In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In
Continue Reading More on the Intersection of Family Law, Estate Law and Federal Law
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In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In…
Continue Reading More on the Intersection of Family Law, Estate Law and Federal LawA trial is not the only way to settle your divorce
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Continue Reading A Trial Is Not The Only Way To Settle Your Divorce
Parties can waive discovery and settle their cases. Courts cannot dismiss voluntary agreements due to lack of formal discovery.
Continue Reading Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division
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 CheckDespite 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 ShowDuress 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 DuressOne 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 DoctrineWe 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 UCCJEAWe 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