Author: Louis M. Ragone
Supreme Court of NJ Sets New Precedent on Sexual Consent and Intoxication
Posted in Divorce & Family Law
This week, The Supreme Court of New Jersey delivered a monumental win for victims of sexual assault. The Court’s unanimous decision in C.R. v M.T. set a new precedent for courts in deciding whether an alleged victim of sexual assault was too intoxicated to give consent—more specifically, the ruling clarifies… Continue reading
Domestic Violence: What is a Dating Relationship?
Posted in Divorce & Family Law
Several months into the COVID-19 pandemic, the daily lives of most people have changed in many ways. With many people still desiring to find companionship, dating websites and mobile applications have provided somewhat of a substitute for traditional in-person dates, which are no longer feasible during the pandemic. What happens… Continue reading
Family Law and COVID-19: What Happens If a Restraining Order Is Issued Against You?
Posted in Divorce & Family Law
While restraining orders pursuant to the New Jersey Prevention of Domestic Violence Act exist to protect real victims from abusers, there have been occasions where restraining orders have been obtained with embellished or fabricated allegations. A purported victim may attempt to obtain a restraining order in order to gain an… Continue reading
Family Law and COVID-19: Legal Custody and Parenting Time
Posted in Divorce & Family Law
Legal custody is the hallmark of co-parenting. Both parents should confer and attempt to agree on issues pertaining their child’s health, safety, education, and welfare, all in the name of their child’s best interests. The decisions you and the other parent make about your child during this coronavirus pandemic may… Continue reading
An Overview of How a Divorce Could Affect Your Taxes Part 3: Property Divisions, Dependency Exemptions and Child Care Credits
Posted in Business & Commercial Law
In 1962, the United States Supreme Court decided United States v. Davis, which created difficulties for divorcing parties and attorneys. Although, there was no sale and no money changing hands, the transfer of appreciated property in exchange for marital rights was considered to be a “sale” with the transferor liable for payment of capital gains taxes. The gain was determined by the fair market value of the asset on the date of the transfer with the transferor deemed to have received the value equal to that portion of the fair market value transferred to the other spouse. Conversely, the transferee was charged with neither gain nor loss because the marital rights relinquished were not “appreciated property,” even though these rights were considered to be equal in value to the value of the property received. Thus, the transferee of appreciated property received it on a “stepped up” basis equal to the fair market value of the property received. Continue reading
