contested custody and parenting matters require discovery and a plenary hearing
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Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights
When you sleep on your rights, you may not get all that you were entitled to.
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No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
Court’s cannot adopt an court appointed expert’s report without affording the parties discovery and the ability to cross examine the expert
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Yes, Parties Can Agree to Waive the Change of Circumstances Standard
Parties can waive the change of circumstances requirement for custody and parenting time modification
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Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
a trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant’s decision to invoke his Fifth Amendment right to not testify
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A Trial Is Not The Only Way To Settle Your Divorce
A trial is not the only way to settle your divorce
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I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.
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Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help
Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v.
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Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division
Parties can waive discovery and settle their cases. Courts cannot dismiss voluntary agreements due to lack of formal discovery.
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Apples to Oranges – Pendente Lite Support vs. Support After Trial
One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where
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