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

Tag Archives: Essex County Divorce Attorneys

TRIAL COURT FOUND TO HAVE DENIED DUE PROCESS RIGHTS TO PRO SE LITIGANT IN DOMESTIC VIOLENCE MATTER

Posted in Domestic Violence, Practice Issues

Law is never easy.  Practicing law can be even less so.  How about going it on your own without an attorney?  Not everyone may know that a “pro se” litigant acting on his or her own behalf is expected to know all of the rules and law that apply to their given case.  However, going through the process… Continue Reading

WHO’S YOUR DADDY?

Posted in child support, Paternity

In a recent case, Passaic County Board of Social Services on Behalf of T.M. v. A.S., the New Jersey Family Court encountered a unique set of facts.  A mother of two twin girls sought to establish the paternity of her daughters in order that the father would be obligated to commence paying child support.  She… 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

APPELLATE DIVISION ADDRESSES INCLUSION OF EXTRACURRICULAR ACTIVITIES IN CHILD SUPPORT

Posted in child support

Many divorce or support proceedings involve the issue of who is going to pay for extracurricular activities.  Who is paying for sports?  Band?  Social clubs?  Art?  Drama and more? While settlement agreements commonly have a separate payment allocation for such expenses from the basic child support obligation – commonly in proportion to the parties’ respective incomes,… Continue Reading

CUSTODY WITH PSYCHOLOGICAL PARENT DEEMED IN CHILD’S BEST INTERESTS OVER FIT BIOLOGICAL PARENT

Posted in Custody, Grandparent Visitation

Custody disputes are often an emotionally trying process where litigants are advocating for what they deem to be in the best interests of the child caught in the middle.  Even with the opinion of a custodial expert and months, if not years of litigation, the decision is a difficult one for a trial judge to make. A… Continue Reading

THE PERILS OF NEGOTIATING THE EQUITABLE DISTRIBUTION OF A PENSION

Posted in equitable distribution, Interspousal Agreements

As matrimonial lawyers, we often come across cases involving a pension that is subject to equitable distribution.  While New Jersey’s equitable distribution statute involves several factors for consideration in dividing assets, the most common way by which a pension is divided is, in legal speak, “50/50 of the marital portion.”  On its face, that seems… Continue Reading

SUPREME COURT TO ISSUE DEFINITIVE RULING ON SAME-SEX MARRIAGE

Posted in Civil Unions and Domestic Partnerships, Cohabitants' Rights

Following its landmark 2013 decision striking down part of the Defense of Marriage Act as unconstitutional, the Supreme Court earlier today decided to take on what will likely be the definitive ruling on the issue of same-sex marriage.  By addressing the state-by-state divide on same-sex marriage, the Court will determine whether a state-imposed ban on same-sex marriage is… Continue Reading

Does Sole Custody Still Exist?

Posted in Custody

Sole custody is kind of like Big Foot or the Loch Ness Monster – everyone has heard of it but few have actually seen it.  Clients tell me all of the time that they want sole custody – either because that is what they believe they should have, or because they have justified it based… Continue Reading

PALIMONY REVIVED – NOT SO FAST – PART 2

Posted in Palimony

Regular readers of this blog know that we were involved in the landmark palimony case, Maeker v. Ross, which was recently decided by the New Jersey Supreme Court.  We previously blogged about our win in the Appellate Division. Unfortunately, the Supreme Court reversed, holding that the Legislature could not have intended for the statute to apply… Continue Reading

WEALTH IN DIVORCE AND ITS IMPACT ON CHILDREN

Posted in Custody, Divorce, Visitation/Parenting Time

An article today on Time’s website discussed the findings of a study comparing the behavioral trends of children of divorce from wealthy and lower income families.   The study, which was conducted by researchers at Georgetown University and the University of Chicago, divided a sample of approximately 4,000 children into three groups by income.  Interestingly,… Continue Reading

Divorce Hotel – Paradise or Paradise Lost?

Posted in Divorce, Mediation/Arbitration, Practice Issues

Some concepts never cease to amaze, especially when reality television is involved.  Promising an idyllic setting for a “quickie” divorce, the Gideon Putnam Resort in Saratoga Springs, New York, is welcoming couples who want to end their marriage while surrounded by golf courses, swimming pools, hiking trails and spa treatments.  While one can appreciate the… Continue Reading