I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more
9/3/2024
/ Child Custody ,
Co-Parenting ,
Divorce ,
Family Law Courts ,
Joint Custody ,
Mediation ,
Mental Health ,
Parenting Plans ,
Parenting Time ,
PTSD ,
Reversal
It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more
The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more
Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...more
One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where there is barely enough money to go around to support an intact...more
Parental alienation cases are hard. They are hard for the alienated parent. They are hard on the Judge, who may not have the tools or the time to effectively deal with the problem and/or otherwise, initially dismiss the...more
So you are in court or maybe on a conference with a judge and you make a factual statement about the other side. Maybe it is about some less than stellar conduct of the other party. Maybe it is about a violation of an Order....more
A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more
3/12/2021
/ Appellate Courts ,
Arbitration ,
Binding Arbitration ,
Case Management ,
Coronavirus/COVID-19 ,
Court Closures ,
Divorce ,
Evidence ,
Eyewitness Testimony ,
Family Law Courts ,
Mediation ,
Settlement Conferences ,
Zoom®
Two common questions I hear from potential clients, as well as the general public, are (1) are the courts open and (2) can people even file new matters (divorce, enforcement, modification, etc.) Some express shock when then...more
Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post, I Googled...more
As we have said before, the 2014 amendments to the alimony statute allegedly made it easier to terminate alimony if the recipient of the alimony was cohabiting. The statute now provides that alimony may be terminated or...more
Prior to the current coronavirus pandemic and resulting shelter in place orders, in many counties, there was already serious backlogs. What that means is that trial dates were hard to come by and even motions were scheduled...more
An all too familiar, if not overused, term to describe all thing Covid 19/Corona virus is “unprecedented.” In an attempt to avoid politics, whether any of this was foreseeable or not, there is no dispute of the absolute...more