I am back to the office and back to blogging. For those who don’t know, I was recently out for a family leave upon the birth of my second child.
Continue Reading Guardian Ad Litem for a Litigant – Keeping the Role in CheckProperty Settlement Agreements
Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps…
Continue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to ShowReligious Coercion is Legal Duress
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 DuressBe 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…
Continue Reading Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?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…
Continue Reading Delay, Waiver & Law of the Case DoctrineTemporary 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…
Continue Reading Temporary Absences & Custody Determinations under the New Jersey UCCJEAReported 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…
Continue Reading Reported Appellate Division Decision Touches on Incapacitation, Guardianship & Divorce
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…
Continue Reading Vaccination Disputes Between Parents With Joint Legal Custody Are Guided by the Best Interests of the Child
Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
–Yogi Berra
What happens when you make a mistake? You correct it and move on.
What happens when you make…
Continue Reading Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
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…
Continue Reading New Case Inadvertently Serves as a Tip for Couples with Young Children Divorcing/Setting Child Support