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

Tag Archives: Maplewood Divorce Attorneys

HOW CAN THERE BE JOINT LEGAL CUSTODY IF THE PARTIES CANNOT COOPERATE AND REFUSE TO COMMUNICATE?

Posted in Custody

Early in case where children are involved, we discuss the different types of custody.  There is residential custody – i.e. who the children live with and the resulting parenting time for the other parent. Then there is legal custody which is decision making regarding issues of the health, education, religion and general welfare of the… Continue Reading

Everything You Say Can and Will Be Used Against You in a Court of Law – Especially if you said something different in another court

Posted in Practice Issues

We have all seen and heard those familiar words in the title of this entry in moves or on TV.  This is part of the "Miranda" warning administered by a police officer when they are arresting someone.  Do these words also have a place in divorce court?  Not in the same way, but in reality they… Continue Reading

In a Long Term Marriage, Length of Marriage May Trump Age in the Alimony Calculus

Posted in Alimony

Sandra C. Fava is a contributor to the New Jersey Family Legal Blog and a member of Fox Rothschild’s Family Law Practice Group in the Roseland, New Jersey office. Sandra exclusively practices family law throughout New Jersey. She is a former law clerk in the Morris County Superior Court, Family Part and has experience in all areas of family law and family law litigation. You can reach Sandra at (973) 994-7564, or sfava@foxrothschild.com.

Husband’s Sweat Equity Awards Him Greater Share of Marital Real Estate – Is a Slippery Slope Afoot?

Posted in Equitable Distribution

In cases where a party owns a business, as justification for a disproportionate split of the business in equitable distribution, we often hear that the titled spouse has to be rewarded for their effort, ingenuity, ideas, etc. related to the business.  While arguably those things could be part of the analysis of the statutory factors,… Continue Reading

The New Year’s Resolution Divorce – Redux

Posted in Divorce

Last year I wrote the indented piece below about the "New Year’s Resolution Divorce."  We got a lot of response to that post, including it being cited elsewhere, so I thought I would re-run it. Over the years, I have noted that the number of new clients spikes a few times of the year, but most significantly right… 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

READ MARK ASHTON’S EXCELLENT POST ENTITLED “A DIVORCE NEGOTIATION PRIMER”

Posted in Divorce, Practice Issues

Mark Ashton, a partner in our Exton, Pennsylvania office, and a contributor the firm’s Pennsylvania Family Law blog, wrote an excellent post on that blog entitled "A Divorce Negotiation Primer". There are several points I would like to highlight: negotiations are confidential and cannot be introduced in court, except for very limited circumstances, but not as to the ultimate… 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

Hello Cohabitation. Goodbye Alimony.

Posted in Alimony

What happens when a dependent spouse begins living with another partner? Well, in the recent unpublished decision of Hartelust v. Hartelust the Appellate Division reviewed this question. Docket No. A-2519-08T3, decided January 12, 2010.  Plaintiff Nora Hartelust appealed from an August 1, 2008 Order that terminated Defendant Alexander Hartelust’s alimony obligation.   After twenty years of marriage… 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

THE NEW YEARS RESOLUTION DIVORCE

Posted in Divorce, Practice Issues

Over the years, I have noted that the number of new clients spikes a few times of the year, but most significantly right after the new year.  Out of curiosity, I typed "New Years Resolution Divorce" into Google and got 540,000 results in .29 seconds.  While not all of the search results were on point, many were… Continue Reading

A PARENT’S OBLIGATION TO PAY FOR POST-HIGH SCHOOL EDUCATION

Posted in Child Support

What payment obligation, if any, do divorced parents have towards their child’s post-high school education?  The New Jersey Supreme Court concluded more than 25 years ago that a child’s right to support includes a "necessary education" after high school, whether it be a vocational school or college.  However, a parent’s obligation to pay for such schooling depends… 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

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