The Appellate Division, in an opinion approved for publication titled J.D. v. A.M.W., addressed the trial court’s denial of the Plaintiff’s application for a Final Restraining Order (“FRO”) under
Continue Reading Final Restraining Orders & the Second Prong of Silver v. Silver: Protection Against, and Prevention of, Further Abuse
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
What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and
Continue Reading Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing
The Superior Court of New Jersey, Appellate Division answered this question on April 11, 2022 in Christine Ann Devers v. Jeffrey Eric Devers. The parties were divorced in May
Continue Reading With Prejudice v. Without Prejudice: When is a Judgment or Order Final?
Given the transient tendencies of today’s society, jurisdictional issues arise quite frequently in divorces, custody matters and requests for financial support. Some examples include, but are not limited to, when
Continue Reading Jurisdictional Concerns & Paternity Actions
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
Prior to September 1, 2021, name change applications were required to be made public both upon request for inspection (Rules 1:2-1, 1:38-1) and by way of a publication requirement in
Continue Reading Good Cause to Seal Name Change Applications for Transgender Litigants
Typically, general prohibitory language within a Temporary Restraining Order (“TRO”) states that a Defendant is “prohibited from having any oral, written, personal, electronic, or other form of contact or communication
Continue Reading Contempt & Communications Initiated Prior to Entry and Service of Restraining Orders
A previous post from August 22, 2010 defined “shared parenting” by New Jersey standards, specifically: anything between 28% (104 overnights) and 50% of the overnights with the children. This comes
Continue Reading What Constitutes an Overnight for Child Support Purposes?