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

Tag Archives: Essex Fells Divorce Attorneys

MOM INSULTS SON ON FACEBOOK – LOSES CUSTODY

Posted in Custody

There is never a shortage of new and interesting stories involving social media that impact upon our world of family law.  We have previously blogged about what NOT to do online, because there may be a spouse ready and willing to use such online postings, pictures and the like against you in your divorce proceeding.  Apparently the… Continue Reading

IMPUTATION OF INCOME IN THE WORLD OF ADVERTISING

Posted in Alimony, Divorce, Practice Issues

Reading the recently unpublished (not precedential) Appellate Division matter of Connaughton v. Connaughton  brought me back to my days of toiling as an account executive at an advertising agency in Manhattan. Our team often worked long hours and frequently traveled for client meetings, commercial shoots, and the like.  Advertising also was and remains notorious for forcing account and… Continue Reading

SOUR GRAPES AND A ROTTEN APPLE – WHEN RECONSIDERATION IS MORE LIKE FRUIT SALAD

Posted in Practice Issues

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Deciding Whether to Settle or Defend Yourself Against a Persistent and Financially Superior Spouse

Posted in Practice Issues

Reading and considering Eric Solotoff’s blog from earlier this week regarding the benefits of settlement, it is also critical to know when to settle and, quite frankly, whether to settle at all. This especially applies to those current or former spouses who simply cannot afford to litigate against a financially superior former spouse. This situation… Continue Reading

Another Reason to Settle – Parties can agree to things that Judge’s can’t mandate – like automatic reductions and formulas for alimony

Posted in Alimony, Modification, Practice Issues, Property Settlement Agreements

When settling a case, the parties and their lawyers can be far more creative in settlement then a judge can be if the case is tried.  While family judges have wide discretion in their decision making, creativity is crafting the most beneficial result for both parties is rarely something they can do.  In fact, in… Continue Reading

Read Melissa Brown’s Interesting Article Entitled “Jurists & Lawyers Ignorant of Social Media Can Unintentionally Harm Litigant’s and Clients”

Posted in Practice Issues

Melissa Brown, an attorney in Charleston, South Carolina, is a fellow of the American Academy of Matrimonial Lawyers and one of the preeminent family lawyers in South Carolina.  I had the occasion, last week, to read her excellent article on her blog entitled "Jurists & Lawyers Ignorant of Social Media Can Unintentionally Harm Litigant’s and Clients."  I thought that… Continue Reading

If a Tree Falls During Mediation, Can the Mediator Tell Anyone About It?

Posted in Mediation/Arbitration

Last week, Larry Cutler posted a piece on this blog entitled "Are Mediation Proceedings Really Sacred and Secret?"  The inspiration for this post was a recent published Appellate Division case Willingboro Mall, Ltd. V. 240/242 Franklin Avenue, L.L.C.., a case in which a mediator actually filed a certification and testified.  That, however, is the exception but not the rule. … Continue Reading

I THINK MY EX IS COHABITATING- NOW WHAT?

Posted in Alimony

If you have been through the process of divorce and have a spousal support obligation to your ex, you should have been advised that aside from explicitly stating an end date for your spousal support obligation, there are few ways to end the payments.  Death is certainly one of them.  If your ex remarries that… Continue Reading

Tax Treatment of Excessive Perks and Personal Expenses for Business Valuation Purposes

Posted in Equitable Distribution

I recently blogged on the issue of how to treat unreported income, perks and other personal expenses paid through the business and the treatment of same for support purposes.  As noted in that post, the issue comes up both for support and business valuation purposes.  In order to value a business, the experts come up with… Continue Reading

Matrimonial Arbitration is on Its Way

Posted in Mediation/Arbitration

          Matrimonial Arbitration is a form of alternate dispute resolution (ADR). ADR seeks to resolve disputes utilizing a facilitator or tribunal who is not a judge. Sometimes, cases are submitted to ADR without a court action even being filed, in which case, it operates outside of the system and wholly on its own. When the parties resort to… Continue Reading

Appellate Division Holds that Trial Court Cannot Cap a Party’s Counsel Fees

Posted in Counsel Fee Awards, Practice Issues

Can a trial court tell a litigant is a divorce that they don’t have to pay their lawyer more than a capped amount.?  On November 30, 2010, the Appellate Division in the unreported case entitled McClutchy v. McClutchy answered this question no. In this case, what apparently was a hotly contested matter that went to trial,… Continue Reading

VETERAN’S DISABILITY PENSION AND SOCIAL SECURITY DEEMED INCOME FOR PURPOSES OF DETERMINING ALIMONY

Posted in Alimony, Modification

In an unreported (non-precedential) decision in the case of Brown v. Brown  released on May 25, 2010, the Appellate Division determined that veterans disability benefits and social security benefits are income for purposes of determining alimony.  In this appeal of an Order that granted some alimony reduction but not as much as the former husband sought, the facts are… Continue Reading

COLLABORATIVE DIVORCE: PANACEA OR RECIPE FOR DISASTER

Posted in Practice Issues

Previously we blogged on alternate dispute resolution methods ("ADR") such as mediation and arbitration. "Collaborative Divorce" is another ADR method. "Collaborative Divorce" is defined as  a form of alternative dispute resolution for divorcing couples where a  team approach is used to reach a settlement. Both parties to the divorce are supported by their lawyers; however, they… Continue Reading

SUPREME COURT AFFIRMS KAY DECISION – ESTATE OF LITIGANT WHO DIES DURING DIVORCE CAN MAKE EQUITABLE CLAIMS

Posted in Equitable Distribution, Practice Issues

Previously, I blogged on the Appellate Division’s reported (precedential) decision in Kay v. Kay.  The New Jersey Supreme Court granted Certification and the decision was rendered on January 6, 2010.  In a per curiam decision (i.e. no one specific Supreme Court Justice authored the opinion), the Appellate Division decision was affirmed for substantially the reasons set forth… Continue Reading