
Rachel’s attorney further alleged that the Cannings treated their daughter in an “abnormal” way that made it “untenable” for her to stay in the house. For instance, the attorney claimed that Sean Canning would not allow Rachel to have a boyfriend while a senior in high school. Rachel Canning also claims her parents are abusive, contributed to an eating disorder she developed and pushed her to get a basketball scholarship.
The parentsâ€™ attorney countered that Rachel could easily have stayed at the house, which she said had “a loving, nurturing environment.
“She voluntarily decided to leave because she didnâ€™t like the rules they were imposing, and that makes her “emancipated.”
Bogaard cited a vulgar voice mail left by Rachel for her mother. “Have you ever seen a child show such gross disrespect for a parent?” he asked. “Is there a point at which a parent can say they donâ€™t have to pay for college?”
The judge also cited certifications submitted by the Sean and Elizabeth Canning about their daughterâ€™s alleged history of staying out and drinking during the week. Once, he said, she was driven home by her boyfriendâ€™s parents at 3 a.m.
“What kind of parents would the Cannings be if they did not discipline her?” he asked. “The Cannings had the right to set up rules.”
Despite the apparently wide gap between Rachel and her parents, Bogaard held out hope for a possible reconciliation.
He read a letter Rachel sent to her parents in October, the month that she left the house.
“Hey guys, I want to apologize for my actions,” Rachel said. “I really need to realize there are consequences for the things that I do. I am trying to change. I do miss you guys. I am trying to turn over a new leaf.”
Then, the judge said, “This family is well worth the effort to salvage. It does appear more energy has been utilized to tear up this family than to figure out how it can be brought back together.”
As reported by The Wichita Eagle, a bill recently introduced in the Kansas State Legislature would do away with no-fault divorces. Like New Jersey, Kansas is currently a no-fault divorce state, meaning that couple’s could seek divorce based solely on irreconcilable differences, as opposed to a fault ground, such as abandonment or adultery.
Kansas Rep. Keith Esau, a member of the House Judiciary Committee, introduced the bill, but he did not author it. He said he submitted it on behalf of a legislator who is not on the committee. Esau said he has not been given permission to disclose the name of that legislator.
But he said he supports the billâ€™s intent.
â€śNo-fault divorce gives people an easy out instead of working at it,â€ť Esau said. â€śIt would be my hope that they could work out their incompatibilities and learn to work together on things.â€ť
Rep. Jim Ward, D-Wichita, another Judiciary member, opposes the bill.
â€śWe really should let people decide when to end relationships,â€ť he said.
Esau denied that bill was an example of government overreach. He said the state gives benefits to married couples, such as tax breaks, so couples should not enter into the institution of marriage lightly.
â€śDonâ€™t think this is something that you can do temporarily and get out of,â€ť Esau said.
The bill would require Kansans seeking a divorce to prove their spousesâ€™ fault, a requirement which was common throughout the United States 60 years ago.
Ward, a practicing attorney who has handled divorce cases, said this would be foolish.
â€śThatâ€™s really not a healthy way to deal with families that are changing,â€ť Ward said.
He said that making divorces less contentious helps couples with children maintain respectful relationships because they will need to continue to parent together.
Esau said that the state has a vested interest in supporting â€śstrong familiesâ€ť and that divorce undermines that.
â€śI think weâ€™ve made divorce way too easy in this country,â€ť he said. â€śIf we really want to respect marriage it needs to be a commitment that people work at and donâ€™t find arbitrary reasons to give up.â€ť
Morgan Oâ€™Hara Gering, a family law attorney in Wichita, questioned whether the bill would actually deter many people from seeking divorces.
â€śFrom my experience I canâ€™t see that itâ€™s going to stop people from getting divorced,â€ť she said.
Instead Oâ€™Hara Gering thinks the bill would just make divorces nastier by requiring people to prove their spouseâ€™s fault in court.
â€śIt could create a lot more litigation and a lot more headaches â€¦ just to fight about whoâ€™s to blame,â€ť she said.
Divorce in New Jersey can be a complex matter because the state has strict requirements for what constitutes the legal grounds for ending a marriage. If your spouse does not agree to the divorce, or does not agree about the causes for the divorce, you may find you need to make a case in court. An experienced family law attorney in Trenton can help you define or contest the reasons for ending the marriage.
Legal grounds for a New Jersey divorce
You must be a resident of New Jersey for at least one year prior to filing for divorce. At that point, if you and your spouse have been separated for at least 18 months, you will be granted a no-fault divorce. If not, you will need to establish grounds for the divorce â€” grounds that your spouse may well contest. According to New Jersey law, grounds for divorce are as follows:
- Irreconcilable differences. This is in some senses the simplest of the grounds for divorce â€” if you and your spouse go through six months of irreconcilable differences, with no hope for reconciliation, this is sufficient grounds for a divorce.
- Abandonment, institutionalization, or imprisonment. If one spouse abandons the other for a period of 12 months, or is institutionalized for mental illness for 24 months, or incarcerated for 18 months, this is sufficient grounds for divorce.
- Cruelty or abuse. It is grounds for divorce if one spouse physically or mentally abuses the other, or abuses drugs and/or alcohol for at least 12 months, or sexually abuses the other spouse (including rape).
- Adultery. Adultery is a special case in New Jersey divorce law because it is the one ground for divorce that changes the residency requirement. Where ordinarily one year of residency in the state is required prior to filing for divorce, in cases of adultery it is only necessary that one spouse be a New Jersey resident for some amount of time, and not necessarily as long as a year. Adultery can be difficult to prove, and is a case where the assistance of a divorce attorney is essential.
Consult an experienced lawyer to file your New Jersey divorce petition
New Jersey divorces are complicated because of the number of different grounds on which a divorce can be filed. These grounds are often hotly contested, since they can be the basis of compensation and custody decisions. If you are filing for divorce in New Jersey, or have had divorce papers served, you need to consult the experienced and compassionate family lawyers of Kardos, Rickles, Hand & Bidlingmaier. Contact us today for a consultation.