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
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
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.
Continue Reading Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help
Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard
Continue Reading If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support
As I noted last month, there is a new court rule for parent coordinators effective September 1, 2023. At the time, they had not yet published the Guidelines.
Continue Reading New Guidelines and Forms for Parent Coordinators Published
The issue of gifting comes up with some frequency in family law cases. Generally, gifts from third parties that are not subsequently commingled are exempt from equitable distribution. Parties also
Continue Reading Is a Gift a Gift if You Don’t Know You Got it?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a
Continue Reading Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
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
In anticipation of this series, I reached out to some former clients and asked them: How could you have been better prepared for your divorce?
One client told me that
Continue Reading Be Prepared for Your Divorce Series: Part II – Gather Your Proofs