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

Tag Archives: Mendham Divorce Attorneys

THE INAPPROPRIATENESS OF LINKING RESOLUTION OF CUSTODY TO RESOLUTION OF FINANCES

Posted in Alimony, Child Support, Custody, Practice Issues, Visitation/Parenting Time

Judges want all issues resolved but especially custody and parenting issues.  No issues are more difficult and heart wrenching to decide – especially when facing a true, bona fide custody dispute (and I am not sure that there are really many of those – but occasionally they occur.) Phote courtesy of freedigitalphotos.net The New Jersey… Continue Reading

Pre-Nup Reform is Here

Posted in Prenuptial Agreements

Back in October, I blogged about the potential amendments to the New Jersey’s Premarital Agreement Act.  As of June 27, 2013, the proposed bill is now new law. Prenuptial Agreements are meant to fix parties rights and responsibilities in advance, so as to avoid litigation and aggravation in the future.  In fact, right up front… Continue Reading

A Parent’s Sexual Conduct and Whether they Take Their Kids to Church Can Impact a Custody Determination ….. In Alabama

Posted in Custody

Every month, I get an email with entitled Case Update from the ABA Family Law section which contains blurbs from interesting decisions throughout the country.  This week, I got the December 2012 update and had to take two steps back when I read the following blurb: Trial court may, in an initial custody determination, consider a parent’s… Continue Reading

Perpetrator of Domestic Violence Cannot have the victim removed and get temporary custody of the kids, can he?

Posted in Custody, Domestic Violence, Visitation/Parenting Time

If I were to tell you that the victim of domestic violence was put out of the marital home and the abuser was granted temporary custody of the kids, you would say I was crazy.  The Appellate Division would agree and in reported (precedential) decision released on October 19, 2012 in the case of J.D. v. M.A.D.(ironically),… Continue Reading

Finally an Answer to the Question about whether the Supreme Court Guidelines Apply to Parent Coordinators appointed in Counties Outside of the Pilot Program

Posted in Custody, Practice Issues, Visitation/Parenting Time

An issue that has vexed us in the past is whether the rules enacted by the Supreme Court regarding parent coordinators were to be applied to all parent coordinators appointed by the Court.  In 2006, the New Jersey Supreme Court implemented a pilot program in four vicinages (Bergen, Morris/Sussex, Union and Middlesex) for parenting coordinators. … Continue Reading

Read Melissa Brown’s Informative Article Entitled “How to Find the Right Divorce Attorney for You”

Posted in Divorce, 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 "How to Find the Right Divorce Attorney for You."  Melissa has graciously allowed us to re-post her post.  Her… Continue Reading

If Your Agreement Has a Mediation Clause In It To Resolve Future Disputes, You Actually Have to Go to Mediation To Resolve Future Disputes

Posted in Mediation/Arbitration, Practice Issues

For whatever reason, it is not unusual for a Marital Settlement Agreement and/or Custody Agreement to have a mediation clause in it which requires parties to go to mediation before bringing an issue to the Court by way or motion.  For some issues, like enforcement, one questions the obligation to go to mediation.  Either someone… Continue Reading

Should Income Be Averaged for Alimony and Child Support Purposes When the Components That Made Up the Income Have Changed?

Posted in Alimony, Child Support, Practice Issues

It is not unusual to use a three or five year average of someones income when calculating alimony and/or child support if their income fluctuates.  Why does income fluctuate?  Sometimes people earn commissions based upon sales which vary from year to year.  Sometimes the economy or other reasons dictate how much of a bonus they get…. Continue Reading

Psychological Parents Not Entitled to Same Constitutional Protections as Biological Parents in Grandparent Visitation Dispute

Posted in Custody, Grandparent visitation

For more than a decade, we have known that biological parents have certain constitutional protections that help them defend against grandparents or other third parties seeking visitation with their children.  In fact, in New Jersey, because a fit parent has a fundamental constitutional right to autonomy in child-rearing decisions, a grandparent who seeks a visitation… Continue Reading

What Purpose Is Served By Telling Your Client What They Want to Hear (As Opposed to the Truth)?

Posted in Divorce, Practice Issues

I had a case recently where we had a conference call with the judge during which time, a discrete issue holding up resolution of a larger issue was discussed.  The judge made a suggestion which I took down verbatim and drafted language which I thought would resolve the issue. The problem, the judge’s suggestion was contrary to… Continue Reading

Is the Standard in NJ to Get Grandparent Visitation Going to Get Easier?

Posted in Grandparent visitation

As reported in the online version of the New Jersey Law Journal, in a story by David Gialanella,, state Senator Loretta Weinberg of Bergen County introduced  legislation that would lower the burden of proof for grandparents and siblings seeking visitation. In the year 2000, grandparent visitation became much more difficult to obtain as a result… Continue Reading

Can a Judge Order That a Percentage of a Bonus Be Paid As Additional Alimony

Posted in Alimony, Child Support, Practice Issues

Very often, we deal with cases where one or both parties’ incomes are variable, because they are tied to commissions, etc,. or heavily tied to a bonus which can vary.  In fact, for many people who work on Wall Street, their salary (oftentimes in the $120,000 to $150,000 per year range), makes up a small percentage… Continue Reading

Read Mark Ashton’s Interesting Post Entitled “Qualified Personal Residence Trusts: Are These Homes Subject to Claims In Equitable Distrubtion”

Posted in Equitable Distribution, Estate and Trust Issues

Mark Ashton, a partner in our Exton (Chester County, PA) office and former editor of our Pennsylvania Family Law Blog, wrote a very in depth and interesting post entitled "Qualified Personal Residence Trusts:  Are These Homes Subject to Claims in Equitable Distribution", on that blog. Mark discusses how an estate planning tool called a Qualified… Continue Reading