Last week, Eric Solotoff and I achieved victory in the Appellate Division in the unreported (non-precedential) decision of Gatto v. Breton, wherein the Court reversed the trial court’s order permitting the Plaintiff father to obtain a custody evaluation without the requisite finding of changed circumstances.
By way of background, the parties were divorced in
One of the more complex issues we see when addressing alimony and equitable distribution relates to inherited assets and the money (distributions, investment experience, interest, etc.) that emanates from them. Under New Jersey law, inherited assets remain the exempt, separate property of the spouse who inherited same. It cannot be distributed in whole or in
A recent Appellate Division case reminds us of the potential pitfalls of negotiating contingent issues in property settlement agreements, specifically as it relates to contribution to future college costs of children born of the marriage.
In Zegarski v. Zegarski, the parties had four children, with the two oldest already attending in-state college at the
Raising children born of interfaith marriages can have its challenges (and of course, its unique joys – Chrismukkah, anyone?), but at least parents in intact families navigate and mediate these challenges together. If and when parents of different religious faiths divorce, the questions of whether and how to raise the children in a particular religion
Grandparent visitation is a unique area of family law that presents interesting case law every few years and seems to be growing with time and modern families. We have blogged about this issue, including the requirement to show harm to the child if the grandparent doesn’t have visitation and procedure for grandparent visitation applications,
Some people think there are no winners in divorce court. While I like to have a more optimistic outlook, it goes without saying that family law cases sometimes yield unhappy litigants. With emotions running high and issues so personal in nature, it is common to have one, or both, parties unhappy with a decision of
Ahhh, April. This month always feels like a fresh start for me. The sun emerges and it starts to truly feel like spring. April also happens to be my birth month, so I can’t help but feel refreshed and energized at the start of this season.
There’s a reason why “spring cleaning” is a thing,
Anything can happen in court. Last week, while in the midst of an appearance, I served as de facto wedding photographer. Although the bride and groom were blissfully unaware of it, their wedding ceremony came as a welcome reprieve from an incredibly heated argument between me and my adversary, back in court just three months
When networking or meeting with a potential client, I am often asked: “Why should I hire you?” Most people think that more experience is always better and, at first blush, that makes sense. After all, if I were having surgery, I’d certainly want to go under the knife with a credentialed surgeon instead of a
In the recent unpublished (non-precedential) decision of Mathurin v. Matrhurin, the Appellate Division again confirmed that (1) agreements reached in mediation are not binding unless the terms are reduced to a writing signed by the parties and, ostensibly, their attorneys if present, and (2) absent such a writing, the court cannot consider discussions, unsigned