Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a
Continue Reading Religious Coercion is Legal Duress
Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a
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Delay, Waiver & Law of the Case Doctrine
Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date
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Temporary Absences & Custody Determinations under the New Jersey UCCJEA
We live in a very transient society; particularly New Jersey. There is greater outbound traffic from New Jersey than any other State. The reasons for these moves may vary, but
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Reported Appellate Division Decision Touches on Incapacitation, Guardianship & Divorce
We previously blogged in 2014 about Marsico v. Marsico, where the trial court barred a litigant from appearing and testifying in a divorce matter through a designated power of
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Vaccination Disputes Between Parents With Joint Legal Custody Are Guided by the Best Interests of the Child
Vaccinations will likely become a hot topic in matters of divorced or separated parents in a post-pandemic world with vaccines now available to children ages 12 and up, and possible
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Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
We made too many wrong mistakes. –Yogi Berra
What happens when you make a mistake? You correct it and move on.
What happens when you make
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New Case Inadvertently Serves as a Tip for Couples with Young Children Divorcing/Setting Child Support
The newly unreported (does not set precedent) decision of Covone v. Curreri makes two bold moves: (1) asserting that the passage of time is not a change in circumstance warranting
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Alienating Your Kids from Their Other Parent May Cost Your Kids Big When it Comes to Child Support and College.
Here in New Jersey, divorced parents are generally obligated to contribute to the college education expenses for their un-emancipated children. In virtually every marital settlement agreement where there are un-emancipated
Continue Reading Alienating Your Kids from Their Other Parent May Cost Your Kids Big When it Comes to Child Support and College.
Appellate Division Clears Up the Alimony Statute Application for Early Retirement in Pre-Amendment Cases
The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early
Continue Reading Appellate Division Clears Up the Alimony Statute Application for Early Retirement in Pre-Amendment Cases