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

Tag Archives: Short Hills 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

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

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

TAX COURT RULES HUSBAND’S ALIMONY PAYMENTS ARE REALLY NON-DEDUCTIBLE CHILD SUPPORT

Posted in Alimony, Child Support, Practice Issues

In Johnson v. Commissioner of Internal Revenue, an interesting new decision from the United States Tax Court, a former husband was held unable to deduct the payments to his ex-wife as alimony because the amount of such payment was subject to a “child-related contingency.”  Specifically, the parties’ divorce settlement agreement provided that “spousal maintenance” payments to… 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

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

WHEN DOES “ENOUGH” MEAN WHAT YOU ARE ENTITLED TO?

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When I am representing the payee spouse (frequently also known as the financially inferior spouse, the spouse whose earning capacity pales in comparison to the payor spouse, and the like), I find it interesting when the attorney for the payor spouse tells me that my client should simply be happy with what her soon-to-be former spouse… 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

A WRITING MAY NOT ACTUALLY HAVE TO BE A WRITING TO CONFIRM A SETTLEMENT REACHED AT MEDIATION

Posted in Mediation/Arbitration, Practice Issues

Last week, I posted about the new Supreme Court case regarding enforcing settlements reached at mediation. That case made clear that a settlement that is reached at mediation but not reduced to a signed written agreement will not be enforceable. Simple enough right. *Image Courtesy of PhotoExpress. But what is a writing.  The Court noted… 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

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

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

Women Can Pay Alimony Too

Posted in Alimony

Yesterday’s New York Daily News published an article indicating that 28% of wives out-earn their husbands according to an analysis of Census Bureau data by USA Today.  The article goes on to state that, despite these advances, women still lag men in the highest levels of their chosen fields   Given the reality of many women earning… 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