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Category Archives: Divorce

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The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

Posted in Alimony, Child Support, Counsel Fee Awards, Divorce, Equitable Distribution, Visitation/Parenting Time

In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going… Continue Reading

NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: THE IMPACT OF “GREY DIVORCE” ON RETIREMENT PLANNING

Posted in Divorce, Practice Issues

In the second installment of our New Jersey Family Law Podcast Series, we are proud to present - Impact of Grey Divorce on Retirement Planning.  Based on one of our earlier blog posts, Robert Epstein and I highlight the practical implications associated with the recent uptick in divorce among the “Baby Boomer” generation – those over the age of… Continue Reading

HOW MEN AND WOMEN CAN “LEAN IN” TO DIVORCE

Posted in Divorce

In the past year, you have probably heard this term about a thousand times; especially if you’re a woman.  The book that started it all, “Lean In” by Sheryl Sandberg, focused on encouraging women to pursue their ambitions in a male-dominated world. In the book, Sandberg offered practical advice to women in the workplace with… Continue Reading

NEW JERSEY FATHER ORDERED TO PAY $112,000 FOR DAUGHTER’S LAW SCHOOL TUITION

Posted in Child Support, Custody, Divorce, Modification, Practice Issues

Talk about sticker shock.  A New Jersey father was recently ordered to pay more than $112,000 for his daughter to attend Cornell Law School. But is it really shocking?  The parties’ divorce agreement, entered into in 2009, did provide that the parents would split the cost of law school provided that she maintained over a… Continue Reading

TO DEFAULT OR NOT?

Posted in Divorce, Equitable Distribution, Practice Issues, Uncategorized

So you’ve made the decision to get divorced.  It hasn’t been an easy decision to make.  You’ve hired an attorney and filed your Complaint.  You wait for your spouse to respond.  Nothing.  One month later; still nothing.  Another month; more nothing.  In the meantime, you are living together in misery.  Bills aren’t getting paid.  The… Continue Reading

WHEN DOES “ENOUGH” MEAN WHAT YOU ARE ENTITLED TO?

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When I am representing the payee spouse (frequently also known as the financially inferior spouse, the spouse whose earning capacity pales in comparison to the payor spouse, and the like), I find it interesting when the attorney for the payor spouse tells me that my client should simply be happy with what her soon-to-be former spouse… Continue Reading

GITAL IS FREE – LESSONS IN HERD MENTALITY AND THE STRUGGLE FOR A GET

Posted in Divorce, Domestic Violence, Equitable Distribution, Practice Issues, Uncategorized

Herd mentality is an interesting thing.  It basically describes how people are influenced by their peers to adopt certain behaviors, follow trends, or purchase certain items.  While typically anthropologists thought of this as a survival instinct – i.e. people in groups who espouse common goals may survive longer in pre-industrialized society – it has gotten… Continue Reading

IN WITH THE LION – MARCH AS THE PEAK TIME FOR DIVORCE FILINGS.

Posted in Custody, Divorce

As our loyal readers may know, Eric Solotoff blogs annually about the so-called “New Year’s Resolution Divorce,” where the number of new clients walking through our doors spikes at the beginning of the new year.  There are, most definitely, verifiable statistics to show that this concept is for real.  A new cnn.com article, “In January ‘ex’… Continue Reading

BACK AWAY FROM YOUR IPHONE – THE PERILS OF SOCIAL MEDIA STRIKE AGAIN!

Posted in Custody, Divorce, Practice Issues

In reading about the massive case involving dozens of New York firefighters and police officers who are charged with defrauding the Social Security disability system by faking the nature of their own conditions in order to procure government benefits, key pieces of evidence collected by the Manhattan District Attorney’s Office include Facebook postings from the accused… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: PRIDE; THE NARCISSISTIC DIVORCE

Posted in Custody, Divorce, Visitation/Parenting Time

Sometimes I feel like a doctor.  A patient comes in, describes symptoms to me, and I prescribe a course of treatment. Some ailments are more complicated than others.  An amicable divorce, for example, could be analogized to a common cold.  A moderately contested divorce with relatively few issues to the flu, perhaps. But then there… Continue Reading

APPELLATE DIVISION SEEKS TO PROTECT THE PARENTAL BOND

Posted in Custody, Divorce, Domestic Violence, Visitation/Parenting Time

Highly acrimonious custody disputes abound for countless reasons, many of which are tied to the specific facts and circumstances of a given case.  A determination of the most appropriate custody arrangement (joint or shared legal and residential custody) and parenting time schedule can be a difficult process, especially when multiple custody evaluators are retained to… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: LUST

Posted in Divorce

It’s not what you think.  After all, my parents do follow my blog posts.  But, parental guilt aside, I don’t think that we can really talk about the sins of divorce without at least mentioning what is really on everyone’s mind – a cheating spouse. We all know that it happens.  We have heard the… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: WRATH

Posted in Divorce, Domestic Violence

Rihanna, Whitney Houston, Tina Turner – all highly successful artists.  But they also have something else in common. They are all victims of domestic violence. Interestingly, when we think of these women, words emerge such as: strong, powerful and successful. Sometimes, despite their relationship woes, we think they are untouchable.  They are not and were… Continue Reading

STOP, COLLABORATE AND LISTEN – SETTLEMENT IN MEDIATION

Posted in Counsel Fee Awards, Custody, Divorce, Practice Issues

The golden words in this blog title once spoken by Robert Van Winkle (more famously known by another name) could and should be well heeded by family lawyers and litigants when trying to settle a case.  So why, then, are they so often ignored?  I recently attended a mediation in a case where, as soon as I walked into… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: SLOTH

Posted in Divorce, Practice Issues

“Do not put off your work until tomorrow and the day after.” – Hesiod, Greece, 800 B.C. We have all been there – Facebook beckons, the couch looks lonely, or the television seems to feel neglected.  As humans, it is natural to want to engage in activities that will provide us with instant gratification, rather… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GREED

Posted in Divorce, Practice Issues

In the fall of 2011, something unprecedented happened in downtown Manhattan.  No – it was not the Naked Cowboy (this time).  It was the Occupy Wall Street Movement. What was so unusual about the Movement?  It brought regular people out in droves – all in the name of what they believed to be the insatiable… Continue Reading

WHO IS THE PETER PIPER PAPER PUSHING PRESSURE PARTY?

Posted in Divorce, Practice Issues

One of the more well known “negotiation” strategies in divorce that I have dealt with recently is the litigant who is intent on pressuring/forcing the other party into an inequitable surrender by  burying the other party in paperwork, letters, discovery requests, deficiencies, motions, subpoenas, and the like.  This strategy is often tied to the party with greater financial resources to litigate,… Continue Reading