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

Tag Archives: Millburn Divorce Attorneys

YOU MAY BE WEALTHY, BUT IT MAY BE HARD TO PAY THE EQUITABLE DISTRIBUTION

Posted in Equitable Distribution, Practice Issues

You’re wealthy and entitled to a big settlement but does that mean that it will be easy to get your share of equitable distribution?  When all of the assets are valued, you are worth $2,000,000, $10,000,000, $25,000,000, $9 billion.  In many cases. the issue is less about the amount of the award of equitable distribution… Continue Reading

THE PARTY, NOT THEIR LAWYER, IS SUPPOSED TO CO-PARENT WITH THEIR SPOUSE OR FORMER SPOUSE

Posted in Custody, Practice Issues, Visitation/Parenting Time

As Supreme Court Justice Potter Stewart said when discussing his threshhold for determining obscenity/pornography, “I know it when I see it, ” that is how I feel about emails regarding routine or what should be routine parenting issues that have been drafted not by one party, but by their lawyer.  The pretextual  blathering or legalese that… Continue Reading

I HAVE A DOCTOR’S NOTE, THE DOG ATE MY HOMEWORK AND OTHER EXCUSES TO DELAY TRIAL

Posted in Practice Issues

Sometimes litigants don’t want to settle but they don’t want to appear at a deposition or appear for trial.  Sometimes lawyers aren’t prepared, are afraid of trying a case or have other reasons that they don’t want to appear, either.  Like teachers who have heard the “dog ate my homework” excuse one too many times,… Continue Reading

HOW IS MARITAL LIFESTYLE DEFINED – DOES GNALL HELP WITH THE ANSWER?

Posted in Alimony, Child Support, Practice Issues

Yesterday, I blogged on the Gnall case for the proposition that it appears to say that a 15 year marriage automatically merits permanent alimony.  There were other interesting issues in Gnall too.  Particularly interesting was the discussion of marital lifestyle.  This issue is often vexing, and while there is a lot of discussion regarding marital… Continue Reading

WHAT TO DO WHEN ONE PARENT CONCEALS A DESIRE TO RELOCATE UNTIL AFTER CUSTODY IS RESOLVED

Posted in Custody, Modification, Visitation/Parenting Time

Picture this - you just settled the issues of custody and parenting time with your former spouse, and now she suddenly wants to move with the kids to another state, or to the complete opposite side of New Jersey (for those living in North Jersey, the trip down to South Jersey can take far longer than… Continue Reading

More Considerations Regarding Life Insurance as Part of a Settlement

Posted in Alimony, Child Support, Practice Issues, Property Settlement Agreements

Last week, Jennifer Millner authorized a post  entitled “Don’t Forget to Check your Life Insurance!” on this blog.  Two weeks ago, I posted a blog about the seminar that I recently participated in regarding the top “financial mistakes”, focusing on possible overlooked considerations regarding the marital home.  At that seminar, I raised some additional points regarding life insurance that… Continue Reading

You Know You Are Getting To the Good Part of a Deposition When the Adversary Starts Obstructing the Deposition

Posted in Divorce, Practice Issues, Uncategorized

Back in the day, depositions could be wild shootouts, with numerous objections and arguments littering the record.  Many years ago, New Jersey, as did many other jurisdictions amended the court rules to limit the games and objections at a deposition.  Now, you really cannot object, at all, other than for form and privilege.  In fact, though… Continue Reading

FATHER’S DAY AND THE INCREASING ROLE OF DAD AS CARETAKER

Posted in Custody

With an increase in the number of working moms, stay-at-home dads, and more parents seeking a greater “work/life” balance, it is no surprise that the traditional parenting roles to which we have become accustomed continue to evolve.  This sentiment was echoed in a cover story featured in yesterday’s Father’s Day edition of the New Jersey Star… Continue Reading

A CHILD’S RELIGIOUS UPBRINGING – CHOOSE, BUT CHOOSE WISELY

Posted in Custody

Religion is always a delicate subject, whether being discussed between family or friends, in politics or at the dinner table, and the like.  This especially holds true in the area of family law.  Decisions regarding a child’s religious upbringing including, but not limited to, the choice of religion, exposing the child to a different religion, converting to… Continue Reading

Is Alimony Reform On Its Way in New Jersey

Posted in Alimony

There has been an alimony reform movement that has been gaining traction throughout the country.  Some of the major concerns appear to be this issue of permanent alimony and the lack of uniformity in alimony awards, both in amount and duration, from case to case.  In the recent past, alimony laws have been reformed in… Continue Reading

Coerced Prenuptial Agreement Set Aside

Posted in Prenuptial Agreements

How many prenuptial agreements have language in them that the parties are entering into the agreement free from duress, coercion, undue influence, etc?  The answer is all of them.  Some even ask people to waive fraud – how you can do that I don’t know because if you knew you were being defrauded, you probably wouldn’t… Continue Reading

Alimony – Back to Basics

Posted in Alimony, Practice Issues

We have done dozens of posts on this blog about alimony over the last 5 years.  Recent experiences have convinced me that it is time to get basics. Despite all of the cases that say that you can’t use a formula (the rule of thumb we have discussed previously on this blog), more and more,… Continue Reading

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

Parental Alienation Syndrome Will Not Be Included In the DSM 5

Posted in Custody, Visitation/Parenting Time

Back in 2009, we blogged about the possible inclusion of Parental Alienation Syndrome in the long awaited next version of the Diagnostic and Statistical Manual of Mental Disorders (DSM).  In that post, I discussed a US News and World Report article that addressed a movement afoot to add "parental alienation" to the next addition of the DSM (ie. Diagnostic… 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