The Initial Consultation

By:      T. Sandberg Durst, Esq.

            Lynch, Osborne, Theivakumar, Gilmore & Durst, LLC

For many people, one of the most difficult parts of the divorce process can be the initial consultation.  Deciding to meet with an attorney can seem to be an intimidating event.  Furthermore, doing so may make real the fact that the marriage is irretrievably broken and that is, understandably, a painful threshold to cross.  Whether your first meeting is simply to gather additional information or a decisive step to begin the divorce process, there are steps that can be taken to make consultation as productive as possible.  The more information you as the client can make available and are willing to share with the attorney the better.  No two marriages are alike and the more insight you can provide, the better the attorney can assess your particular situation.

            You should plan on spending approximately one hour with the attorney for the initial consultation.  Information that the attorney will want may include:

                                    1.         The name of you and your spouse as well as the names and ages of any children;

                                    2.         The name of your or your spouse’s employer and salary information;

                                    3.         Your address and contact information such as phone number and e-mail address;

                                    4.         The name of your spouse’s attorney if known;

                                    5.         The date and location of the marriage;

                                    6.         Whether there have been any previous court proceedings between you and your spouse;

                                    7.         Whether or not you still reside together;

                                    8.         A list of assets and liabilities with approximate values;

                                    9.         Any unusual facts or circumstances of your marriage or family;

                                    10.       Whether or not there is a prenuptial agreement.

            Once this information has been provided the attorney will be able to provide some preliminary guidance on such issues as alimony, child support, child custody and equitable distribution.  Keep in mind that this initial assessment is only based on a preliminary review of the available information and may change as the case unfolds and additional information become available.

            In order to prepare the Complaint for Divorce, you and your attorney will need to decide upon which of the nine available grounds for divorce will be used.  Under current New Jersey law, there are nine reasons for seeking a divorce.  They are: (1) irreconcilable differences (2) Extreme Cruelty (3) Adultery (4) Eighteen Month Separation (5) Desertion (6) Habitual Drunkenness (7) Mental Illness (8) Imprisonment and (9) Deviant Sexual Conduct.

            Once the details of the Complaint for Divorce have been fleshed out, the discussion can turn to an explanation of the divorce process.

An appeals court panel thecase J.T’s Tire Service, Inc., et al. v. United Rentals North America, Inc.,et al., A-2989-08T2, ruled today that laws barring sexual discriminationand harassment do not just apply to employer-employee relationships, but alsoto relationships between businesses that have a contract with each other.  The three-court panel unanimously overturned a lower court’s decision thatthe female owner of a tire distributor could not sue United Rentals North America,Inc. after one of their branch managers pulled the company's business from herwhen she rejected his sexual advances.  "Thequid pro quo sexual harassment alleged in the complaint, if legally permitted,would stand as a barrier to women's ability to do business on an equal footingwith men," the judges said.

The owner of J.T.'s TireService Inc., Eileen Tortorello, filed suit against United Rentals NorthAmerica Inc. and its Piscataway branch manager, Harold Hinkes, in January 2008.The suit alleged that Hinkes did not buy tires from Tortorello's firm after sherefused his sexual advances.  Thecomplaint charged United Rentals and Hinkes with discriminatory refusal to dobusiness, under the Law Against Discrimination (LAD).  Shortly after the complaint was filed, UnitedRentals filed a motion, seeking dismissal of the lawsuit on the grounds thatthe LAD only applied in employer-employee relationships, not between twobusinesses.  Superior Court Judge EdwardRyan, sitting in New Brunswick, agreed with United Rentals and dismissed thecomplaint.  Tortorello's attorney appealedRyan's decision, which was overturned by the appellate court's ruling.  Since the decision was unanimous, United Rentalsmust apply to the state Supreme Court for permission to appeal the ruling. Ifthis ruling is not overturned, it may significantly expand the contours of LADwell beyond the traditional employer-employee relationships.