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
Appellate Practice
Have Judges Been Getting the Standard for Motions for Reconsideration Wrong All Along?
You see it all of the time. Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and…
Continue Reading Have Judges Been Getting the Standard for Motions for Reconsideration Wrong All Along?
To Represent, or Not Represent: That is the Question
Can one attorney represent both spouses in a divorce? This issue presents itself in a multitude of scenarios: the proverbial “simple divorce” or merely reviewing a settlement agreement prepared by…
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I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
One thing this pandemic has taught me about my fellow lawyers: we are adaptable.
Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux…
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Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
–Yogi Berra
What happens when you make a mistake? You correct it and move on.
What happens when you make…
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Even At a Default Hearing, An Expert Report is Inadmissable Hearsay if the Expert Doesn’t Testify
Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even…
Continue Reading Even At a Default Hearing, An Expert Report is Inadmissable Hearsay if the Expert Doesn’t Testify
If You Want A Right to Appeal an Arbitration Award, Build it Into Your Arbitration Agreement
Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst…
Continue Reading If You Want A Right to Appeal an Arbitration Award, Build it Into Your Arbitration Agreement
NJ Divorce Court State of Play After 6 Months of COVID 19 Restrictions
Two common questions I hear from potential clients, as well as the general public, are (1) are the courts open and (2) can people even file new matters (divorce, enforcement,…
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A Reminder: No change of circumstances? No best interests of the child finding? No change of custody or parenting time..
Last summer, Eliana Baer and Eric Solotoff of our Family Law Department achieved an Appellate Division victory when a trial court’s decision to allow our client’s ex-husband to obtain a…
Continue Reading A Reminder: No change of circumstances? No best interests of the child finding? No change of custody or parenting time..
Appellate Division Rules: No Custody Evaluation Without Finding of Changed Circumstances
Last week, Eric Solotoff and I achieved victory in the Appellate Division in the unreported (non-precedential) decision of Gatto v. Breton, wherein the Court reversed the trial court’s order…
Continue Reading Appellate Division Rules: No Custody Evaluation Without Finding of Changed Circumstances