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

Tag Archives: trial

MUSINGS ON PRINCIPLE VS. LITIGATION

Posted in Practice Issues

I have a matter now that will likely go to trial in the early part of the new year.  It appears inevitable.  Sometimes there are just those cases where a client is put in the impossible position of having to make a "Hobson’s choice" accepting a patently unfair or otherwise unpalatable settlement or taking their chances… Continue Reading

FALSE IN ONE, FALSE IN ALL – AT TRIAL, CREDIBILITY MATTERS

Posted in Alimony, Child Support, Practice Issues

Trials are often won or lost based upon credibility determinations.  More often than not, cases are replete with he said/she said situations, or real differences of opinion as to almost every issue.  In an interesting unreported Appellate Decision released on July 15, 2009, credibility was critical.  As the author of this post was the successful… Continue Reading

READ MARK ASHTON’S EXCELLENT POST ENTITLED “SIZING UP THE LITIGATION: AN EXAMINATION OF COST VS. BENEFIT”

Posted in Practice Issues

Mark Ashton, a partner in our Exton, Pennsylvania office, and the editor of the firm’s Pennsylvania Family Law blog, wrote an excellent post on that blog entitled, "Sizing Up the Litigation:  An Examination of Cost vs. Benefit.  To read the post, click here. The point of the post is that a litigant should choose their battles wisely, recognizing the… Continue Reading

READ MARK ASHTON’S INTERESTING POST ENTITLED “MEDIATE, ARBITRATE, NEGOTIATE: WHAT’S A CLIENT TO DO?”

Posted in Practice Issues

Mark Ashton, a partner in our Exton, Pennsylvania office, and the editor of the firm’s Pennsylvania Family Law blog, wrote an interesting post on that blog entitled Mediate, Arbitrate, Negotiate:  What’s a Client to Do?" To read the post, click here. Mark’s blog entry goes through the options of alternate dispute resolution.  Like Pennsylvania, in New… Continue Reading

SETTLEMENT – WHO MAKES THE DECISION?

Posted in Practice Issues

I was supposed to start a trial yesterday,but, as often happens, with the judge’s assistance, settlement negotiations began.  In fact, in reality, the case probably settled about 3 times yesterday.  However, each time we tried to wrap it up, the wife changed the terms, seeking more and more.  My client, who believed that that he… Continue Reading

WHAT HAPPENS AT TRIALS

Posted in Practice Issues

Recently, my partner, Mark Ashton, in our Exton (Chester County, Pennsylvania) office wrote an excellent post on our Pennsylvania Family Law Blog entitled "How Do Trials Work."  Too see his post, click here. While much of the trial experience is the same, there are differences in New Jersey practice and procedure.  For instance, in Pennsylvania, it appears… Continue Reading

Divorce Arbitration – A Closer Look

Posted in Practice Issues

Some times, despite all of the parties’ best efforts – or in other cases, where one or both parties have no desire to settle, a case has to be litigated.  Trials are costly, for reasons you would think of, and also, for reasons that most people don’t consider.  A good rule of thumb is that… Continue Reading