Header graphic for print
NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Divorce

Subscribe to Divorce RSS Feed

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


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


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


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, Uncategorized

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

Imputing Income for Interim Support at the Beginning of a Divorce

Posted in alimony, child support, Divorce

The issue of interim support payments comes up in almost every divorce matter.  The law requires that the so-called “status quo” that existed during the marriage be maintained to the extent possible, but what does that even mean when there may now be two households to support, litigation expenses, and other costs that were never… Continue Reading

H is for HIPAA

Posted in alimony, child support, Cohabitants' Rights, Custody, Divorce, Domestic Violence

Health care information (including mental health information) can be very  important in a family law case in many ways and for many different reasons. In custody matters, the fitness of each parent is front and center of the case.  Often times, a parent’s medical and mental health history will be relevant to the issues that… Continue Reading

G is for Gift ( including gifts from Grandparents)

Posted in Divorce, equitable distribution, Estate and Trust Issues, Uncategorized

“What happens to gifts that were received during our marriage” is a question that is often asked early on in a divorce case. The answer can be as varied as the type of gift, from whom it was received as well as to whom the gift was given. Under New Jersey’s equitable distribution statute, “all… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations

Posted in Divorce, Privacy and Confidentiality

My colleagues Michael Kline and Elizabeth Litten recently co-wrote a series of blog posts for the firm’s HIPAA, HITECH and HIT blog containing valuable information for individuals either undergoing divorce proceedings or navigating other domestic relations issues. In their series, Michael and Elizabeth explore complex issues arising from the November 2014 ruling by the Connecticut… Continue Reading


Posted in Custody, Divorce, Mediation/Arbitration

At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise.  This is what most litigants want, right?  Avoid the fighting, along with the associated time and expense – sounds great.  So what does psychology have to do with the mediation process?  Well, it can truly mean a… Continue Reading


Posted in Custody, Divorce

You know you are intrigued by the title of the blog, but what does it really mean?  I was in a recent mediation session in a divorce matter when the mediator referred to the child as his “client”.  What he meant was that the child’s interests and well-being were his primary concern above all else, but the… Continue Reading


Posted in alimony, Divorce, equitable distribution, Practice Issues

When meeting with a new client whose spouse has cheated on them, the anger, sadness, sense of loss and betrayal is often palpable.  They are quite often resolute that they can never get over their spouse’s indiscretion (though referring to it as an indiscretion seems to minimize it from the victim’s perspective), and proceeding to… Continue Reading


Posted in Divorce

Last week, I posted my annual piece on the New Year’s resolution divorce, which is always one of our most popular posts.  Perhaps due to this phenomena, or perhaps due to pure coincidence, in the last two weeks, the papers have been filling with stories of celebrities that are divorcing, Chris Rock, Slash, Giada DeLaurentis,… Continue Reading

New Years Resolutions: How to Be a Good Divorce Client

Posted in alimony, child support, Divorce, equitable distribution, Interspousal Agreements

In the spirit of New Years resolutions, I thought I would give my top 10 resolutions on how to be a good divorce client. 1.         Give me the information I am asking for in a timely manner.  I realize your time is valuable. I realize that it takes a significant amount of time to compile… Continue Reading