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

Tag Archives: Short Hills Divorce Attorneys

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

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