I have written a bunch on this blog about the use of parent coordinators. In fact, one of the most read blog posts on this blog, almost 4 years after it was initially published, is titled The Futility of Parent Coordination...more
From time to time, we have written regarding pet custody, though there is very little case law on the issue. Historically, pets were treated as chattel (property) and courts did not enter custody and visitation orders for...more
I still hear people call the 2014 Amendments to the alimony statute “the new statute.” Almost 9 years later, it is no longer new. That said, since that time, there is still not a lot of law interpreting it other than several...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
For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more
Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the posts are also shared on a content aggregator, JD Supra which...more
The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more
12/20/2022
/ Alimony ,
Child Custody ,
Child Support Modification ,
Co-Parenting ,
Cohabitation ,
Coronavirus/COVID-19 ,
Divorce ,
Equitable Distribution ,
Family Businesses ,
Hedge Funds ,
Marital Assets ,
Marital Settlement Agreements ,
Name Changes ,
Parenting Plans ,
Parenting Time ,
Transgender ,
Vaccinations
I have blogged many times about the fact that there is no formula for alimony, and moreover, whenever a trial court imposes a formula, it is always reversed by the Appellate Division. In 2020, I blogged on the last reported...more
Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more
The proliferation of genetic testing, where you buy a kit and then send away saliva or scrapings from your cheek, to get your genetic history has certainly lead to many unintended consequences....more
Often, people resolve the issue of the marital home with one party buying the other out. While people often agree on the value of a home to use to calculate the buyout, sometimes, they can’t agree. In that case, people often...more
For more than twenty years, the case of Brown v. Brown, decided by the Appellate Division in 2002, essentially changed the standard of value in divorce cases from fair market value to fair value or fair market value without...more
When the alimony statute was modified in 2014, aside from making 67 the presumptive, good faith retirement age, it also included multiple standards for the court to consider when a party sought to terminate or modify alimony...more
For decades, cohabitation was grounds to at least get a review of alimony. When the alimony statute was amended in 2014, almost 8 years ago, the revisions made it easier for alimony payors to get out from under their alimony...more
Over the years, I have written a lot on palimony cases, both before and after the landmark Maeker v. Ross case that I argued in the New Jersey Supreme Court. On March 8, 2022, I blogged on the Supreme Court’s decision in the...more
Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry of a finding of domestic violence and the entry of a...more
The law in New Jersey regarding palimony continues to incrementally evolve, as I have blogged about in the past. A few years ago, I argued the Maeker v. Ross case in the New Jersey Supreme Court....more
While there are always exceptions to the rule, unlike most other assets, though I have seen it happen, businesses are rarely divided 50-50. Yet there is very little case law that explains why this is. In fact, until...more
When parties settle their cases, many if not most, expect that their agreement that they spent months or years negotiation will finally provide them with some peace. After all, if someone agrees to do something in an...more
The Family Court in New Jersey is a court of equity. Accordingly, old, if not ancient “equitable principles” or maxims are supposed to apply. One such maxim is that he who seeks equity must do equity. Over the course of...more
1/24/2022
/ Creditors ,
Divorce ,
Equitable Distribution ,
Failure to Comply ,
Hedge Funds ,
Marital Estate ,
Marital Settlement Agreements ,
Modification ,
Motion to Compel ,
Settlement ,
Unclean Hands
Even before COVID, in some counties, divorce trials were hard to come by due to backlogs and/or judicial shortages. Some counties ceased trials altogether for a time, even those trials that were underway. Then COVID...more
Over the past decade plus, I have written about the use, if not misuse/abuse of parent coordinators (PCs) many times on this blog. In fact, one of my most popular posts that continues to be read more than two and a half...more
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more
I saw an article this morning about people who brought their digital platform to prepare prenups to the show Shark Tank. I haven’t viewed their site and have no idea whether it is good or bad. But haven’t we all heard tales...more
One of the more difficult scenarios to deal with during a divorce is when the higher earner who will likely have to pay alimony and child support, loses her/his job through no fault of their own. The problem is exacerbated...more