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

Tag Archives: Roseland Divorce Attorneys

The Lawyer the Liar

Posted in Practice Issues

The way things have gone lately, I thought it was time to reprise this blog post, originally published in April of 2014.  It is unfortunate for the system and the litigants to have to endure the misrepresentations by people who should know better. I like a good joke as much as the next person.  That… 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

CHANGING YOUR NAME POST DIVORCE

Posted in Divorce, Modification, Other

In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons why to or not to change from… Continue Reading

DO NOT BE THAT DIVORCE LITIGANT

Posted in Practice Issues

There are always going to be those divorce litigants that, no matter what we say or do as the divorce lawyer, he or she is going to do what they want.  Legal advice, no matter how costly, falls on deaf ears, only leading to more counsel fees and issues to address in an ongoing matter. … Continue Reading

HOW IS MARITAL LIFESTYLE DEFINED – DOES GNALL HELP WITH THE ANSWER?

Posted in Alimony, Child Support, Practice Issues

Yesterday, I blogged on the Gnall case for the proposition that it appears to say that a 15 year marriage automatically merits permanent alimony.  There were other interesting issues in Gnall too.  Particularly interesting was the discussion of marital lifestyle.  This issue is often vexing, and while there is a lot of discussion regarding marital… Continue Reading

DOES NEW DECISION STRETCH RELOCATION STANDARD TO ITS LIMITS? NOT SO FAST…

Posted in Custody

In the newly published decision of Benjamin v. Benjamin out of the Ocean County Family Part, which has released several reported decisions within the past few years, the court held that having a guaranteed job in another state is not a mandatory prerequisite for it to approve a custodial parent’s request to relocate to another state with… Continue Reading

IMPUTATION OF INCOME IN THE WORLD OF ADVERTISING

Posted in Alimony, Divorce, Practice Issues

Reading the recently unpublished (not precedential) Appellate Division matter of Connaughton v. Connaughton  brought me back to my days of toiling as an account executive at an advertising agency in Manhattan. Our team often worked long hours and frequently traveled for client meetings, commercial shoots, and the like.  Advertising also was and remains notorious for forcing account and… Continue Reading

SOUR GRAPES AND A ROTTEN APPLE – WHEN RECONSIDERATION IS MORE LIKE FRUIT SALAD

Posted in Practice Issues

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Deciding Whether to Settle or Defend Yourself Against a Persistent and Financially Superior Spouse

Posted in Practice Issues

Reading and considering Eric Solotoff’s blog from earlier this week regarding the benefits of settlement, it is also critical to know when to settle and, quite frankly, whether to settle at all. This especially applies to those current or former spouses who simply cannot afford to litigate against a financially superior former spouse. This situation… Continue Reading

DIVORCE FROM A MENTAL HEALTH PROFESSIONAL'S PERSPECTIVE

Posted in Custody

Fox Rothschild’s New Jersey Family Law Legal Blog welcomes Kelly Sutliff, MA, LPC, NCC, a licensed professional counselor with Kelly Sutliff, LPC, located in Madison, New Jersey, as a guest blogger. Having known Kelly for over ten (10) years and speaking at length with her about the trauma that many children suffer through as a… Continue Reading

In a Long Term Marriage, Length of Marriage May Trump Age in the Alimony Calculus

Posted in Alimony

Sandra C. Fava is a contributor to the New Jersey Family Legal Blog and a member of Fox Rothschild’s Family Law Practice Group in the Roseland, New Jersey office. Sandra exclusively practices family law throughout New Jersey. She is a former law clerk in the Morris County Superior Court, Family Part and has experience in all areas of family law and family law litigation. You can reach Sandra at (973) 994-7564, or sfava@foxrothschild.com.

Domestic Violence: Bad Haircuts and an Unwanted Hug Can Constitute Harassment

Posted in Domestic Violence

This post was written by Melissa M. Ruvolo, a new Family Law associate, in our Roseland office, and soon to be an official contributior to this blog. Our blog frequently features discussions regarding what constitutes domestic violence to warrant the issuance of a Final Restraining Order (FRO). Perhaps the most frequently alleged “predicate act of… Continue Reading

WHAT IS AN ANTI-LEPIS CLAUSE AND CAN IT BE MODIFIED?

Posted in Alimony

When parties resolve their divorce via a settlement agreement, can they agree that neither party will seek to modify the agreed upon terms of alimony and child support?  In New Jersey, a court may generally modify a support obligation at any point in time to achieve equity inherent in this State’s alimony law.  For instance,… Continue Reading

HOW TO PREPARE FOR THAT INITIAL DIVORCE CONSULTATION

Posted in Alimony, Child Support, Custody, Divorce, Practice Issues

Visiting a divorce attorney for an initial consultation can be a difficult and intimidating proposition.  For some, it is the realization that their marriage may be over.  For others, it is simply the discussion of such deeply personal matters with a stranger. Nerves or trepidation aside, the main purpose of the initial consultation is to… Continue Reading

The New Year's Resolution Divorce – Redux

Posted in Divorce

Last year I wrote the indented piece below about the "New Year’s Resolution Divorce."  We got a lot of response to that post, including it being cited elsewhere, so I thought I would re-run it. Over the years, I have noted that the number of new clients spikes a few times of the year, but most significantly right… Continue Reading