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

Tag Archives: South Orange Divorce Attorneys

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

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

Read Aaron Weem’s Interesting Post Entitled “Emotional Abuse Just As Harmful as Physical Abuse”

Posted in Custody, Domestic Violence, Visitation/Parenting Time

Aaron Weems is an attorney in our Blue Bell (Montgomery County), Pennsylvania office and editor of the firm’s Pennsylvania Family Law Blog wrote an excellent post entitled "Emotional Abuse Just as Harmful as Physical Abuse." While some of the local programs Aaron discusses for his county may not be available in New Jersey, the piece provides a good… 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

How to Not Settle Your Case

Posted in Practice Issues

Having just experienced several months of "interesting", to say the least, negotiations on several matters, it got me thinking about creating a list of things to do if you really don’t want to settle your case.  Hey, every body is entitled to their day in court if they want it. So what if there is… Continue Reading

Everything You Say Can and Will Be Used Against You in a Court of Law – Especially if you said something different in another court

Posted in Practice Issues

We have all seen and heard those familiar words in the title of this entry in moves or on TV.  This is part of the "Miranda" warning administered by a police officer when they are arresting someone.  Do these words also have a place in divorce court?  Not in the same way, but in reality they… Continue Reading

The Anti-Climactic End of the Tannen Saga – The Supreme Court Weighs In, Sort Of

Posted in Alimony, Child Support, Practice Issues

A little more than a year ago, we blogged on the reported Appellate Division Case, Tannen v. Tannen, which addressed the issue of trusts in the context of family law cases.  Relatedly, we blogged on the impact of income from a discretionary trust and whether it reduced a party’s need. In Tannen, the trial court,… 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.

If a Tree Falls During Mediation, Can the Mediator Tell Anyone About It?

Posted in Mediation/Arbitration

Last week, Larry Cutler posted a piece on this blog entitled "Are Mediation Proceedings Really Sacred and Secret?"  The inspiration for this post was a recent published Appellate Division case Willingboro Mall, Ltd. V. 240/242 Franklin Avenue, L.L.C.., a case in which a mediator actually filed a certification and testified.  That, however, is the exception but not the rule. … Continue Reading

Husband’s Sweat Equity Awards Him Greater Share of Marital Real Estate – Is a Slippery Slope Afoot?

Posted in Equitable Distribution

In cases where a party owns a business, as justification for a disproportionate split of the business in equitable distribution, we often hear that the titled spouse has to be rewarded for their effort, ingenuity, ideas, etc. related to the business.  While arguably those things could be part of the analysis of the statutory factors,… Continue Reading

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

If You Think that Your Job Related Life Insurance Is Enough, Think Again

Posted in Practice Issues, Property Settlement Agreements

It is typical for divorce agreements to contain a provision requiring an alimony payor to maintain life insurance to secure his alimony obligation and one, if not both parents to maintain life insurance to secure their obligations to their children.  In fact, Jennifer Millner, a contributor this this blog, and a partner in our Princeton… Continue Reading