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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Divorce

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One Family, One Judge? Perhaps Not in the Context of an Act of Domestic Violence

Posted in Divorce, Domestic Violence, Practice Issues

We’ve all heard the maxim “One Family, One Judge” in the context of matrimonial matters. The underlying premise is that one judge in the Family Part should hear the entire case because that judge is intimately familiar with the facts of the case, has observed the parties and their demeanors and perhaps has made credibility… Continue Reading

War of the Resolutions: A Cautionary Tale

Posted in Divorce, Practice Issues

Yesterday, Eric Solotoff blogged about the phenomenon of the New Years Resolution Divorce.  It happens.  I encourage you to read that post prior to the one below because it provides some useful background on the issue: It’s the New Year. A time filled with resolutions, promises to change, and commitments to begin anew.  Your marriage… Continue Reading

“Conscious Uncoupling”: An Ode to a Mediated Divorce

Posted in Alimony, Child Support, Custody, Divorce, Equitable Distribution, Mediation/Arbitration, Practice Issues, Privacy and Confidentiality, Property Settlement Agreements

As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce.  Although the term had been originally… Continue Reading

APPELLATE DIVISION ADDRESSES RETIREMENT APPLICATION UNDER AMENDED ALIMONY LAW

Posted in Alimony, Divorce, Modification

Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective on September 10, 2014.  On November 6, 2015, the Court released an unpublished (not precedential) decision in Court v. Court, wherein the trial court’s order… Continue Reading

THE NEW YORK TIMES PRESENTS A “PORTRAIT OF THE MODERN FAMILY”

Posted in Custody, Divorce

I was recently reading a New York Times article from early November entitled “Stressed, Tired, Rushed:  A Portrait of the Modern Family”, and couldn’t help but see the commonalities between today’s modern family and the ever-changing issues raised in divorce. The author, Claire Cain Miller, citing from a new Pew Research Center Study, conveyed to readers what… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

HALLOWEEN FAMILY LAW HORROR STORIES

Posted in Divorce, Practice Issues

Michael Myers’ favorite day of the year is upon us!  Halloween is here and for New Jersey kids that means trick or treating, trunk or treating (a very Jerseyish-type deviation), mischief night (lock up your eggs, shaving cream and toilet paper), costumes, scary stories, horror movies and more.  For me, it provides the perfect opportunity to… Continue Reading

New York Focus – The Exclusive Use and Occupancy of the Marital Residence, Pendente Lite

Posted in Custody, Divorce, Domestic Violence, Equitable Distribution

While our blog has focused exclusively on New Jersey family law since its inception almost 8 years ago (yes, it has been that long), we also focus our practice on New York family law.  We do not (yet) have a Fox New York-specific family law blog, so this blog will serve as a testing ground and… Continue Reading

Melancholy and the Infinite Sadness – Letting Your Emotions Cloud Your Judgment in Your Divorce

Posted in Divorce, Practice Issues

A recent client meeting reminded me of the iconic Smashing Pumpkins album – Melancholy and the Infinite Sadness.  In this meeting, you could just tell that the sadness and whatever other emotions the client was feeling, was clouding her thought processes and causing her to make bad if not self-destructive decisions. This is not an… Continue Reading

Back to School – Let’s Get Divorced

Posted in Divorce, Practice Issues

Every year, I blog about the New Year’s Resolution Divorce.  This phenomena, both anecdotally and statistically proven, is a good explanation for the spike in divorce filings after the beginning of the New Year.  Some articles have attributed it to a feeling of  “new year, new life”. Others have attributed it to a desire to turn over a… Continue Reading

MEDDLESOME FAMILY MEMBERS AND THEIR ATTORNEYS SANCTIONED FOR INTERFERING WITH SON’S DIVORCE

Posted in Divorce, Practice Issues

Everyone knows that divorce and custody matters can be emotionally charged proceedings that tear away at the very fabric of a particular family.  Many of these cases, as family law practitioners know well, also involve family members who are willing to do whatever it takes to fight for and protect the interests of a divorcing son, daughter,… Continue Reading

THERE ARE RULES IN THE FAMILY PART? WHAT YOU TALKIN’ ABOUT WILLIS?

Posted in Divorce, Practice Issues

Oftentimes, and with good reason, attorneys proclaim that family law litigation is akin to litigating in the proverbial “wild west”, where anything goes and rules mean little more to practicing attorneys than the paper on which they are written.  This appears to be even more so in the “non-dissolution” part (non-married couples embroiled in custody… Continue Reading

BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

As a matter of public policy, New Jersey Courts favor the enforcement of agreements reached between parties. Since Marital Settlement Agreements (“MSA”) are entered into consensually and voluntarily, they are often approached with a predisposition in favor of their validity and enforceability.  That notwithstanding, these agreements are enforceable only if they are fair and equitable.… Continue Reading

Marry Her Anyway? No Matter What They Say? Well, It May End In Annulment Anyway

Posted in Civil Unions and Domestic Partnerships, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Romeo and Juliet, Sir Lancelot and Guinevere, Katniss Everdeen and Peeta Mellark – for some of these star-crossed lovers, their journeys ended with hemlock, in exile, or…well…no spoilers.  For Easton and Mercer, their romance ended with an annulment on the grounds of equitable fraud in a lengthy decision delivered by Judge Jones in Ocean County… Continue Reading

I is for Independence: The divorce is over and so now what?

Posted in Divorce, Equitable Distribution, Estate and Trust Issues, Other

You’re at the Courthouse and your attorney has handed you for your final divorce documents.  It may be as a result of a negotiated settlement, or it may be as the result of a judge’s decision, but you are a single, independent person again.   But the end of the divorce is not exactly there yet.… Continue Reading