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Be Prepared for Your Divorce Series: Part IV – Do You Need Experts?

One of the first things that you and your attorney will assess is whether you need any experts for your divorce case. There are many types of experts that can be employed in a divorce case, and your case may only need one,...more

Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?

One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration. In general, at the outset of a divorce, one chooses amongst these...more

Be Prepared for Your Divorce Series: Part II – Gather Your Proofs

In anticipation of this series, I reached out to some former clients and asked them: How could you have been better prepared for your divorce? One client told me that she wished she had gathered all her proof documents...more

Be Prepared for Your Divorce Series: Part I – Talk to A Divorce Attorney First.

One of the questions I am often asked is: what is the number one piece of advice you would give to someone at the beginning of his or her divorce? I once gave the answer: be prepared...more

New Jersey Appellate Division Rules: COVID is Not a Permanent Change of Circumstances to Modify Support

Since the onset of the pandemic, New Jersey family law practitioners and litigants alike have been wondering how the obvious financial repercussions the pandemic has wrought on individuals’ financial circumstances would be...more

Statutes And Subsequent Qualification By The Supreme Court – They Both Matter.

In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must be based upon a judge’s findings on all elements of...more

A Reminder: No Change Of Circumstances? No Best Interests Of The Child Finding? No Change Of Custody Or Parenting Time..

Last summer, Eliana Baer and Eric Solotoff of our Family Law Department achieved an Appellate Division victory when a trial court’s decision to allow our client’s ex-husband to obtain a custody evaluation without the...more

Alienating Your Kids From Their Other Parent May Cost Your Kids Big When It Comes To Child Support And College.

Here in New Jersey, divorced parents are generally obligated to contribute to the college education expenses for their un-emancipated children. In virtually every marital settlement agreement where there are un-emancipated...more

As If It Wasn’t Clear The First Time, The Appellate Division Rules On The Impact Of A Social Security Administration Disability...

In a recent published (precedential) decision, Gormley v. Gormley, the Appellate Division cleared up confusion between two prior cases that dealt with the impact of a determination of disability by the Social Security...more

New Jersey Appellate Division Examines The Meaning Of “Dating Relationship” In Domestic Violence Cases.

I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main...more

Family Support Obligations And The COVID-19 Economic Crisis

For families already coping with family court orders, the COVID-19 pandemic – and the economic downturn it is causing – raises new and sometimes difficult-to-answer questions. As their own job and income statuses are...more

Does The Marital Lifestyle Matter When It Comes To Enforcing A Pre-nuptial Agreement?

A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.” In Steffens, the Wife sought to set aside a prenuptial agreement, arguing that it was...more

Appellate Division Examines Proofs Required To Establish Mental Incapacity And Lack Of Consent Under The Sexual Assault Survivor...

In a recent published (i.e. precedential) decision, C.R. v. M.T., the New Jersey Appellate Division elaborated upon the legal standard proving that a sexual encounter during which one party was intoxicated was non-consensual...more

So, You Think You Don’t Have To Share That Inheritance?

One of the more complex issues we see when addressing alimony and equitable distribution relates to inherited assets and the money (distributions, investment experience, interest, etc.) that emanates from them. Under New...more

Religion And Divorce: Raising Children Of Interfaith Marriages Post-Divorce

Raising children born of interfaith marriages can have its challenges (and of course, its unique joys – Chrismukkah, anyone?), but at least parents in intact families navigate and mediate these challenges together. If and...more

Moving Child Support From Place To Place

I have previously written about the custody and parenting time issues that may be presented when a child is moved from state to state within the country. But what of child support? In an interesting recent unpublished...more

How To Behave In The Courtroom

Anything can happen in court. Last week, while in the midst of an appearance, I served as de facto wedding photographer. Although the bride and groom were blissfully unaware of it, their wedding ceremony came as a welcome...more

3/26/2019  /  Divorce , Marriage , Spouses

New Published (Precedential) New Jersey Appellate Division Decision Confirms That All Custody And Parenting Time Decisions Are...

In a new, published (precedential) decision, J.G. v. J.H., Judge Koblitz, of the Appellate Division confirmed and explicitly held what we all should have known before: No matter what type of case, the same rules apply with...more

Opposing An Application To Modify Or Terminate Alimony Upon Retirement? Be Ready To Address Your Ability To Have Saved Adequately...

In the wake of the September 10, 2014 amendments to N.J.S.A. 2A:34-23, the legislature clarified the circumstances under which an alimony payor’s obligation can be modified or terminated due to the obligor’s intended or...more

12/4/2018  /  Alimony , Divorce , Spousal Support , Spouses

Are You Willing To Bet On Winning Counsel Fees?

I recently represented a client at mediation during which the parties were able to resolve virtually all of their issues, save for the Wife’s claim that the Husband should make a significant contribution to her counsel...more

11/7/2018  /  Divorce , Legal Fees , Mediation , Spouses

What Does Your Divorce Have In Common With Halloween? A SPOOOOOOOOOOKY Comparison.

All Hallow’s Eve is upon us. All month long, I have watched my favorite Halloween movies (Hocus Pocus, anyone?), visited haunted houses, carved my Jack-O-Lantern, and engaged in all the usual Halloween festivities. But it...more

10/29/2018  /  Divorce , Spouses

In A New Post-Bisbing Decision, The Appellate Division Highlights The Significance Of The Requirement To Show Cause For A Proposed...

Just over a year after the New Jersey Supreme Court changed the standard to be applied in removal, or interstate relocation, cases, the Appellate Division in Dever v. Howell (an Appellate Division set to be published and,...more

Read This Before You Press “Record”

Technology is making it easier and easier to satisfy our curiosity about just what the heck the people in our lives are up to. Are you curious about your husband’s whereabouts? You could plant a GPS device on his car. Do...more

A Playlist For When You’re Going Through A Divorce On Valentine’s Day

It may seem counter-intuitive, but the month of Saint Valentine is also generally the month that sees the highest volume of filing for divorce. For some people, getting divorced may be their New Years Resolution. Others...more

2/14/2018  /  Divorce , Spouses , Valentine's Day

New Appellate Division Decision Outlines Procedures For Reconstructing The Record In DV Cases

The Appellate Division recently issued a published (precedential) decision in the matter of G.M. v. C.V. providing some clarification on procedures that must be followed when a transcript is not available to serve as a record...more

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