Andrew M Shaw

Andrew M. Shaw, Esq. is a graduate of Georgetown University Law Center and a former board member of the Georgetown Journal on Poverty Law and Policy, where he published. Andrew served as both a legal intern to Justice Helen Hoens of the New Jersey Supreme Court and as a judicial law clerk to the Hon. Margaret Goodzeit, P.J.F.P.; the Hon. Anthony F. Picheca, Jr., J.S.C.; and the Hon. Michael F. O’Neill, J.S.C., in the Somerset County Family Part.

Between 2015 and 2018, Andrew has published four articles on issues relating to family law in the New Jersey Law Journal, including: (1) Alimony Reform, Cohabitation, and the Untimely Death of the Economic Needs Test; (2) ‘Kozlov’ Test for Piercing Privileges is Alive and Well, which was subsequently republished in the American Bar Association’s Minority Trial Lawyer newsletter; (3) Unintended Consequences: Alimony Reform and Lifestyle Equalization; and most recently (4) Premarital Cohabitation and Duration of Alimony under the Amended Statute.

Andrew is a member of the New Jersey State Bar Association as well as the NJSBA’s Young Lawyers Division and Family Law Section. He is also a member of the Somerset County Bar Association and the SCBA’s Somerset County Family Law Practice Committee.

Andrew serves as an Executive Board Member of Town Clock Community Development Corporation, which owns and operates Dina’s Dwellings, a residential facility exclusively providing long-term housing to victims of domestic violence.

Andrew is rated 10/10 by Justia.com, 10/10 by Avvo.com, and he was selected to the New Jersey Super Lawyers list as a “Rising Star” for 2018 and 2019.

Georgetown University

J.D. | Law

2010 - 2013

Managing Attorney

Shaw Divorce & Family Law LLC

2019 - Current

Partner

DeTommaso Law Group

2014 - 2019

Judicial Law Clerk

Superior Court of New Jersey

2013 - 2014

Premarital Cohabitation and Duration of Alimony Under the Amended Statute

New Jersey Law Journal

December 14, 2018

Unintended Consequences: Alimony Reform and Lifestyle Equalization

New Jersey Law Journal

November 1, 2018

The Kozlov Test for Piercing Privileges Is Alive and Well (republished)

Minority Trial Lawyer

September 11, 2017

‘Kozlov’ Test for Piercing Privileges is Alive and Well

New Jersey Law Journal

July 17, 2017

Alimony Reform, Cohabitation and the Untimely Death of the Economic Needs Test

New Jersey Law Journal

September 29, 2015

Rising Star

New Jersey Super Lawyers Magazine

2019

Rising Star

New Jersey Super Lawyers Magazine

2018

New Jersey State Bar  # 091632015

Member

Current

NJSBA - Young Lawyers Division

Member

Current

NJSBA - Family Law Section

Member

Current

New Jersey

Since 2015

Federal Circuit

Since 2015

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Q. Aunt has sent more than 150 txt and emails in 90 days with harsh language and degrading comments. Can I do anything

September 8, 2020

A: First, you can report her harassment to the local police department. Harassment and cyber harassment are both crimes in the State of New Jersey. Whether to bring charges for any particular act of harassment rests in the discretion of the prosecutor's office, but the possibility of criminal charges (even if they are not ultimately brought) may be enough to deter future misconduct.

Second, you may be entitled to a restraining order under the Prevention of Domestic Violence Act ("PDVA"). Under the PDVA, only a victim of domestic violence can obtain a restraining order. The term "victim of domestic violence" is defined to include "a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member." Additionally, it includes “any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant." Finally, the term victim of domestic violence includes "any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship."

Since this is your aunt, it seems plausible that at some point you were members of the same household. If so, relief under the PDVA is available to you, and I strongly recommend retaining a qualified attorney to represent you. Strategic and aggressive counsel will help to maximize your odds of success. Please contact one of the lawyers here on Justia. Many of us would be happy to sit down with you free of charge to explore the facts, explain the law, and address the likely timeline, costs, and range of possible outcomes.

Whether you reach out to me or to another attorney, I wish you the best of luck. ... Read More

Q. Do lawyers have access to court audios?

August 31, 2020

A: Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.

Q. How does the judicial system accommodate for, and assist spouses to move forward in resolving marital financial abuse?

August 21, 2020

A: Thank you for posting this question. Marital financial abuse is a very serious issue, but the Courts do provide methods by which it can be addressed. While the Court cannot compel marital counseling, it can certainly grant a Judgment of Divorce that respects and acknowledges your rights (and your husband's obligations) in relation to the marriage. Indeed, for many spouses in New Jersey, the divorce process provides their first real look at the marital finances and first taste of control in that regard. There are a few things for you to consider:

First, despite your husband's refusal to provide you with reasonable access to financial information, you absolutely will obtain that information during the divorce process. The law requires him to cooperate. If he refuses, the Court has the authority to impose severe sanctions (up to and including incarceration in jail), and you have the ability to obtain records without his participation using discovery tools like subpoenas, depositions, and expert investigations.

Second, the Court will permit you with sufficient access to marital assets so that you can litigate, in good faith, on equal footing with your husband. It does not matter whether marital income and accounts are in your name or his name. The law treats them as belonging to the both of you. This is described as an "advance" or "award" of counsel fees. Essentially, the purpose of an award of counsel fees in family actions is twofold. It may permit parties with unequal financial positions to litigate, in good faith, on equal footing. Further, fees may be awarded to to prevent a maliciously motivated party from inflicting economic damage on an opposing party by forcing expenditures for counsel fees. In this case, both purposes may be invoked.

Third, you likely have claims for both alimony and equitable distribution. In marriages over twenty years in length, alimony is presumptively "open durational," or permanent. The amount of alimony awarded by the Court is highly discretionary, but an informal guideline often applied in negotiations tends to set that amount between 20% to 25% of the difference between the parties' gross incomes. That payment is not tax deductible to the paying spouse, and it is tax free to the recipient. In equitable distribution (which is a legal term for division of marital property), you are presumptively entitled to one-half of all property, with few exceptions, acquired between the date of the wedding ceremony and the date on which a Complaint for Divorce is filed.

Of course, this is just a brief overview of general principles. There are many complex issues that might impact your case particular case. I strongly recommend retaining a qualified attorney to represent you. Strategic and aggressive counsel will help to maximize your odds of success. Please contact one of the lawyers here on Justia. Many of us would be happy to sit down with you free of charge to explore the facts, explain the law, and address the likely timeline, costs, and range of possible outcomes.

Whether you reach out to me or to another attorney, I wish you the best of luck. ... Read More