Topics

Adoption

Equitable Adoption and Intestacy: How Paternity Issues Can Complicate Your LegacyNew York Appellate Court Issues Remand of Trial Court Decision in Notable Same-Sex Custody MatterCould Service of Process Via Facebook Be the Way of the Future?

Alimony

Apples to Oranges - Pendente Lite Support vs. Support After TrialYes, A 29 Year Marriage Warrants Open Durational AlimonySo Alimony Formulas are Sometimes OK?

Appellate Practice

Guardian Ad Litem for a Litigant - Keeping the Role in CheckDelay, Waiver & Law of the Case DoctrineOff-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing

Child Support

When Parenting Time is 50-50, There Isn't Usually a Parent of Primary Residence (PPR)If No Child Support Order Exists, You Don't Need to Show a Change of Circumstances to Establish Child SupportA Child's Disability Can Prevent Emancipation

Civil Unions and Domestic Partnerships

Be Prepared for Your Divorce Series: Part III - Litigation, Mediation, or Arbitration?Good Cause to Seal Name Change Applications for Transgender LitigantsI’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?

Cohabitants' Rights

Pervasive Family Law Themes in Reality TV Part IAppellate Division Applies Moynihan Palimony Decision RetroactivelyDo I Need a Lawyer for My Palimony Agreement? Supreme Court Says No!

College

Appellate Division Reverses Court Imposed Cap on College ContributionsChild Support and Residing Away from Home at Boarding School: the Logical Extension of the College Support AnalysisAlienating Your Kids from Their Other Parent May Cost Your Kids Big When it Comes to Child Support and College.

Counsel Fee Awards

Off-the-Record Comments & the Right to an Impartial Final Restraining Order HearingTHIS IS WHAT HAPPENS WHEN YOU ARE SELF-EMPLOYED AND PLAY GAMES WITH YOUR INCOMECOUNSEL FEE AWARDS FOR CHILD-RELATED LITIGATION CAN BE QUALIFIED AS SUPPORT TO RESTRAIN THE OBLIGOR DISCHARGING THE OBLIGATION IN BANKRUPTCY - BISBING II

Custody

Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?Moving Closer and a Child's Maturation Can Be Changed Circumstances to Modify CustodyWhen Parenting Time is 50-50, There Isn't Usually a Parent of Primary Residence (PPR)

Divorce

Pervasive Family Law Themes in Reality TV Part IAmending a Complaint or Counterclaim for Divorce Remains Freely and Liberally PermittedAppellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

Domestic Violence

Court Can't Decide Mid-Trial Motions to Dismiss in DV Cases Based on CredibilityYes, The Fifth Amendment Does Apply to Domestic Violence ProceedingsCyber Harassment Gives Rise to FRO In Case That Emphasizes Importance of 'Four Corners"

Equitable Distribution

Don't Be Surprised if There is Rough Justice When You Sleep on Your RightsNo, Courts Cannot Just Adopt A Court Appointed Expert's Opinion Without a Cross ExaminationAppellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

Estate and Trust Issues

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies RetroactivelyThe Black Hole is Closed - New Law Permits Equitable Distribution When Party Dies While a Divorce is PendingThe Intersection of Family Law, Estate Law and Federal Law

General NJ Family Law News & Updates

Pervasive Family Law Themes in Reality TV Part ICyber Harassment Gives Rise to FRO In Case That Emphasizes Importance of 'Four Corners"New Appellate Division Decision on Importance of Arbitration Agreement Formalities: A Cautionary Tale

Grandparent Visitation

Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does HelpA Court Actually Found Alienation and Did Something About It - How NovelDo Parents have to Consent to Relatives Becoming Psychological Parents?

Interspousal Agreements

Supreme Court Decides Cardali - Prima Facie Case of Cohabitation Now Easier to ShowReligious Coercion is Legal DuressDelay, Waiver & Law of the Case Doctrine

LBGTQ Issues

Top 10 Divorce Trends in 2022Good Cause to Seal Name Change Applications for Transgender LitigantsI’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?

Mediation/Arbitration

Jewish Divorce Talk Season 1 Recap: A Season of InsightsReligious Coercion is Legal DuressBe Prepared for Your Divorce Series: Part III - Litigation, Mediation, or Arbitration?

Modification

Moving Closer and a Child's Maturation Can Be Changed Circumstances to Modify CustodyYes, Parties Can Agree to Waive the Change of Circumstances StandardI Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances

Palimony

Is a Gift a Gift if You Don't Know You Got it?Top 10 Posts Read in 2022 - JD Supra styleAppellate Division Applies Moynihan Palimony Decision Retroactively

Paternity

Temporary Absences & Custody Determinations under the New Jersey UCCJEA23 and Not MeJurisdictional Concerns & Paternity Actions

Practice Issues

Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?Court Can't Decide Mid-Trial Motions to Dismiss in DV Cases Based on CredibilityMoving Closer and a Child's Maturation Can Be Changed Circumstances to Modify Custody

Prenuptial Agreements

Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!Top 10 Divorce Trends in 2022A Website for Prenups -Good Use of Technology or a Recipe for Disaster?

Privacy and Confidentiality

Beware Of These Social Media Blunders If You’re Going Through a DivorceWhen Divorce is ClickbaitTo Represent, or Not Represent: That is the Question

Property Settlement Agreements

A Trial Is Not The Only Way To Settle Your DivorceOrder Invalidating Settlement Agreement Because Parties Didn't Formally Answer Discovery is Overturned by the Appellate DivisionGuardian Ad Litem for a Litigant - Keeping the Role in Check

Resources

Navigating Parental Alienation and Narcissism in the Jewish Community: A Closer Look at Challenges and SolutionsDo Not Sign Agreement to Arbitrate Without the Advice of a LawyerTo Represent, or Not Represent: That is the Question

Retirement

Yes, A 29 Year Marriage Warrants Open Durational AlimonyDelay, Waiver & Law of the Case DoctrineTop 10 Posts of 2022

Tax Issues

Like Big Foot, A "Sheridan" SightingThe New Year's Resolution DivorceWill 2018 Be the Year of the Divorce - Will The New Tax Laws Cause A Race to Get Divorced By 12/31/18?

Visitation/Parenting Time

Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?Moving Closer and a Child's Maturation Can Be Changed Circumstances to Modify CustodyWhen Parenting Time is 50-50, There Isn't Usually a Parent of Primary Residence (PPR)