New Jersey recently made important changes to N.J.S.A. 9:2-4, the statute that governs child custody and parenting time. While the law continues to focus on the “best interests of the child,” the amendments clarify how courts are expected to make custody decisions, especially in cases involving safety concerns, disagreements about…
Continue Reading From Discretion to Direction: Understanding New Jersey’s Updated Child Custody LawA not uncommon New Year’s resolution people make is to change their life by divorcing…
Continue Reading The New Year’s Resolution Divorce – 2026 EditionOpen durational alimony is generally granted only if a marriage lasts 20 years. Feeling that…
Continue Reading Feeling Like Your Marriage Wasn’t 20 Years Does Not Make it SoAwards of Counsel Fees When Successfully Prosecuting, but not Defending, An Act of Domestic Violence
When a party in New Jersey successfully obtains a domestic violence Final Restraining Order, they…
Continue Reading Awards of Counsel Fees When Successfully Prosecuting, but not Defending, An Act of Domestic ViolenceSubscribe to NJ Family Law Blog
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Trial court erred in ordering unused 529 funds to be divided equally between the parties when it was not even clear that they were marital assets that should or could…
Continue Reading Trial Court Makes Mess With Sua Sponte Division of Unused 529 FundsCurious Appellate Decision Affirming the Denial of Sole Custody and Appointment of a Parenting Coordinator
Court gives Parent Coordinator power to craft a parenting plan despite case law and court rules that don’t allow for that power.
Continue Reading Curious Appellate Decision Affirming the Denial of Sole Custody and Appointment of a Parenting CoordinatorCommon law marriage does not exist in New Jersey. If you want treatment as a spouse or surviving spouse, you need to enter in a marriage, civil union or domestic…
Continue Reading No, Common Law Marriage Still Doesn’t Exist in New JerseyMaking False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining Order
False reports to the police alleging a violation of a final restraining order considered harassment and coercive control warranting a FRO.
Continue Reading Making False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining OrderWhen a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights
When a prenuptial agreement says “waiving all rights” it really means waiving all rights, including to an elective share even if the term elective share is not explicitly stated.
Continue Reading When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All RightsAppellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?
The practice of family law is difficult. I have read that divorce ranks just below the death of a parent or child in terms of grief. The cases are often…
Continue Reading Appellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for Retirement
Appellate Division addressed standard for addressing the issue of modifying alimony based upon retirement in pre-2014 divorces – highlighting again the issue of whether the recipient did or could have…
Continue Reading Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for RetirementAlimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances
We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision…
Continue Reading Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her FinancesDecision to Forgo Interview of Special Needs Child in Custody Determination Affirmed
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether…
Continue Reading Decision to Forgo Interview of Special Needs Child in Custody Determination AffirmedAbout this Blog
Family law issues frequently involve a complex mixture of emotion, history, assets and goals. Fox Rothschild’s experienced family law attorneys provide clients with comprehensive representation and guidance to enable sound and creative thinking about their plans for the future.