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

Tag Archives: West Orange Divorce Attorneys

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

IMPUTATION OF INCOME IN THE WORLD OF ADVERTISING

Posted in Alimony, Divorce, Practice Issues

Reading the recently unpublished (not precedential) Appellate Division matter of Connaughton v. Connaughton  brought me back to my days of toiling as an account executive at an advertising agency in Manhattan. Our team often worked long hours and frequently traveled for client meetings, commercial shoots, and the like.  Advertising also was and remains notorious for forcing account and… Continue Reading

SOUR GRAPES AND A ROTTEN APPLE – WHEN RECONSIDERATION IS MORE LIKE FRUIT SALAD

Posted in Practice Issues

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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

Deciding Whether to Settle or Defend Yourself Against a Persistent and Financially Superior Spouse

Posted in Practice Issues

Reading and considering Eric Solotoff’s blog from earlier this week regarding the benefits of settlement, it is also critical to know when to settle and, quite frankly, whether to settle at all. This especially applies to those current or former spouses who simply cannot afford to litigate against a financially superior former spouse. This situation… Continue Reading

THE USE OF MODERN TECHNOLOGY AS A FORM OF DOMESTIC VIOLENCE – THE APPELLATE DIVISION WEIGHS IN

Posted in Domestic Violence

The times, they are a’changing – at least when it comes to how the judicial system approaches harassment as an act of domestic violence in light of advanced technology used for communication.  In the newly reported (precedential) Appellate Division decision of L.M.F. v. J.A.F., Jr., the Court addressed the use of electronic communications, specifically text… Continue Reading

IRS PROVIDES GREATER PROTECTION TO “INNOCENT SPOUSES”

Posted in Practice Issues

New changes implemented by the IRS to the "Innocent Spouse" rule provide greater protection for those spouses seeking relief under the broadly described "inequity" provision of the rule.  Generally, speaking, most spouses file joint tax returns and do not consider a subsequent tax liability that may befall upon them.  In the face of such a scenario, the… 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

NEW APPELLATE DIVISION DECISION REGARDING PARENTING COORDINATOR GRIEVANCES AND FEES

Posted in Counsel Fee Awards, Custody, Mediation/Arbitration, Visitation/Parenting Time

Following on the heels of Eric Solotoff’s recent blog entry addressing the use of parenting coordinators, a new published (precedential) decision from the Appellate Division talks about grievances against parenting coordinators, parenting coordinator fees, and the need for a plenary hearing to address such issues.  In Segal v. Lynch, the Appellate Division addressed these issues in… Continue Reading

HOW TO PREPARE FOR THAT INITIAL DIVORCE CONSULTATION

Posted in Alimony, Child Support, Custody, Divorce, Practice Issues

Visiting a divorce attorney for an initial consultation can be a difficult and intimidating proposition.  For some, it is the realization that their marriage may be over.  For others, it is simply the discussion of such deeply personal matters with a stranger. Nerves or trepidation aside, the main purpose of the initial consultation is to… Continue Reading

When Change of Circumstances is Not Really a Change Necessary to Modify Custody

Posted in Custody, Visitation/Parenting Time

This post was written by Jessica Goldberg, a new associate in the Family Law Practice Group in the Roseland office and also, a new contributor to this blog. The recent Appellate Division’s decision in Dunn v. Willis, although unpublished and therefore not precedential, brings up some interesting issues regarding custody disputes. First, it is important… Continue Reading

A BUSY WEEK FOR CHANGED CIRCUMSTANCES CONTINUES

Posted in Alimony

Following on the heels of an earlier blog entry this week addressing "alimony escalators" in the context of proving a change in circumstances meriting a decreased alimony obligation, a new unreported (not precedential) decision from the Appellate Division in the matter of Eick v. Eick, found that the husband had fulfilled his initial "changed circumstances" burden meriting… Continue Reading

VETERAN’S DISABILITY PENSION AND SOCIAL SECURITY DEEMED INCOME FOR PURPOSES OF DETERMINING ALIMONY

Posted in Alimony, Modification

In an unreported (non-precedential) decision in the case of Brown v. Brown  released on May 25, 2010, the Appellate Division determined that veterans disability benefits and social security benefits are income for purposes of determining alimony.  In this appeal of an Order that granted some alimony reduction but not as much as the former husband sought, the facts are… Continue Reading

READ MARK ASHTON’S EXCELLENT POST ENTITLED “A DIVORCE NEGOTIATION PRIMER”

Posted in Divorce, Practice Issues

Mark Ashton, a partner in our Exton, Pennsylvania office, and a contributor the firm’s Pennsylvania Family Law blog, wrote an excellent post on that blog entitled "A Divorce Negotiation Primer". There are several points I would like to highlight: negotiations are confidential and cannot be introduced in court, except for very limited circumstances, but not as to the ultimate… Continue Reading