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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: Essex County Divorce Attorneys

All Apologies and the Distribution of a Famous Guitar

Posted in Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements

Perhaps Kurt Cobain knew when writing the song “All Apologies” that one day his daughter would be embroiled in a nasty divorce battle.  While the lyrics, “Married, Buried, Married, Buried”, may not sound uplifting, they are undeniably classic Nirvana.  Fans of the band would largely agree that the most well known live performance of the song was the… Continue Reading

NJ Supreme Court Finds Law Against Discrimination Protects Employees Going Through Divorce

Posted in Divorce

While we do not often, if ever, blog about decisions in the area of employment law, the Supreme Court of New Jersey earlier this week in the decision of Smith v. Millville Rescue Squad held that our state’s Law Against Discrimination precludes discrimination and retaliation against an employee based on “marital status.  The meaning of “marital status”… Continue Reading

APPELLATE DIVISION ADDRESSES NON-RELOCATION AGREEMENT IN NEW PUBLISHED DECISION

Posted in Custody, Modification, Visitation/Parenting Time

In many custody disputes, a primary area of concern is one parent’s ability to relocate with the children after the divorce is over.  Relocation requests have been characterized as often resulting in “heart-wrenching” decisions.  As we have previously discussed on this blog, the legal standard to be applied to a parent’s interstate removal application differs if… Continue Reading

Cohabitation Under the Amended Alimony Statute – Are We There Yet?

Posted in Alimony, Cohabitants' Rights

Suffice it to say, the issue of cohabitation under the amended alimony statute has been a hot topic of late in New Jersey family law. With several recent notable seminars on the topic, and two recently issued Appellate Division decisions (one published and the other unpublished) addressing when the amended law applies, practitioners and potential… Continue Reading

Baby, Now You Really Can Drive My Car: Questions About Child Support & Driving Expenses, Answered

Posted in Child Support, Modification, Practice Issues

Ah, the moment you have been waiting for – nay, dreaming of – has arrived:  your child has gotten his or her driver’s license!  It was a long time coming, after 17 long, hard years of carpooling to school, arguing with the other parents about who is going to pick the kids up from their… Continue Reading

A Tri-Parenting Conundrum and the Evolution of Custody and Parenting Time

Posted in Civil Unions and Domestic Partnerships, Custody, Paternity, Visitation/Parenting Time

In the recently published 67-page trial court decision of D.G. and S.H. v. K.S., the trial court dealt with the novel issue of custody and parenting time in a “tri-parenting” relationship. In that matter, D.G. and his husband, S.H., along with their friend K.S. embarked on a journey of conceiving and raising a child together.… Continue Reading

NEW JERSEY EMANCIPATION STATUTE SIGNED BY GOVERNOR CHRISTIE

Posted in Child Support, College

On Tuesday, January 19th, Governor Christie took a break from his busy presidential campaign to sign several new pieces of pending legislation, one of which was New Jersey’s pending emancipation statute that impacts upon child support and when/how it terminates.  The new law, which takes effect 180 days after its signing, is applicable to all… Continue Reading

APPELLATE DIVISION ANALYZES WHAT IT MEANS TO "ABANDON" A CHILD "BY WILLFULLY FORSAKING" HIM

Posted in Child Support, Custody, Estate and Trust Issues, Visitation/Parenting Time

Family law and estate law are undoubtedly two very personal areas of the law that often cross-over with one another depending on the issues at hand.  In the Matter of the Estate of Michael D. Fisher, II presents us with one of the more tragic factual scenarios where the two worlds intertwine. These are the facts that you… Continue Reading

APPELLATE DIVISION ADDRESSES RETIREMENT APPLICATION UNDER AMENDED ALIMONY LAW

Posted in Alimony, Divorce, Modification

Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective on September 10, 2014.  On November 6, 2015, the Court released an unpublished (not precedential) decision in Court v. Court, wherein the trial court’s order… Continue Reading

THE NEW YORK TIMES PRESENTS A "PORTRAIT OF THE MODERN FAMILY"

Posted in Custody, Divorce

I was recently reading a New York Times article from early November entitled “Stressed, Tired, Rushed:  A Portrait of the Modern Family”, and couldn’t help but see the commonalities between today’s modern family and the ever-changing issues raised in divorce. The author, Claire Cain Miller, citing from a new Pew Research Center Study, conveyed to readers what… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

AVAILABLE REMEDIES WHEN A PARENT VIOLATES A CUSTODY OR PARENTING TIME ORDER

Posted in Custody, Visitation/Parenting Time

Clients with children often ask what can a court do if the other parent violates an existing custody or parenting time order.  The level of emotion and concern raised by such violations can be overwhelming and, oftentimes, victimized parents do not know what to do or where to turn.  Just a few of the issues and questions may be:… Continue Reading

HALLOWEEN FAMILY LAW HORROR STORIES

Posted in Divorce, Practice Issues

Michael Myers’ favorite day of the year is upon us!  Halloween is here and for New Jersey kids that means trick or treating, trunk or treating (a very Jerseyish-type deviation), mischief night (lock up your eggs, shaving cream and toilet paper), costumes, scary stories, horror movies and more.  For me, it provides the perfect opportunity to… Continue Reading

APPELLATE DIVISION HOLDS AMENDED ALIMONY LAW DOES NOT APPLY TO POST-JUDGMENT ORDERS FINALIZED BEFORE LAW'S EFFECTIVE DATE

Posted in Alimony, Cohabitants' Rights

With New Jersey’s amended alimony statute becoming effective on September 10, 2014, many questions have arisen as to how the statute will apply and the meaning of many of the new terms contained therein.  The Appellate Division’s newly reported (precedential) decision in Spangenberg v. Kolakowski provides some insight from the judiciary that we have been… Continue Reading

Supreme Court of New Jersey Creates Unified Mental Health Service Provider Privilege

Posted in Custody, Practice Issues, Visitation/Parenting Time

The question of a parent’s mental health often arises in the midst of a custody dispute, with a family court judge faced with the difficult questions of whether there actually exists a mental health issue and, if so, how does it impact upon the child’s best interests under New Jersey’s custody statute.  While the “fitness… Continue Reading

Destruction of Jointly-Owned Property Constitutes Predicate Act of Criminal Mischief; But What is "Jointly-Owned Property"?

Posted in Domestic Violence, Equitable Distribution

On September 9, 2015, the Appellate Division determined in  a reported (precedential) decision, N.T.B. v. D.D.B. (A-4542-13T2), that a spouse’s destruction of a door within the couple’s jointly-owned marital home constitutes the predicate act of “criminal mischief,” pursuant to N.J.S.A. 2C:17-3, thereby supporting a finding of an act of domestic violence. Background The parties, husband,… Continue Reading

MEDDLESOME FAMILY MEMBERS AND THEIR ATTORNEYS SANCTIONED FOR INTERFERING WITH SON'S DIVORCE

Posted in Divorce, Practice Issues

Everyone knows that divorce and custody matters can be emotionally charged proceedings that tear away at the very fabric of a particular family.  Many of these cases, as family law practitioners know well, also involve family members who are willing to do whatever it takes to fight for and protect the interests of a divorcing son, daughter,… Continue Reading

THERE ARE RULES IN THE FAMILY PART? WHAT YOU TALKIN' ABOUT WILLIS?

Posted in Divorce, Practice Issues

Oftentimes, and with good reason, attorneys proclaim that family law litigation is akin to litigating in the proverbial “wild west”, where anything goes and rules mean little more to practicing attorneys than the paper on which they are written.  This appears to be even more so in the “non-dissolution” part (non-married couples embroiled in custody… Continue Reading

TRIAL COURT FOUND TO HAVE DENIED DUE PROCESS RIGHTS TO PRO SE LITIGANT IN DOMESTIC VIOLENCE MATTER

Posted in Domestic Violence, Practice Issues

Law is never easy.  Practicing law can be even less so.  How about going it on your own without an attorney?  Not everyone may know that a “pro se” litigant acting on his or her own behalf is expected to know all of the rules and law that apply to their given case.  However, going through the process… Continue Reading

WHO'S YOUR DADDY?

Posted in Child Support, Paternity

In a recent case, Passaic County Board of Social Services on Behalf of T.M. v. A.S., the New Jersey Family Court encountered a unique set of facts.  A mother of two twin girls sought to establish the paternity of her daughters in order that the father would be obligated to commence paying child support.  She… Continue Reading