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

Category Archives: Divorce

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All Apologies and the Distribution of a Famous Guitar

Posted in Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements

Perhaps Kurt Cobain knew when writing the song “All Apologies” that one day his daughter would be embroiled in a nasty divorce battle.  While the lyrics, “Married, Buried, Married, Buried”, may not sound uplifting, they are undeniably classic Nirvana.  Fans of the band would largely agree that the most well known live performance of the song was the… Continue Reading

Champagne Taste on a Beer Budget: How One Judge Determined Alimony for an Overspending Couple

Posted in Alimony, Child Support, Divorce, Equitable Distribution, Modification, Practice Issues

I’m not usually one to place a lot of stock in celebrity gossip, but I couldn’t help but take notice of the fact that it has been rumored that Amber Heard’s monthly income is $10,000, yet she spends $44,000 a month on shopping, dining out and vacations. Her ask for spousal support: $50,000 per month,… Continue Reading

Can the Parent-Child Bond be Restored After Alienation?

Posted in Custody, Divorce, Domestic Violence, Modification, Visitation/Parenting Time

It’s a tale as old as time. Divorced parents bash each other in hopes of garnering favor with their child during a divorce or custody dispute. At some point the child, becomes so exposed to the bashing, blame and ill-will from one parent toward another that the child becomes disenchanted with the other parent; the… Continue Reading

NJ Supreme Court Finds Law Against Discrimination Protects Employees Going Through Divorce

Posted in Divorce

While we do not often, if ever, blog about decisions in the area of employment law, the Supreme Court of New Jersey earlier this week in the decision of Smith v. Millville Rescue Squad held that our state’s Law Against Discrimination precludes discrimination and retaliation against an employee based on “marital status.  The meaning of “marital status”… Continue Reading

Watch Out: Judges Start Getting Creative with Non-Complying Litigants and Obstructers

Posted in Alimony, Child Support, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues

If I’ve heard it once, I’ve heard it a million times: “why don’t judges enforce their own orders or take hard lines against obstructers?” Many times, litigants feel powerless. Powerless to change anything; powerless to have courts take a firm position in favor of those aggrieved; and, powerless to be heard. Clients and attorneys alike… Continue Reading

How New Jersey’s New Emancipation Statute May Affect Graduate School Contribution

Posted in Child Support, College, Custody, Divorce, Equitable Distribution, Modification, Mulcahey v. Melici, Practice Issues, Property Settlement Agreements

With summer just beginning, many people have visions of swimming pools, beaches and family vacations. Others in New Jersey have visions of Sallie Mae, tuition bills and book fees. After four years of what has become obligatory college contribution pursuant to the mandates of Newburgh v. Arrigo, many parents in the state are then faced… Continue Reading

When it Comes to Enforcement, Act NOW Not Later

Posted in Divorce, Practice Issues

A recent unpublished decision, Strunck v. Figueroa, serves as a not-so-gentle reminder that sometimes an enforcement application can be “too little, too late,” and that it is imperative to be proactive to protect your rights under a divorce decree or agreement, especially when your adversary acts in bad faith.  In Strunck, a 2011 divorce decree awarded the… Continue Reading

The Forgotten Insurance: Life Insurance to Secure Alimony & Child Support

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

When we all think of insurance, we often think of medical insurance, car insurance and homeowner’s insurance as these seem to be the necessary and everyday types of insurance. Life insurance, which for some can be synonymous with high premiums, is one of the first costs to go when seeking to reduce your budget. I… Continue Reading

One Family, One Judge? Perhaps Not in the Context of an Act of Domestic Violence

Posted in Divorce, Domestic Violence, Practice Issues

We’ve all heard the maxim “One Family, One Judge” in the context of matrimonial matters. The underlying premise is that one judge in the Family Part should hear the entire case because that judge is intimately familiar with the facts of the case, has observed the parties and their demeanors and perhaps has made credibility… Continue Reading

War of the Resolutions: A Cautionary Tale

Posted in Divorce, Practice Issues

Yesterday, Eric Solotoff blogged about the phenomenon of the New Years Resolution Divorce.  It happens.  I encourage you to read that post prior to the one below because it provides some useful background on the issue: It’s the New Year. A time filled with resolutions, promises to change, and commitments to begin anew.  Your marriage… Continue Reading

“Conscious Uncoupling”: An Ode to a Mediated Divorce

Posted in Alimony, Child Support, Custody, Divorce, Equitable Distribution, Mediation/Arbitration, Practice Issues, Privacy and Confidentiality, Property Settlement Agreements

As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce.  Although the term had been originally… Continue Reading

APPELLATE DIVISION ADDRESSES RETIREMENT APPLICATION UNDER AMENDED ALIMONY LAW

Posted in Alimony, Divorce, Modification

Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective on September 10, 2014.  On November 6, 2015, the Court released an unpublished (not precedential) decision in Court v. Court, wherein the trial court’s order… Continue Reading

THE NEW YORK TIMES PRESENTS A "PORTRAIT OF THE MODERN FAMILY"

Posted in Custody, Divorce

I was recently reading a New York Times article from early November entitled “Stressed, Tired, Rushed:  A Portrait of the Modern Family”, and couldn’t help but see the commonalities between today’s modern family and the ever-changing issues raised in divorce. The author, Claire Cain Miller, citing from a new Pew Research Center Study, conveyed to readers what… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

HALLOWEEN FAMILY LAW HORROR STORIES

Posted in Divorce, Practice Issues

Michael Myers’ favorite day of the year is upon us!  Halloween is here and for New Jersey kids that means trick or treating, trunk or treating (a very Jerseyish-type deviation), mischief night (lock up your eggs, shaving cream and toilet paper), costumes, scary stories, horror movies and more.  For me, it provides the perfect opportunity to… Continue Reading

New York Focus – The Exclusive Use and Occupancy of the Marital Residence, Pendente Lite

Posted in Custody, Divorce, Domestic Violence, Equitable Distribution

While our blog has focused exclusively on New Jersey family law since its inception almost 8 years ago (yes, it has been that long), we also focus our practice on New York family law.  We do not (yet) have a Fox New York-specific family law blog, so this blog will serve as a testing ground and… Continue Reading

Melancholy and the Infinite Sadness – Letting Your Emotions Cloud Your Judgment in Your Divorce

Posted in Divorce, Practice Issues

A recent client meeting reminded me of the iconic Smashing Pumpkins album – Melancholy and the Infinite Sadness.  In this meeting, you could just tell that the sadness and whatever other emotions the client was feeling, was clouding her thought processes and causing her to make bad if not self-destructive decisions. This is not an… Continue Reading

Back to School – Let's Get Divorced

Posted in Divorce, Practice Issues

Every year, I blog about the New Year’s Resolution Divorce.  This phenomena, both anecdotally and statistically proven, is a good explanation for the spike in divorce filings after the beginning of the New Year.  Some articles have attributed it to a feeling of  “new year, new life”. Others have attributed it to a desire to turn over a… Continue Reading