Sangiovanni Marchetti Law

04/23/2025

https://youtube.com/playlist?list=PLFgO7sOMNmtmeA7PwSPmFu3O2AZBvDfGM&si=5MbTf1IVP4y_HAVz

New to divorce or just starting the process? This playlist is your essential guide. Created by certified matrimonial trial attorney Bianca, this series cover...

04/23/2025

https://youtube.com/?si=x27g8H_KxKIKUqEM

Breaking Up with Bianca is a channel for anyone navigating divorce, custody, or child support. I’m Bianca, a certified matrimonial trial attorney with over 10 years of courtroom experience in family law. This channel is here to give you the clarity, legal insight, and practical tools you need to m...

04/15/2025

I'd like to introduce you to my new YouTube page, accessible at

Breaking Up with Bianca is a channel for anyone navigating divorce, custody, or child support. I’m Bianca, a certified matrimonial trial attorney with over 10 years of courtroom experience in family law. This channel is here to give you the clarity, legal insight, and practical tools you need to m...

03/07/2023

With the legalization of same-sex marriage, same-sex divorce has become a reality. Same-sex divorce is similar to traditional divorce in many ways, but there are unique legal considerations that must be taken into account. Here's what you need to know about same-sex divorce in NJ:

Grounds for Divorce:

In NJ, the grounds for divorce are the same for same-sex and traditional marriages. The most common grounds for divorce are irreconcilable differences, separation for at least 18 months, and extreme cruelty.

Property Division:

NJ is an equitable distribution state, which means that assets acquired during the marriage are divided in a fair and equitable manner. This includes assets such as real estate, retirement accounts, and personal property. In a same-sex divorce, property division can be complicated, especially if the couple has joint property or assets acquired before the legalization of same-sex marriage.

Child Custody:

Child custody in same-sex divorce is handled in the same way as traditional divorce. The court considers the best interests of the child when determining custody and parenting time. It's important to note that same-sex couples may have unique parenting arrangements, such as co-parenting with a friend or using a surrogate, which can impact custody arrangements.

Spousal Support:

In NJ, spousal support, also known as alimony, may be awarded to one party in a divorce. Spousal support is based on a variety of factors, including the length of the marriage, the parties' earning potential, and the standard of living during the marriage.

Legal Assistance:

It's important to work with a family law attorney who has experience with same-sex divorce. A family law attorney can help navigate the legal complexities of same-sex divorce, such as property division and child custody arrangements. Additionally, a family law attorney can help ensure that the divorce agreement reflects the unique needs of same-sex couples.

Conclusion:

Same-sex divorce is similar to traditional divorce in many ways, but there are unique legal considerations that must be taken into account. Grounds for divorce, property division, child custody, and spousal support are all important considerations in same-sex divorce. It's important to work with a family law attorney who has experience with same-sex divorce to ensure that the legal complexities of same-sex divorce are properly addressed. With the right legal assistance, same-sex divorce can be handled in a way that prioritizes the needs of all parties involved.

03/03/2023

Divorce can have a significant impact on a person's credit score. It's important to be aware of how divorce can affect credit scores and take steps to mitigate the potential negative consequences. Here are some ways divorce can impact credit scores:

Joint Debt: If the couple has joint debt, such as a mortgage or credit card, both parties are responsible for the debt. If one party fails to make payments, it can impact both parties' credit scores.

Spousal Support and Child Support: If spousal support or child support payments are not made on time, it can negatively impact credit scores. If the payments are made through a court order, it is important to make payments on time to avoid negative consequences.

Credit Accounts: If the couple has joint credit accounts, such as a credit card or loan, it's important to close or transfer these accounts to avoid the risk of one party making charges that negatively impact the other party's credit score.

New Debt: If one or both parties incur new debt after the divorce, it can negatively impact their credit score. It's important to be mindful of new debt and make payments on time.

Credit History: Divorce can impact credit history, especially if one party is responsible for joint debt and fails to make payments. Late payments or missed payments can remain on a credit report for up to seven years and negatively impact credit scores.

To mitigate the potential negative impact of divorce on credit scores, it's important to take steps to separate joint accounts, make payments on time, and be mindful of new debt. It's also a good idea to check credit reports regularly to monitor for any negative impact.

It may be helpful to work with a financial planner or credit counselor who can provide guidance on managing finances after a divorce. Additionally, working with a family law attorney who understands the financial aspects of divorce can help ensure that the division of assets and debts is handled in a way that prioritizes financial well-being.

Conclusion:

Divorce can have a significant impact on credit scores. Joint debt, spousal and child support, credit accounts, new debt, and credit history are all ways that divorce can negatively impact credit scores. To mitigate the potential negative impact, it's important to take steps to separate joint accounts, make payments on time, and monitor credit reports. Working with a financial planner or credit counselor can provide guidance on managing finances after a divorce. Additionally, working with a family law attorney who understands the financial aspects of divorce can help ensure that the division of assets and debts is handled in a way that prioritizes financial well-being. Contact 732-840-4040 to schedule a complimentary strategy session.

03/01/2023

Certainly! Here's a blog post on the positives of divorcing:

Divorce is often viewed as a negative event that brings about emotional and financial turmoil. While it is true that divorce can be challenging, it's also important to recognize that there can be positive aspects to divorcing. Here are some of the positives of divorcing:

Increased Happiness: If the marriage was unhappy, divorce can provide a new beginning and an opportunity to pursue happiness. While divorce can be challenging, it can also be a chance to create a life that is more fulfilling.

Improved Mental Health: When a marriage is unhappy, it can take a toll on mental health. Divorce can provide a sense of relief and improve mental health. Studies have shown that people who divorce report improved mental health and reduced symptoms of depression and anxiety.

New Opportunities: Divorce can create new opportunities for personal growth and development. It can be a chance to pursue new hobbies, careers, and relationships.

Better Parenting: In some cases, divorce can lead to better parenting. When parents are in a high-conflict relationship, it can be challenging to co-parent effectively. Divorce can provide the opportunity for parents to establish separate households and create a more stable environment for the children.

Financial Freedom: While divorce can have financial consequences, it can also provide financial freedom. It can be a chance to create a new budget and pursue financial goals without the constraints of a struggling marriage.

Better Relationships: Divorce can provide the opportunity for individuals to reflect on what they want in a relationship and pursue healthier relationships in the future.

Conclusion:

Divorce is often viewed as a negative event, but it's important to recognize that there can be positive aspects to divorcing. Increased happiness, improved mental health, new opportunities, better parenting, financial freedom, and better relationships are all potential positives of divorcing. While it can be challenging, divorce can provide the opportunity for personal growth and a new beginning. It's important to work with a family law attorney who understands the unique challenges of divorce and can help guide you through the process. A family law attorney can help you understand your options and develop a plan that prioritizes your needs and goals. Call 732-840-4040 to schedule a complimentary strategy session.

02/28/2023

Divorce is never an easy decision, especially when children are involved. In some cases, separation may be the best choice for the children's well-being. While every situation is unique, there are some situations where separation is the best option.

Here are some scenarios where separation may be best for the children:

High-Conflict Relationships: If the parents have a high-conflict relationship that causes emotional or physical harm to the children, separation may be necessary. Children are highly sensitive to conflict and can be traumatized by witnessing or experiencing it on a regular basis.

Domestic Violence: If there is domestic violence in the relationship, it is essential to prioritize the safety of the children. Separation may be necessary to protect the children and provide them with a stable and safe environment.

Substance Abuse: If one or both parents have a substance abuse problem, separation may be necessary to protect the children from harm. Substance abuse can cause instability in the household and put the children at risk of neglect or abuse.

Irreconcilable Differences: In some cases, the parents may have irreconcilable differences that make it difficult for them to co-parent effectively. This can cause ongoing conflict and stress for the children, which may impact their emotional well-being.

Mental Health Issues: If one or both parents have significant mental health issues that make it difficult for them to provide a stable and nurturing environment for the children, separation may be necessary. The children's well-being should be the top priority, and if the parents are unable to provide a safe and stable environment, separation may be necessary.

When considering separation, it's important to prioritize the well-being of the children. This means considering their emotional and physical needs, as well as their safety. Separation can be a difficult decision, but in some cases, it may be the best choice for the children's well-being.

It's important to work with a family law attorney who understands the unique challenges of separation and can help guide you through the process. A family law attorney can help you understand your options and develop a plan that prioritizes the children's needs.

Conclusion:

Separation can be a difficult decision, especially when children are involved. However, in some cases, separation may be necessary to protect the well-being of the children. High-conflict relationships, domestic violence, substance abuse, irreconcilable differences, and mental health issues are all scenarios where separation may be best for the children. When considering separation, it's important to prioritize the children's needs and work with a family law attorney who can help guide you through the process. Call Sangiovanni Marchetti Law for a complimentary strategy session 732-840-4040

02/25/2023

Challenges of High Net Worth Divorces

There are many challenges that can arise during a high net worth divorce, including:

Valuation of Assets: One of the primary challenges of high net worth divorces is determining the value of all assets, including real estate, businesses, and investments.

Tax Implications: The division of assets can have significant tax implications, and it's important to work with a financial advisor who can help you understand the potential tax consequences of different settlement options.

Complex Financial Arrangements: High net worth divorces may involve complex financial arrangements, such as prenuptial agreements, trusts, or family businesses, that need to be taken into account when negotiating a settlement.

Privacy Concerns: High net worth divorces can attract significant media attention, and it's important to take steps to protect your privacy during the process.

Tips for Navigating a High Net Worth Divorce

If you're considering or going through a high net worth divorce in NJ, there are some steps you can take to make the process easier:

Hire the Right Professionals: Working with an experienced divorce attorney and financial advisor who has experience in high net worth cases can help you navigate the complexities of the process.

Be Prepared to Negotiate: Divorce settlements in high net worth cases are often negotiated, so it's important to be prepared to engage in the negotiation process and to work with your attorney and financial advisor to create a settlement that meets your needs.

Protect Your Privacy: Work with your attorney to take steps to protect your privacy, such as filing court documents under seal or avoiding public hearings.

Focus on Your Goals: During a high net worth divorce, it's important to keep your eye on the end goal, which is to create a settlement that works for you and your family.

Conclusion

Divorce is never easy, but high net worth divorces can be particularly complex. Working with experienced professionals, being prepared to negotiate, protecting your privacy, and staying focused on your goals can all help make the process easier. If you're considering or going through a high net worth divorce in NJ, it's important to work with an attorney who has experience in these types of cases and who can help you navigate the unique challenges of the process. Bianca Sangiovanni Marchetti has over two decades of experience with sophisticated high net worth divorce litigation. Call 732-840-4040 to schedule a complimentary strategy session.

02/25/2023

Divorce is never easy, but it can be particularly challenging for those who are over 50 years old. Often referred to as "gray divorce," divorce over 50 has become increasingly common in recent years. In this blog post, we'll explore some of the unique challenges of divorce over 50 and what you need to know if you're considering or going through a gray divorce.

Reasons for Divorce Over 50

There are many reasons why couples over 50 may decide to get a divorce. Some of the most common reasons include:

Empty Nest Syndrome: With the children grown and moved out, some couples may find that they no longer have anything in common and decide to part ways.

Infidelity: Affairs can happen at any age, but they may be more common in gray divorce as couples may have been married for decades and may feel like they have lost their connection.

Financial Issues: Retirement can bring up financial issues that weren't present before, and couples may have different ideas about how to manage their finances.

Irreconcilable Differences: Sometimes, couples just grow apart and find that they no longer want to be married.

Challenges of Divorce Over 50

Divorce over 50 can be particularly challenging because couples may have accumulated significant assets and may be closer to retirement. Some of the unique challenges of gray divorce include:

Financial Concerns: Dividing assets can be complicated, and couples may need to consider how they will manage their finances in retirement.

Health Concerns: Older adults may have health issues that could complicate the divorce process or make it harder to move on after the divorce.

Social Isolation: Divorce can be isolating at any age, but older adults may find it harder to make new connections and build a social network.

Family Dynamics: Adult children may have strong opinions about their parents' divorce and may be more involved in the process than they would be in a divorce involving younger couples.

Tips for Navigating a Gray Divorce

If you're considering or going through a gray divorce, there are some steps you can take to make the process easier:

Seek Professional Help: Working with a financial advisor or therapist can help you manage the financial and emotional aspects of divorce.

Consider Your Retirement: Divorce can impact retirement plans, so it's important to work with a financial advisor to create a plan that takes into account the changes that come with divorce.

Communicate with Your Children: Adult children can be a great source of support during a gray divorce, but it's important to communicate openly and honestly with them about what's going on.

Take Care of Your Health: Divorce can be stressful, and it's important to take care of your physical and emotional health during the process.

Conclusion

Divorce over 50 can be a challenging process, but it's important to remember that you're not alone. Working with professionals, communicating with your family, and taking care of your health can all help make the process easier. With the right support, you can navigate the challenges of gray divorce and move on to the next chapter of your life. Call Sangiovanni Marchetti Law at 732-840-4040 to schedule a complimentary stratgey session

02/23/2023

Grandparents play an important role in the lives of their grandchildren, and in some cases, they may seek legal rights to maintain a relationship with their grandchildren. In New Jersey, grandparents have legal rights under certain circumstances, but it can be challenging to navigate the legal system without the help of an experienced attorney. In this blog post, we'll explore grandparents' rights in New Jersey and what you need to know.

What are Grandparents' Rights in New Jersey?

In New Jersey, grandparents have legal rights to visitation and custody under certain circumstances. To qualify for these rights, grandparents must demonstrate that they have an established relationship with their grandchild and that denying visitation or custody would cause harm to the child.

Grandparents' rights in New Jersey are established under the Grandparent Visitation Statute, which provides that grandparents can seek visitation if the child's parents are divorced, separated, or unmarried, and the child's best interests would be served by allowing visitation. Additionally, grandparents can seek custody if the child's parents are unable or unwilling to care for the child, and it's in the child's best interests to live with the grandparent.

How to Seek Grandparents' Rights in New Jersey

If you're a grandparent seeking visitation or custody in New Jersey, the first step is to consult with an experienced family law attorney. Your attorney can help you navigate the legal system and understand your options.

To seek visitation, you will need to file a petition with the court and demonstrate that you have an established relationship with your grandchild, and that denying visitation would cause harm to the child. The court will consider various factors, including the grandparent's relationship with the child, the parent's relationship with the grandparent, and the reasons for the parent's objection to visitation.

To seek custody, you will need to demonstrate that the child's parents are unable or unwilling to care for the child, and that it's in the child's best interests to live with the grandparent. The court will consider various factors, including the grandparent's relationship with the child, the reasons for the parents' inability or unwillingness to care for the child, and the child's best interests.

Conclusion

Grandparents play an important role in the lives of their grandchildren, and in some cases, they may seek legal rights to maintain a relationship with their grandchild. In New Jersey, grandparents have legal rights to visitation and custody under certain circumstances. If you're a grandparent seeking visitation or custody in New Jersey, it's important to consult with an experienced family law attorney who can help you navigate the legal system and understand your options. With the help of an attorney, you can seek to maintain a relationship with your grandchild and ensure that their best interests are protected. Call Sangiovanni Marchetti Law at 732-840-4040 to schedule a complimentary strategy session. 💯

02/22/2023

Divorce can be a stressful and emotional time, and it's important to protect your assets during the process. In New Jersey, marital property is subject to equitable distribution, which means that property acquired during the marriage is divided fairly between the spouses. However, there are steps you can take to protect your assets during a divorce. In this blog post, we'll explore some ways to protect your assets during a divorce in New Jersey.

Identify Separate Property
The first step in protecting your assets is to identify separate property, which is property that is not subject to equitable distribution. Separate property includes property that was owned prior to the marriage, inheritances, and gifts. It's important to have documentation proving that the property is separate, such as a prenuptial agreement, will, or receipt of the gift or inheritance.

Obtain a Postnuptial Agreement
If you didn't have a prenuptial agreement before getting married, you may still be able to protect your assets with a postnuptial agreement. A postnuptial agreement is a legal contract that is signed after the marriage and outlines how property will be divided in the event of a divorce. It's important to work with an experienced family law attorney to draft a postnuptial agreement that will hold up in court.

Close Joint Accounts and Credit Cards
Closing joint bank accounts and credit cards can help protect your assets during a divorce. Joint accounts can be used by either spouse, which means that your spouse could drain the account before the divorce is final. It's important to open separate accounts in your name only and transfer any funds that are rightfully yours. Additionally, closing joint credit cards can prevent your spouse from making charges that you would be responsible for.

Protect Your Business
If you own a business, it's important to protect it during a divorce. If your spouse has any ownership or involvement in the business, they may be entitled to a portion of it in the divorce. It's important to work with an experienced family law attorney to ensure that your business is valued properly and that you receive a fair distribution of any assets related to the business.

Keep Accurate Records
During a divorce, it's important to keep accurate records of all financial transactions. This includes bank statements, tax returns, and other financial documents. Keeping accurate records can help ensure that all assets are properly identified and divided during the divorce.

Conclusion

Protecting your assets during a divorce in New Jersey is important to ensure that you receive a fair distribution of property. It's important to work with an experienced family law attorney who can help you identify separate property, obtain a postnuptial agreement, close joint accounts and credit cards, protect your business, and keep accurate records. With the help of an attorney, you can protect your assets and ensure that your financial interests are protected during the divorce process. Call Sangiovanni Marchetti Law to schedule a complimentary strategy session at 732-840-4040.

02/22/2023

Divorce is never easy, but it can be particularly challenging for those who are over 50 years old. Often referred to as "gray divorce," divorce over 50 has become increasingly common in recent years. In this blog post, we'll explore some of the unique challenges of divorce over 50 and what you need to know if you're considering or going through a gray divorce.

Reasons for Divorce Over 50

There are many reasons why couples over 50 may decide to get a divorce. Some of the most common reasons include:

Empty Nest Syndrome: With the children grown and moved out, some couples may find that they no longer have anything in common and decide to part ways.

Infidelity: Affairs can happen at any age, but they may be more common in gray divorce as couples may have been married for decades and may feel like they have lost their connection.

Financial Issues: Retirement can bring up financial issues that weren't present before, and couples may have different ideas about how to manage their finances.

Irreconcilable Differences: Sometimes, couples just grow apart and find that they no longer want to be married.

Challenges of Divorce Over 50

Divorce over 50 can be particularly challenging because couples may have accumulated significant assets and may be closer to retirement. Some of the unique challenges of gray divorce include:

Financial Concerns: Dividing assets can be complicated, and couples may need to consider how they will manage their finances in retirement.

Health Concerns: Older adults may have health issues that could complicate the divorce process or make it harder to move on after the divorce.

Social Isolation: Divorce can be isolating at any age, but older adults may find it harder to make new connections and build a social network.

Family Dynamics: Adult children may have strong opinions about their parents' divorce and may be more involved in the process than they would be in a divorce involving younger couples.

Tips for Navigating a Gray Divorce

If you're considering or going through a gray divorce, there are some steps you can take to make the process easier:

Seek Professional Help: Working with a financial advisor or therapist can help you manage the financial and emotional aspects of divorce.

Consider Your Retirement: Divorce can impact retirement plans, so it's important to work with a financial advisor to create a plan that takes into account the changes that come with divorce.

Communicate with Your Children: Adult children can be a great source of support during a gray divorce, but it's important to communicate openly and honestly with them about what's going on.

Take Care of Your Health: Divorce can be stressful, and it's important to take care of your physical and emotional health during the process.

Conclusion

Divorce over 50 can be a challenging process, but it's important to remember that you're not alone. Working with professionals, communicating with your family, and taking care of your health can all help make the process easier. With the right support, you can navigate the challenges of gray divorce and move on to the next chapter of your life. Call Sangiovanni Marchetti Law at 732-840-4040 to schedule a complimentary strategy session.