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Eliana Baer

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I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?

By Eliana Baer on February 11, 2021

One thing this pandemic has taught me about my fellow lawyers: we are adaptable.

Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux…
Continue Reading I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?

Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements

By Eliana Baer on February 9, 2021
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…
Continue Reading Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements

Appellate Division Rules: No Custody Evaluation Without Finding of Changed Circumstances

By Eliana Baer on August 12, 2019

Last week, Eric Solotoff and I achieved victory in the Appellate Division in the unreported (non-precedential) decision of Gatto v. Breton, wherein the Court reversed the trial court’s order…
Continue Reading Appellate Division Rules: No Custody Evaluation Without Finding of Changed Circumstances

Is a Forensic Accountant Necessary in Your Divorce Case?

By Eliana Baer on November 7, 2018

At its elemental level, divorce is really all about division. Division of the union, division of the assets and division of the debt. It’s about taking whatever the parties put…
Continue Reading Is a Forensic Accountant Necessary in Your Divorce Case?

Trying Cases with an Eye Toward Appeal: What Your Lawyer is Thinking and Doing at the Trial Level to Preserve Your Case

By Eliana Baer on October 26, 2018

Nobody wants to go to Court. In fact, you’ve probably spent your whole life doing everything not to go to Court. But you’re getting divorced. And now, it’s unavoidable. Hopefully,…
Continue Reading Trying Cases with an Eye Toward Appeal: What Your Lawyer is Thinking and Doing at the Trial Level to Preserve Your Case

You Know Why You Should Settle Your Retirement Alimony Case – Now What?

By Eliana Baer on October 15, 2018

Last week, I blogged about whether you should settle your retirement alimony case and the ingredients that might go into that decision. To be honest, this “why you should or…
Continue Reading You Know Why You Should Settle Your Retirement Alimony Case – Now What?

Should You Settle Your Retirement Alimony Case?

By Eliana Baer on October 8, 2018

There has been much ado about the new alimony statute. Obligors believe they are now in the driver’s seat when it comes to disposing of their alimony obligations. After all,…
Continue Reading Should You Settle Your Retirement Alimony Case?

Deference to Division of Child Protection and Permanency Findings Not Absolute

By Eliana Baer on March 26, 2018

Although the typical matrimonial practitioner may not undertake Division of Child Protection and Permanency (“Division”) on a regular basis, we oftentimes face situations wherein a trial court, in a related…
Continue Reading Deference to Division of Child Protection and Permanency Findings Not Absolute

Right Against Self-Incrimination Preserved for Parents in Cases Involving Child Sexual Abuse

By Eliana Baer on September 7, 2017

Thankfully, sexual abuse allegations against parents do not often arise in the context of a divorce typical. However, when those scenarios do arise, they bring lawyers, litigants and judges alike …
Continue Reading Right Against Self-Incrimination Preserved for Parents in Cases Involving Child Sexual Abuse

Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says

By Eliana Baer on June 7, 2017

Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right…
Continue Reading Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says

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