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In an interesting recent unpublished decision, Flynn v. Flynn, the New Jersey Appellate Division examined the question: in a case where multiple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 We now have another unpublished decision on this topic but with a different due process violation.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
Five Reasons to Choose the Blossoming Attorney
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
Tracking Your Spouse Can Result in a Final Restraining Order Even When You Ask Your Dad for Help
In the recent unpublished decision of L.G. v. T.G.. the Appellate Division addresses an issue that we are dealing with more and more – tracking one’s spouse through a hidden GPS on their car. GPS in terms of domestic violence isn’t necessarily “new” – you can read about the beginnings in Eric Solotoff’s 2011
New Guidance on the Distribution of Deferred Compensation That Vests Post-Complaint
The issue of the division of deferred compensation in divorce – more particularly, unvested deferred compensation, is often one that is hotly disputed. This is in part because there is not a lot of case law on the issue. The case law is clear that deferred compensation (eg. stock options, restricted stock, RSUs, REUs, etc.)
Terms Reached in Mediation Are Not Enforceable Without a Signed Agreement
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
The New Year’s Resolution Divorce
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that