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

Category Archives: Other

Subscribe to Other RSS Feed

CHANGING YOUR NAME POST DIVORCE

Posted in Divorce, Modification, Other

In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons why to or not to change from… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

Should you Change Your Attorney Mid-Stream?

Posted in Divorce, Equitable Distribution, Other, Practice Issues, Privacy and Confidentiality

Yesterday, I met with a potential client who was considering changing attorneys in the middle of a divorce.  Although dissatisfied with the present counsel, the  potential client expressed concerns that the judge might have a negative opinion if there was a change mid-stream. The lawyer client relationship is tough in many aspects. You have a… Continue Reading

TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT – EASY, RIGHT? WRONG.

Posted in Alimony, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Divorce, Interspousal Agreements, Modification, Other, Property Settlement Agreements

Recently I lost a dear client and friend, Bill*, after his long battle with brain cancer.  Bill was a man with a kind-hearted spirit and a gentle disposition – one of those “really nice guys” that you just wanted to bend over backwards to help. While Bill was fortunate enough to spend his last days… Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

Want Your Day In Court? Think Twice.

Posted in Alimony, Child Support, Divorce, Equitable Distribution, Other

Divorce filings seem to be at an all-time high and, to no surprise, the trial courts are feeling the pressure.  Documents filed with the court can get lost in the shuffle.  Although motions should be addressed within 24 days from the initial filing date, it can take months until the court actually makes a decision.  By then,… Continue Reading

WHAT’S IN A NAME ANYWAY?

Posted in Other

How does one change their name, or that of a child, in the State of New Jersey?  Well, as set forth in the recently unpublished (not precedential) Appellate Division decision, Henao v. Tibbrine, there’s a law for that, which requires an applicant seeking a name change to file a verified Complaint in the Superior Court, with… Continue Reading

More on when a settlement is a Settlement

Posted in Interspousal Agreements, Other, Practice Issues

A recent case in which one party sought to enforce a purported settlement demonstrates the difficulties that arise when there is no signed agreement. In the unreported ( non-precedential) case of Galdo v. Hagarty, the parties were both represented by counsel during a dispute about the payment of child support and college expenses for one of… Continue Reading

SUPREME COURT RULES ON NEW JERSEY’S KINSHIP LEGAL GUARDIANSHIP ACT

Posted in Adoption, Other

The Supreme Court of New Jersey’s recent decision in New Jersey Division of Youth and Family Services v. L.L., provides a good opportunity to review New Jersey’s Kinship Legal Guardianship Act. The Act is designed to address the needs of children and caregivers in long-term “kinship” relationships, placing those children who cannot safely reside with their parents… Continue Reading

Strings attached to the Engagement Ring?…The Wedding is OFF!

Posted in Other

I have heard many beautiful stories about how people became engaged. Some people “pop the question” after a romantic dinner. Some do it during a romantic getaway. Some are very creative and have proposed at baseball games, on television, using banners being tugged from an airplane, on top of a mountain, etc. Clearly, those moments are very emotional and… Continue Reading

DEBT FORGIVENESS: WATCH OUT FOR THE TAX CONSEQUENCES

Posted in Other

In light of the current economic crises plaguing our country, your home may be on the brink of foreclosure, or will be sold by way of a short sale. You may also have staggering credit card debt. Therefore, when entering into a property settlement agreement that involves debt forgiveness (i.e. foreclosure, short sale, and reduction… Continue Reading

THE FILING OF TAX RETURNS DURING A DIVORCE

Posted in Other

More often than not, a matrimonial law attorney is not a C.P.A.  More often than not during the process of a case, a client will ask the advice of their attorney, "How should I/we file tax returns this year?"  The answer is and should be first and foremost a reference to a C.P.A.  A qualified… Continue Reading

INTEREST- PENALTY OR RIGHT BY CONTRACT?

Posted in Other

Oftentimes clients will ask once an Order or Judgment of Divorce is entered, what happens if he/she does not comply with its terms? The bitter and harsh truth is that an Order or Judgment is a piece of paper that is enforceable by the Court. So what does that mean exactly? Well, in simplest terms,… Continue Reading

WHO PAYS THE COUNSEL FEES?

Posted in Other

If you’ve ever been involved in any type of litigation you are probably aware of how expensive the process can be.  Attorneys bill for their time.  In addition there are the copying costs, facsimiles, postage, etc.   When experts are involved those fees must also be accounted for. When a  trial is involved the fees can quickly… Continue Reading

APPELLATE DIVISION FINDS THAT TRIAL JUDGE SHOULD HAVE GRANTED MOTION TO RECUSE HIMSELF BASED ON PRIOR RELATIONSHIP AND LITIGATION WITH PARTY’S ATTORNEY

Posted in Other

A difficult question often faced by litigants is whether a trial judge is deciding his or her case with a fair and unbiased eye.  Should a litigant feel that they are not getting a fair shake, the party can file a motion for recusal of the trial judge.  R. 1:12-2 of the New Jersey Rules of Court, however,… Continue Reading

Getting Divorced and Where to Start

Posted in Divorce, Other

 Now that you have made the determination that you want to proceed with a divorce, you wonder what is/are the next steps. The following is a summary of the Procedural Steps in a Divorce Litigation and a summary of substantive issues that may be addressed in the divorce proceedings.   Procedural Steps for Divorce Litigation in… Continue Reading

NAMING A CHILD- PART TWO

Posted in Other

Previously, I blogged on an individual’s right and the implications that may arise out of that right to name a child of their own. This issue arose again in the April 2, 2009 unpublished Appellate Division decision of A.K. v. D.O., A-4326-07T1. Parents A.K. and D.O. were not married. Plaintiff A.K. filed a motion in 2007 seeking… Continue Reading