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 perhapsContinue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
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
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?
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 Doctrine
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 UCCJEA
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
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
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
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
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.