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

Tag Archives: Roseland Divorce Attorneys

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

DO NOT BE THAT DIVORCE LITIGANT

Posted in Practice Issues

There are always going to be those divorce litigants that, no matter what we say or do as the divorce lawyer, he or she is going to do what they want.  Legal advice, no matter how costly, falls on deaf ears, only leading to more counsel fees and issues to address in an ongoing matter. … 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

DOES NEW DECISION STRETCH RELOCATION STANDARD TO ITS LIMITS? NOT SO FAST…

Posted in Custody

In the newly published decision of Benjamin v. Benjamin out of the Ocean County Family Part, which has released several reported decisions within the past few years, the court held that having a guaranteed job in another state is not a mandatory prerequisite for it to approve a custodial parent’s request to relocate to another state with… Continue Reading

IMPUTATION OF INCOME IN THE WORLD OF ADVERTISING

Posted in Alimony, Divorce, Practice Issues

Reading the recently unpublished (not precedential) Appellate Division matter of Connaughton v. Connaughton  brought me back to my days of toiling as an account executive at an advertising agency in Manhattan. Our team often worked long hours and frequently traveled for client meetings, commercial shoots, and the like.  Advertising also was and remains notorious for forcing account and… Continue Reading

SOUR GRAPES AND A ROTTEN APPLE – WHEN RECONSIDERATION IS MORE LIKE FRUIT SALAD

Posted in Practice Issues

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Deciding Whether to Settle or Defend Yourself Against a Persistent and Financially Superior Spouse

Posted in Practice Issues

Reading and considering Eric Solotoff’s blog from earlier this week regarding the benefits of settlement, it is also critical to know when to settle and, quite frankly, whether to settle at all. This especially applies to those current or former spouses who simply cannot afford to litigate against a financially superior former spouse. This situation… 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.

Domestic Violence: Bad Haircuts and an Unwanted Hug Can Constitute Harassment

Posted in Domestic Violence

This post was written by Melissa M. Ruvolo, a new Family Law associate, in our Roseland office, and soon to be an official contributior to this blog. Our blog frequently features discussions regarding what constitutes domestic violence to warrant the issuance of a Final Restraining Order (FRO). Perhaps the most frequently alleged “predicate act of… 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

HOW TO PREPARE FOR THAT INITIAL DIVORCE CONSULTATION

Posted in Alimony, Child Support, Custody, Divorce, Practice Issues

Visiting a divorce attorney for an initial consultation can be a difficult and intimidating proposition.  For some, it is the realization that their marriage may be over.  For others, it is simply the discussion of such deeply personal matters with a stranger. Nerves or trepidation aside, the main purpose of the initial consultation is to… 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

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

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