An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic community seeks to withdraw their children from certain...more
If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will discuss vacating particular provisions related to custody and parenting time...more
As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its ups and downs, but as the pandemic has waned, 2022 has also presented...more
I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate is legally sufficient, but the...more
Holidays are a magical time, full of whimsy, togetherness, and memory-making pastimes. Thanksgiving is my personal favorite. I love the food, the company, and the uninterrupted time I get with my family....more
If you learn nothing else from my blog series on Arbitrations in the Bais Din, remember this one caveat: do not sign an Agreement to Arbitrate without the advice of counsel. Doing so could prove catastrophic for you, your...more
In a prior blog post, Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, I discussed the absolute necessity of the Umpire/Arbitrator’s Disclosure and the fact that appending that specific form as set...more
Following up on my blog post regarding Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, this post will focus on some more substantive issues that could arise that may serve as a defense to Agreements...more
Let’s start this one with a hypothetical. A divorce action has been filed against you by your spouse. A very important court date is coming up regarding the children and somehow you find yourself in Bais Din. You are swept up...more
Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing a black robe, and many of the...more
In my last blog post, I reviewed the requirements for parties to submit their marital disputes to Bais Din under New Jersey law, which is provided for under New Jersey Court Rule 5:1-5(b).
However, special considerations...more
A Bais Din (also known as a Beth Din, Beit Din, or Beis Din), is a Rabbinical Court that resolves all types of disputes between people of the Jewish faith, from landlord/tenant disputes, to divorce and custody matters....more
As divorce lawyers everywhere can attest, January is usually a very busy month. After New Year’s, starting right when we return to work on January 2nd, those who have been contemplating divorce, and waiting for just the...more
One thing this pandemic has taught me about my fellow lawyers: we are adaptable.
Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux pas, his reaction was not to jump off the Zoom call in...more
What happens when you make a mistake? You correct it and move on.
What happens when you make a mistake in your divorce settlement agreement? Can you correct it and move on? Well, maybe not.
There is a mechanism...more
Last week, Eric Solotoff and I achieved victory in the Appellate Division in the unreported (non-precedential) decision of Gatto v. Breton, wherein the Court reversed the trial court’s order permitting the Plaintiff father to...more
At its elemental level, divorce is really all about division. Division of the union, division of the assets and division of the debt. It’s about taking whatever the parties put into the large marital pot and splitting it up...more
Nobody wants to go to Court. In fact, you’ve probably spent your whole life doing everything not to go to Court. But you’re getting divorced. And now, it’s unavoidable. ...more
Last week, I blogged about whether you should settle your retirement alimony case and the ingredients that might go into that decision. To be honest, this “why you should or should not settle” question is only the beginning...more
There has been much ado about the new alimony statute. Obligors believe they are now in the driver’s seat when it comes to disposing of their alimony obligations. After all, the statute sends a message that alimony should at...more
Although the typical matrimonial practitioner may not undertake Division of Child Protection and Permanency (“Division”) on a regular basis, we oftentimes face situations wherein a trial court, in a related matrimonial...more
Thankfully, sexual abuse allegations against parents do not often arise in the context of a divorce typical. However, when those scenarios do arise, they bring lawyers, litigants and judges alike in to unchartered territory...more
Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right to have his or her “day in court.” As we learn in the...more