Duress 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 aContinue Reading Religious Coercion is Legal Duress
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
An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic…Continue Reading Reflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can Address Gaps in the Bais Din Process
If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will…Continue Reading Vacating an Arbitration Award in the Bais Din – Part II
I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate…Continue Reading Vacating an Arbitration Award in the Bais Din – Part I
If you learn nothing else from my blog series on Arbitrations in the Bais Din, remember this one caveat: do not sign an Agreement to Arbitrate without the advice of …Continue Reading Do Not Sign Agreement to Arbitrate Without the Advice of a Lawyer
In a prior blog post, Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, I discussed the absolute necessity of the Umpire/Arbitrator’s Disclosure and the fact that…Continue Reading Arbitration Questionnaire Versus Umpire/Arbitrator’s Disclosure
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?
A recent decision handed down by the Appellate Division in an estate litigation matter serves as a reminder of the all-too-frequent intersection of family law and trusts and estates law.
Continue Reading Equitable Adoption and Intestacy: How Paternity Issues Can Complicate Your Legacy
So often, parties go to court only to be told by the judge to “work it out.” It’s a strange phenomenon; after all, if the parties could “work it out,”…
Continue Reading The Importance of the Decision: Don't Let a Hotly Contested Issue Go Undecided