Joseph Russell, Jr.

Joseph Russell, Jr.

Wilentz, Goldman & Spitzer P.A.

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Latest Publications


Impact of Cohabitation on Alimony in New Jersey

Since the Enactment of the new Alimony Statute was signed into law on September 10, 2014, many clients have called to explore its impact on existing alimony awards and cohabitation in New Jersey. While it is clear that the...more

2/26/2015 - Alimony Cohabitation New Legislation

Big Changes for New Jersey Alimony

New Jersey law governing alimony has changed after Governor Chris Christie signed a Bill A845 on September 10, 2014. The modifications to New Jersey alimony include that absent “exceptional circumstances” the term of alimony...more

9/15/2014 - Alimony New Legislation

Father’s Rights to Custody

Our attorneys believe in standing up for both mothers and fathers who are embattled in a litigated custody battle. We have vast experience helping parents understand New Jersey laws governing custody and how to effectively...more

8/11/2014 - Child Custody Divorce Father's Rights

NJ Judge Clarifies the Role of Power of Attorney in Divorce Proceedings

In a published decision, Ocean County Superior Court Judge Lawrence Jones declared that a spouse involved in a divorce action must personally participate in the proceeding where the spouse is found to be mentally...more

8/11/2014 - Divorce Power of Attorney

Your Child’s College Education – How a New Jersey Judge Has Clarified Divorced Parents’ Financial Obligations

College costs have continued to climb at an alarming rate. A New Jersey Judge, however, has established parameters for how much a divorced parent is required to contribute to the cost of his or her child’s college education....more

7/14/2014 - Child Support Divorce

Avoid Financially and Emotionally Draining Litigation with Mediation

Mediation is one of several Complementary Dispute Resolution Programs governed by New Jersey Court Rule 1:40. Mediation provides the parties in a family law matter with the opportunity to resolve their issues in a structured...more

3/25/2014 - Mediation

IRS Recognizes Same-Sex Marriages for Tax Purposes

This summer, same-sex couples achieved a legal victory in the Supreme Court when the Defense of Marriage Act (“DOMA”) was held unconstitutional....more

9/12/2013 - DOMA Employee Benefits IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

Children as Witnesses in a Domestic Violence Dispute

In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the...more

7/29/2013 - Child Witness Cross Examination Domestic Violence Due Process Witness

Defense of Marriage Act (“DOMA”) held Unconstitutional by United States Supreme Court

After hearing arguments in March, yesterday — in a landmark 5-4 decision — the Supreme Court struck down DOMA. DOMA was section 3 of a 1996 law which explicitly defined marriage as a union between a man and a woman for...more

6/28/2013 - Discrimination DOMA Due Process Equal Protection Hollingsworth v Perry Proposition 8 Same-Sex Marriage SCOTUS Sexual Orientation Discrimination Standing US v Windsor

Court Scrutinizes Custodial Parent’s Decision to Send Daughter to Catholic High School

A New Jersey man of the Jewish faith sought to enjoin his ex wife from enrolling their teenage daughter in a Catholic high school. Phillips v. Emerson, No. A-0737-12T2 (App. Div. June 5, 2013). The couple was divorced in...more

6/20/2013 - Catholic Church Child Custody Divorce Religious Schools

Divorce Attorney For Financial Advisors And Stockbrokers

Stockbrokers and financial advisors going through a divorce often face non-routine issues due to the unique nature of their compensation. It is important for a financial advisor, and likewise, his or her spouse, to retain a...more

5/7/2013 - Deferred Compensation Divorce Equitable Distribution Financial Adviser Marital Assets Stocks

Nothing But Net or Airball for Kris Humphries in his Divorce Battle with Kim Kardashian?

One of the most highly publicized divorce battles in recent history quietly came to a close on Friday, April 19, 2013 in a Los Angeles court room. Reality star Kim Kardashian and NBA player Kris Humphries were married just 72...more

4/23/2013 - Annulment Divorce Fraud Kim Kardashian Prenuptial Agreements

Changes coming for Child Support in NJ?

The New Jersey Supreme Court’s Family Practice Committee, as mandated by the federal Family Support Act of 1988 reviews the guidelines used to determine child support every four years. This year, the Committee is set to...more

4/16/2013 - Child Support

Are Unallocated Support Payments in a Divorce Action Tax Deductible?

A couple going through a divorce action should understand whether a support payment, not specifically allocated as child support or alimony, is a taxable event where the payor may deduct it and the payee report it as income...more

4/10/2013 - Alimony Child Support Divorce Income Taxes Tax Deductions

Supreme Court Hears Arguments in DOMA Challenge

The Defense of Marriage Act (“DOMA”) is agay marriage federal law which bars interstate recognition of marriage between same sex couples. This means that while a marriage between members of the same sex in one state may be...more

3/28/2013 - DOMA Same-Sex Marriage

Working Towards an Amicable Resolution

Mediation is one of several Complementary Dispute Resolution Programs governed by New Jersey Court Rule 1:40. This Court Rule is set forth in its entirety on our Judiciary’s website at The...more

3/11/2013 - Dispute Resolution Divorce Mediation

The Conundrum Facing Same-sex Couples and Whether Help is on the Way

In 1975, Paul Simon crooned, “[t]here must be fifty ways to leave your lover.” But in 2013, some married same-sex couples are having trouble finding any way to leave their partners. A recent New York Magazine cover story...more

3/1/2013 - Divorce DOMA Same-Sex Marriage

The Impact of Facebook and Social Media on Divorce Actions and Custody Disputes – THINK Before you Post

A mother’s questionable status updates on Facebook played a significant role in a New York Court terminating the parties’ joint custody and ordering that the child’s father have sole legal custody (see the court’s decision in...more

2/25/2013 - Child Custody Divorce Facebook Social Media

When Divorce is Bad For Your Health – Medical Insurance Coverage has an Expiration Date

Journal of Health and Social Behavior by the University of Michigan in December 2012 revealed that on average 115,000 women each year lose private health insurance benefits after a divorce, and of this 115,000, more than half...more

2/22/2013 - COBRA Divorce Health Insurance

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