When a prenuptial agreement says “waiving all rights” it really means waiving all rights, including to an elective share even if the term elective share is not explicitly stated.
Continue Reading When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights
The practice of family law is difficult. I have read that divorce ranks just below the death of a parent or child in terms of grief. The cases are often
Continue Reading Appellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?
Appellate Division addressed standard for addressing the issue of modifying alimony based upon retirement in pre-2014 divorces – highlighting again the issue of whether the recipient did or could have saved for retirement
Continue Reading Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for Retirement
We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision
Continue Reading Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether
Continue Reading Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed
Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not
Continue Reading Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?
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
Prior acts which have been adjudicated not to be domestic violence cannot be raised in future domestic violence proceedings
Continue Reading Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?
A New Jersey Court can enjoin a party from pursuing a foreign law suit meant to frustrate a New Jersey decision
Continue Reading Yes, A Court can Enjoin a Party From Pursuing Litigation in Another Jurisdiction
New Year’s resolution divorces are common
Continue Reading The New Year’s Resolution Divorce – 2025 Edition