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

Tag Archives: Fairfield Divorce Attorneys

DO YOU KNOW THE LAW BEHIND YOUR OWN CASE?

Posted in Practice Issues

Recently I posted about questioning whether your own attorney knows what he is doing and, as part of that question, whether the attorney knows the law surrounding your divorce or related family law matter.  A related question worth discussion is whether you know and understand the law and how it impacts your case. With busy… Continue Reading

THE USE OF MODERN TECHNOLOGY AS A FORM OF DOMESTIC VIOLENCE – THE APPELLATE DIVISION WEIGHS IN

Posted in Domestic Violence

The times, they are a’changing – at least when it comes to how the judicial system approaches harassment as an act of domestic violence in light of advanced technology used for communication.  In the newly reported (precedential) Appellate Division decision of L.M.F. v. J.A.F., Jr., the Court addressed the use of electronic communications, specifically text… Continue Reading

WHAT IS AN ANTI-LEPIS CLAUSE AND CAN IT BE MODIFIED?

Posted in Alimony

When parties resolve their divorce via a settlement agreement, can they agree that neither party will seek to modify the agreed upon terms of alimony and child support?  In New Jersey, a court may generally modify a support obligation at any point in time to achieve equity inherent in this State’s alimony law.  For instance,… Continue Reading

NEW APPELLATE DIVISION DECISION REGARDING PARENTING COORDINATOR GRIEVANCES AND FEES

Posted in Counsel Fee Awards, Custody, Mediation/Arbitration, Visitation/Parenting Time

Following on the heels of Eric Solotoff’s recent blog entry addressing the use of parenting coordinators, a new published (precedential) decision from the Appellate Division talks about grievances against parenting coordinators, parenting coordinator fees, and the need for a plenary hearing to address such issues.  In Segal v. Lynch, the Appellate Division addressed these issues in… Continue Reading

FEARS OF A SUPPORTED SPOUSE – MAINTAINING THE “STATUS QUO” DURING A DIVORCE PROCEEDING

Posted in Alimony

Perhaps its the stress of family life during the holiday season, but many clients of late have claimed that the supporting spouse has stopped supporting the family as he did during the marriage.  The reasons are varied, but often of the same cloth – i.e., the payor spouse claims that he is now earning less money than before, the payor… Continue Reading

DIVISION OF RETIREMENT ASSETS – WHAT IS FAIR AND EQUITABLE?

Posted in Equitable Distribution

Throughout the course of this blog’s existence in the family law blogosphere, we have cautioned and advised on the pitfalls of failing to timely divide retirement assets.  An entry addressing this issue dating back almost two years can be found here, only showing how this important issue is one that divorcing parties often do not consider, but… Continue Reading

A BUSY WEEK FOR CHANGED CIRCUMSTANCES CONTINUES

Posted in Alimony

Following on the heels of an earlier blog entry this week addressing "alimony escalators" in the context of proving a change in circumstances meriting a decreased alimony obligation, a new unreported (not precedential) decision from the Appellate Division in the matter of Eick v. Eick, found that the husband had fulfilled his initial "changed circumstances" burden meriting… Continue Reading

CALIFORNIA’S “PROP 8″ STRUCK DOWN BY FEDERAL COURT

Posted in Civil Unions and Domestic Partnerships

In what could be the precursor to a long-awaited battle before the United States Supreme Court, a federal court in California today struck down as unconstitutional the controversial, voter-approved "Proposition 8" law banning same sex marriage.  Analysts of the 136-page opinion have suggested that it is so carefully and thoughtfully drafted that the Highest Court in the Land… Continue Reading

BEYOND STATE LINES – THE EXPANSIVE REACH OF THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Domestic Violence

We have previously blogged about the broad protections attached to the New Jersey Prevention of Domestic Violence Act.  However, can a victim alleging domestic violence only having occurred in another State come into New Jersey and seek the Act’s protections?  The short answer is – yes.  The question essentially becomes one of jurisdiction – do… Continue Reading

CHILD CUSTODY, ALIMONY & PRO SE LITIGANTS

Posted in Alimony, Custody, Divorce

The old adage is that “He who represents himself has a fool for a client.” Family law by nature is an emotional area of the law – custody, alimony, equitable distribution, visitation, child support – these things impact peoples’ lives. As a result, when a party disagrees with the decision by the trial court, they have the… Continue Reading

Due Process vs. Final Restraining Order

Posted in Domestic Violence

The Prevention of Domestic Violence Act, NJSA 2C:25-17 to 35, is the law that governs domestic violence issues in New Jersey, including the issuance of Temporary Restraining Orders (“TROs”) and Final Restraining Orders (“FROs”). The Prevention of Domestic Violence Act was enacted to protect victims of domestic violence. Unfortunately, some individuals abuse the protections offered by the… Continue Reading

GOLDMAN SAGA CONTINUES

Posted in Custody

One would have hoped that Sean Goldman’s return to the United States with father David Goldman would have been the end of this years-long international saga.  Sadly, however, that may not be the case.  News reports yesterday indicated that 9-year old Sean’s Brazilian family will fight to regain "custody" of Sean, which is interesting since the family’s actions and… Continue Reading

SEAN GOLDMAN’S RETURN TO U.S. CLEARED BY BRAZIL’S SUPREME COURT

Posted in Custody

In the latest development in the ongoing international custody saga that has garnered the world’s attention and involvement from the Obama Administration, the Brazilian Supreme Court has ordered the return of 9-year old Sean Goldman to the United States.  The Court specifically concluded that the child was to be given a say in whether he stays or returns to the United… Continue Reading

MODIFICATION OF CHILD SUPPORT- WHEN TO FILE

Posted in Child Support

Under New Jersey law, a party of a divorce can seek modification of an order for child support or alimony if there is a “change of circumstance” that affects the income or earning ability of one of the parties.  Lepis v. Lepis, 83 N.J. 139 (1980).  This proposition is one of the most common reasons… Continue Reading

Modifying a Custody and Parenting Time Agreement

Posted in Custody, Modification, Visitation/Parenting Time

During the course of a litigation where children are involved, the parties will often come to an agreement as to custody and parenting time.  By settling on this understandably emotional issue, the parties avoid having to go to trial, where the trial judge would have decided for them who has custody and what the parenting time schedule… Continue Reading

Will California Ban Divorce? Will New Jersey ban Same -Sex Civil Unions?

Posted in Civil Unions and Domestic Partnerships, Divorce

If a California web designer gets his way – Til death do us part? – will mean just that. John Marcotte, who runs the comedy website Badmouth.net, is attempting to put a measure on next year’s ballot that will ban divorce in California. The effort is meant to be satirical. The thought process behind the idea is that… Continue Reading

THE ROLE OF HEALTH INSURANCE IN DIVORCE

Posted in Alimony

Health care reform has been a hot topic as of late, as many Americans passionately debate the merits of the drastic changes being proposed by our current President and where we as a country will ultimately end up on this issue.  With that in mind and on the heels of last night’s presidential speech on… Continue Reading