Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - Rated by Super Lawyers
Badge - AV Preeminent Victor A. Rotolo
Badge - Client Champion Gold 2020
Badge - Hunterdon County Chamber of Commerce
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

March 2017 - Getting Married? Here Are Some Legal Facts to Consider

Engagement ring If you have plans to get married, congratulations? It’s an exciting time. And while it should bring only happiness, it’s always good to enter any agreement fully informed.

Do you need a prenuptial agreement? If you or your significant other has a large amount of assets or debts, consider one – it can save expense and emotional anguish later. New Jersey has guidelines regulating these agreements.

Prenups must:

  • Be in writing and signed by both parties
  • Include a statement of assets
  • Be revoked or amended only by written consent of both parties

Prenuptial agreements help determine, before problems arise, the rights and obligations of both spouses with regard to their property and assets, provided the agreements do not violate public policy. This includes rights and obligations to joint and separate property; wills, trusts, insurance death benefits and terms or elimination of spousal support. Prenups cannot, however, determine anything relating to child support or custody matters.

What happens to the ring if the engagement doesn’t work out? People in broken engagements struggle with this question all the time. Here are some facts:

  • New Jersey considers the engagement ring a “conditional gift” – a gift given with the expectation that something (marriage) will take place in exchange.
  • Because it is a conditional gift, the law says the engagement ring is the property of the giver until the expectation is fulfilled.
  • Once the expectation is fulfilled, the ring becomes the property of the recipient.
  • New Jersey courts take a “no fault” approach to broken engagements, meaning it doesn’t matter who called it off or why.
  • If you need to take the return of the ring to court, the ring’s value will determine where you file your complaint.
  • If the ring was altered (new setting, upgraded diamond, etc.) during your marriage, the ring could then be considered by the courts to be joint property and subject to equitable distribution.

Marriage to the right person for the right reasons is wonderful! Having knowledge about some marital legalities beforehand can only help should it not work out.

What Our Clients are Saying

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie

Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Kearns Rotolo Law and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and Kearns Rotolo Law for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael