I have now blogged a few times about the importance for due process in domestic violence matters. The Appellate Division just gave us another unpublished case, B.L.F. v. T.G.C., to remind litigants and practitioners that the plaintiff in a domestic violence action is limited to the four corners of the Temporary Restraining Order (“TRO”) and,
Negotiating Future College Contributions in Divorce: A Cautionary Tale
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
Religion and Divorce: Raising Children of Interfaith Marriages Post-Divorce
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
The Futility of Parent Coordination When a Parent Coordinator Won’t Be Decisive
I have written many times over the years regarding parent coordination, both during and after the end of the Supreme Court pilot program. A parent coordinator is a person, sometimes a mental health professional and sometimes a lawyer, that is appointed to assist parties in high conflict custody disputes. The description and function of
Unhappy with a Family Court Order? Use Procedural Error to Cure a Substantive Mistake
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
Who Has the Burden of Proving the Premarital Value of a Business?
We often deal with cases in which one or both spouses own a business. In many of those cases, a spouse received their interest in a business prior to the marriage, either from a family member, or otherwise. With regard to premarital assets and/or any other assets that a party claims is exempt, that party
Moving Child Support from Place to Place
I have previously written about the custody and parenting time issues that may be presented when a child is moved from state to state within the country. But what of child support?
In an interesting recent unpublished decision, Flynn v. Flynn, the New Jersey Appellate Division examined the question: in a case where multiple
Another Due Process Ruling for Domestic Violence Defendants
A few months ago, I blogged about due process for defendants in domestic violence actions. We now have another unpublished decision on this topic but with a different due process violation. In the matter of S.C. v. Z.B., the parties had cross-temporary restraining orders (“TRO”) against each other stemming from the same incident
How to Spring Clean Your Old Divorce Files
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,
How to Behave in the Courtroom
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