In a divorce action, the filing of the Complaint is considered the “end of the marriage” for equitable distribution purposes. However, in a recent Superior Court decision, the Court ruled that the substantial increase in income by the husband (paying spouse) was relevant to determine the alimony figure to be awarded to the wife (receiving spouse).

Dudas v. Dudas, decided on April 11, 2011 and approved for publication November 1, 2011, involved a couple who was married for over twenty-six (26) years. During the course of the marriage, the husband was the primary financial provider for the family, while the wife was the primary caretaker of the parties’ two sons and the household. Throughout the marriage, the wife sporadically worked outside the home on a part-time basis, never earning more than $18,000.00 a year, as the court noted.  The husband, employed in the auto-parts industry as a sales man, gradually increased his income to $59,000.00 a year by the time the Complaint for Divorce was filed, while jumping post the filing of the Complaint to $64,000 in 2009 and $76,000 in 2010.

I often tell my clients that coming to see me for the first time is one of the most difficult steps in the divorce process. Most people feel themselves forced to seek legal advice regarding their marriage either by the filing and being served with a complaint for divorce by their spouse or by their marital relationship deteriorating to the point that it becomes unsustainable.

In a visitation dispute between a custodial maternal grandmother and paternal grandparents, the Appellate Division has recently rejected the custodial grandparent’s argument that because she is a psychological grandparent, she is entitled to the same “fundamental right to autonomy in child-rearing decisions”, including determining when and if the paternal grandparents visited with the child.

In Tortorice v. Vanartsdalen, the custodial maternal grandmother, the Defendant in the action, claimed that the lower court’s decision to grant the plaintiffs, the child’s paternal grandparents, a visitation schedule based upon a best interest analysis was wrong.

Paula Menar to Receive
2011 Martin S. Goldin Family Law Award

The 2011 winner of the Martin S. Goldin Family Law Award is Paula Menar, Esq., of Menar & Menar in New Brunswick. Paula will be presented with the award at the Association’s Annual Family Law Dinner Meeting, to be held on January 19, 2011 at The Pines Manor in Edison.

In 2002, the Middlesex County Bar Association mourned the loss of Martin S. Goldin. “Marty” was the longtime Chair of the Family Law Section. Marty was universally regarded as a fair and reasonable adversary and was renowned for his good nature, collegiality and genuine respect for all members of the bench and bar.

In February 2003, the Family Law Section announced the establishment of the Annual Martin S. Goldin Family Law Award, to be presented each year to a Family Law Practitioner who has been engaged in the practice for 15 years or less and exemplifies those principles by which Marty practiced family law, including: a continuous study of past and present case law; careful and detailed analysis of each case; presentation of the issues and applicable law to clients in a readily understandable manner; attempting to settle issues on a fair and reasonable basis before resorting to litigation; fostering respect and courtesy for the bench and bar; maintaining high standards of integrity and professionalism, and exhibiting leadership in the County or State Bar Association.

Welcome to menarlaw.com! We just revamped our website and we are eager to start connecting with anyone who is in need of legal services in areas like family law, wills, estates, trusts, and much more.

To give you a little bit of background, Menar & Menar first started out when Paula Menar began her own firm, Paula A. Menar, Attorney at Law LLC, in May 2004. Three years later in 2007, Menar & Menar Attorneys at Law was started with a new addition to the team- Raul Menar.

Since then, both Paula and Raul Menar have been representing cases in Family Law, Divorce, Equitable Distribution, Spousal Support, Child Support, Child Custody, Domestic Violence, Prenuptial Agreements, Post Judgment Issues, Wills, Estate Planning, Trusts, Probate/Estate Administrations, Powers of Attorney, Will Contest Litigation, and Guardianship.