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

Tag Archives: Morristown Divorce Attorneys

APPELLATE DIVISION ANALYZES WHAT IT MEANS TO “ABANDON” A CHILD “BY WILLFULLY FORSAKING” HIM

Posted in Child Support, Custody, Estate and Trust Issues, Visitation/Parenting Time

Family law and estate law are undoubtedly two very personal areas of the law that often cross-over with one another depending on the issues at hand.  In the Matter of the Estate of Michael D. Fisher, II presents us with one of the more tragic factual scenarios where the two worlds intertwine. These are the facts that you… Continue Reading

APPELLATE DIVISION ADDRESSES RETIREMENT APPLICATION UNDER AMENDED ALIMONY LAW

Posted in Alimony, Divorce, Modification

Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective on September 10, 2014.  On November 6, 2015, the Court released an unpublished (not precedential) decision in Court v. Court, wherein the trial court’s order… Continue Reading

THE NEW YORK TIMES PRESENTS A “PORTRAIT OF THE MODERN FAMILY”

Posted in Custody, Divorce

I was recently reading a New York Times article from early November entitled “Stressed, Tired, Rushed:  A Portrait of the Modern Family”, and couldn’t help but see the commonalities between today’s modern family and the ever-changing issues raised in divorce. The author, Claire Cain Miller, citing from a new Pew Research Center Study, conveyed to readers what… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

AVAILABLE REMEDIES WHEN A PARENT VIOLATES A CUSTODY OR PARENTING TIME ORDER

Posted in Custody, Visitation/Parenting Time

Clients with children often ask what can a court do if the other parent violates an existing custody or parenting time order.  The level of emotion and concern raised by such violations can be overwhelming and, oftentimes, victimized parents do not know what to do or where to turn.  Just a few of the issues and questions may be:… Continue Reading

Melancholy and the Infinite Sadness – Letting Your Emotions Cloud Your Judgment in Your Divorce

Posted in Divorce, Practice Issues

A recent client meeting reminded me of the iconic Smashing Pumpkins album – Melancholy and the Infinite Sadness.  In this meeting, you could just tell that the sadness and whatever other emotions the client was feeling, was clouding her thought processes and causing her to make bad if not self-destructive decisions. This is not an… Continue Reading

THE PRESUMPTION OF CUSTODY IN A DOMESTIC VIOLENCE CASE IS NOT DETERMINATIVE IN A CUSTODY CASE

Posted in Custody, Domestic Violence, Visitation/Parenting Time

In the domestic violence statute, there is a presumption that the abused should get custody.  In the custody statute, the prior history of domestic violence is simply one of the many factors that a court must consider.  There really has not been a reported case that addresses the confluence of these two statutes until July… Continue Reading

CHANGING YOUR NAME POST DIVORCE

Posted in Divorce, Modification, Other

In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons why to or not to change from… Continue Reading

STERN REVISITED – USING THE SHAREHOLDER AGREEMENT TO DETERMINE VALUE

Posted in Equitable Distribution, Practice Issues

Inevitably, when there is a business to value as part of a divorce, the valuation experts will ask for buy/sell and/or shareholders agreements.  I often wonder why because quite often, you really don’t see much discussion about these agreements in the valuation reports.  Moroever, since Brown v. Brown changed the landscape, did away with discounts… Continue Reading

USE OF MEDIATION AS A STRATEGY

Posted in Mediation/Arbitration, Practice Issues

We have heard over and over that settlement ranks high in the public policy of this state and know from experience how the system is geared toward settlement.  In particular, there is mandatory custody mediation, mandatory Early Settlement Panels (MESP), mandatory economic mediation, Blue Ribbon Settlement Panels, intensive settlement conferences (ISPs or ISCs depending on the county) and the like.  With all of… Continue Reading

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

GRANDPARENT VISITATION STANDARD AFFIRMED BY APPELLATE COURT

Posted in Grandparent Visitation

 An interesting part of the practice of family law are the rare issues; the one that may not walk through the door every day.  Grandparent visitation cases oftentimes fit into this category.  They nearly always prove interesting, regardless of whether you represent the grandparent(s) or the parent(s), and they can quickly become complex and difficult… Continue Reading