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

Tag Archives: wayne divorce attorneys

DO YOU KNOW THE LAW BEHIND YOUR OWN CASE?

Posted in Practice Issues

Recently I posted about questioning whether your own attorney knows what he is doing and, as part of that question, whether the attorney knows the law surrounding your divorce or related family law matter.  A related question worth discussion is whether you know and understand the law and how it impacts your case. With busy… Continue Reading

WAS THERE A CHANGE OF CIRCUMSTANCES OR NOT?: PAYOR SPOUSE PAYS THE PRICE FOR A LACK OF SPECIFIC FINDINGS

Posted in Modification

An interesting decision on the issue of support modifications came down last week from the Appellate Division in the unpublished (not precedential) matter of Schechter v. Shechter.  There, the husband in 2004 agreed via settlement to pay child support and 12 years of limited duration alimony.  In July 2010, he filed a motion to modify his support obligations… Continue Reading

ON THE OTHER HAND, MODIFYING SUPPORT CAN BE A STEEP HILL TO CLIMB

Posted in Alimony

Following on the heels of Melissa Ruvolo’s blog entry discussing the need for detailed proofs to fulfill one’s threshold burden required to modify support, the Appellate Division’s unpublished (not precedential) decision in Bonaventura v. Bonaventura tells the tale of a supporting spouse who unsuccessfully (and surprisingly) tried to reduce his alimony obligation after losing his job in… Continue Reading

ONE APPROACH TO LEGAL REPRESENTATION OF A DEFENDANT IN A DOMESTIC VIOLENCE MATTER

Posted in Domestic Violence

Lately, it seems as if everywhere I turn I am representing a party in a domestic violence matter, whether in relation to or separate from an ongoing divorce matter.  With these recent experiences fresh in my mind, I thought I would take the time to blog about the lawyer’s role in representing a defendant in such matters.  While it… Continue Reading

APPELLATE DIVISION BROADLY DEFINES “HOUSEHOLD MEMBER” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Domestic Violence

The protections afforded by New Jersey’s Prevention of Domestic Violence Act are deliberately liberal for the benefit of abuse victims. Those protections, however, have seemingly expanded to an even greater degree under a new published (precedential) decision from the Appellate Division released on January 26, 2011. In S.Z. v. M.C., the Appellate Division ruled that an adult… Continue Reading

Permanent Alimony: In Good Financial Times and In Bad

Posted in Alimony

A divorce action generally results in a Final Judgment of Divorce which dissolves the bonds  of matrimony - including the part about "in good times and bad . . . "  This however, is not always the case.  Certainly if two people have children together their relationship with each other, although different, will have to continue if they are… Continue Reading

WHICH STATE DECIDES CUSTODY? NEW APPELLATE DIVISION DECISION EXPLORES THE UCCJEA

Posted in Custody

New Jersey adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in 2004, replacing the Uniform Child Custody Jurisdiction Act (UCCJA) in an effort to facilitate cooperation between courts of other states to ensure that the state best able to decide a given custody matter actually makes that decision.  The UCCJEA was recently at… Continue Reading

Rogers v. Gordon – The Next Chapter – This Time Counsel Fees

Posted in Alimony, Prenuptial Agreements

We previously blogged on the Appellate Division’s notable decision in Rogers v. Gordon, which addressed the legal standard applicable to prenuptial agreements signed prior to New Jersey’s enactment of the Uniform Premarital Agreement statute.  There, the Appellate Division reversed a trial court Order to the extent that it set aside the entire prenup, since, as to… Continue Reading

PRENUPTIAL AGREEMENTS PRE-DATING THE UNIFORM PREMARITAL AGREEMENT ACT – A DIFFERENT STANDARD FOR ENFORCEMENT

Posted in Prenuptial Agreements

Are prenuptial agreements entered into before the enactment in 1988 of the Uniform Premarital Agreement Act in New Jersey in New Jersey analyzed for enforceability under the standards set forth in the Act? The simple answer is no, since the standard for determining the enforceability was established by earlier cases addresses addressing the issue.  There is… Continue Reading

SUPREME COURT RULES ON NEW JERSEY’S KINSHIP LEGAL GUARDIANSHIP ACT

Posted in Adoption, Other

The Supreme Court of New Jersey’s recent decision in New Jersey Division of Youth and Family Services v. L.L., provides a good opportunity to review New Jersey’s Kinship Legal Guardianship Act. The Act is designed to address the needs of children and caregivers in long-term “kinship” relationships, placing those children who cannot safely reside with their parents… Continue Reading

GETTING A “GET” – JEWISH DIVORCE IS NO SIMPLE MATTER

Posted in Divorce

Abdelhak v. The Jewish Press, Inc., et. al., a recently reported (precedential) decision from the Appellate Division, raises the always interesting issue of Jewish divorce.  While the divorce itself was not the main issue in the case, which I briefly discuss below, the case provides a relevant opportunity to discuss Jewish divorces in general and how they have… Continue Reading

Modifying a Custody and Parenting Time Agreement

Posted in Custody, Modification, Visitation/Parenting Time

During the course of a litigation where children are involved, the parties will often come to an agreement as to custody and parenting time.  By settling on this understandably emotional issue, the parties avoid having to go to trial, where the trial judge would have decided for them who has custody and what the parenting time schedule… Continue Reading

A “PURPOSE TO HARASS” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Divorce, Domestic Violence

There are numerous criminal acts addressed within the Prevention of Domestic Violence Act, which,if proven,can form the basis for the entry of a domestic violence restraining order.The crime of harassment  is one.  It is defined by New Jersey law as being committed when a person, "with purpose to harass another," "[e]ngages in any other course… Continue Reading

APPELLATE DIVISION FOCUSES ON RULES OF EVIDENCE AT A FINAL RESTRAINING ORDER HEARING

Posted in Divorce, Domestic Violence

Victims of domestic violence often believe that they will be able to obtain a Final Restraining Order against their abuser simply because they were able to obtain the initial Temporary Restraining Order.  Obtaining an FRO, however, can be more difficult than one might think in light of the necessary proofs that must be made in court. … Continue Reading