Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date
Continue Reading Delay, Waiver & Law of the Case Doctrine
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and
Continue Reading Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing
An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic
Continue Reading Reflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can Address Gaps in the Bais Din Process
If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will
Continue Reading Vacating an Arbitration Award in the Bais Din – Part II
As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its
Continue Reading Top 10 Divorce Trends in 2022
In a prior blog post, Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, I discussed the absolute necessity of the Umpire/Arbitrator’s Disclosure and the fact that
Continue Reading Arbitration Questionnaire Versus Umpire/Arbitrator’s Disclosure
The Superior Court of New Jersey, Appellate Division answered this question on April 11, 2022 in Christine Ann Devers v. Jeffrey Eric Devers. The parties were divorced in May
Continue Reading With Prejudice v. Without Prejudice: When is a Judgment or Order Final?
Frequently, judicial opinions cite the cases that say settlement of disputes ranks high in New Jersey’s public policy. Accordingly, it is very difficult to get a trial court to set
Continue Reading Appellate Division Overturns Order Denying Motion to Vacate 8 Year Old Divorce for Fraud
As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be mediation or binding arbitration. One reason that people choose the arbitration
Continue Reading No “Do-Overs” When You Agree to Arbitrate Your Divorce
We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of
Continue Reading COUNSEL FEE AWARDS FOR CHILD-RELATED LITIGATION CAN BE QUALIFIED AS SUPPORT TO RESTRAIN THE OBLIGOR DISCHARGING THE OBLIGATION IN BANKRUPTCY – BISBING II