I’m Getting a Divorce, Should I Change my Will? Yes!
As a general matter, you should update your Last Will & Testament (Will) whenever you have any significant changes in your life. If you get married, have children (or another child), if you inherit money, buy property, win the lottery… update your Will to reflect these changes. You should also consider updating your Will during […]
Stipulating to the Marital Standard Living in your MSA Can Save Time and Money Later
If you are going to be paying or receiving alimony in a divorce you have the ability to stipulate to the marital standard of living in your agreement. In most divorces, the parties cannot agree on what the standard of living was and so they do not. Rather, their agreement simply has standard language that […]
You can tag “ADR” “Mediation” “Arbitration” “harm to child” “parental rights” “best interests” “parenting coordinator” – this is actually a good one for a lot of different areas.
Courts may exercise jurisdiction to protect the welfare of a child even if the parties agreed to use alternative dispute resolution. In a divorce or custody case, the parties can agree to mediation or arbitration of all issues relating to custody and parenting time. In Fawzy v. Fawzy, 199 N.J. 456, 461-62 (2009) the NJ […]
Clarity is Key in Interpreting Alimony Provisions in Your Settlement Agreement
When the parties in a divorce agree to alimony provisions, the terms are often hotly contested and both attorneys will seek the most advantageous language for their respective clients. While there are common terms or “boilerplate” provisions for many different parts of matrimonial settlement agreements, drafting the alimony provision requires careful consideration. In the context […]
Cooperating about college: No is not a complete answer.
It’s June and the time to think about paying for college in the Fall for your recent high school graduate is here. Well, it probably should have been here a few months ago when the college selection process was in full swing. In New Jersey parents can be compelled by the family court to contribute […]
Alimony and Retirement: A new way for courts to analyze motions
In the recent published case of Voynick v. Voynick, the appellate court considered the legal standard to be applied in an application for termination or modification of permanent alimony under N.J.S.A. 2A:34-23(j)(3) based on the retirement of a payor when the judgment or order establishing the alimony obligation was entered prior to the 2014 amendment […]
Is posting on Pinterest about my ex, harassment? Maybe not.
In a recent unpublished domestic violence appeal, the defendant posted on Pinterest over the course of several months various posts about himself and the plaintiff. He posted about their relationship and his affection toward her. None of the posts were violent or threatening. None of the posts were directed toward her. Rather, the posts (from […]
What is a motion for reconsideration?
When you file a motion with the trial court you are asking the court to decide a limited issue, enforce a prior order, or make a change to an existing order. Frequently, judges decide these motions and you may not be happy with the decision. There are a few options. You can appeal the decision, […]
Silver v. Silver and the Two-Part Analysis for Final Restraining Orders
In the case of Silver v. Silver, 387 N.J. Super. 112 (2006), the appellate court set forth a two-part test to be applied by a trial judge in determining whether the entry of a Final Restraining Order (FRO) is appropriate. First, the judge must determine whether the plaintiff has proven, by a preponderance of the […]
Who is telling the truth? The difficulty of proving allegations in a domestic violence case.
In a recent unpublished court decision, the trial court was presented with two wildly different versions of what transpired between the plaintiff and defendant in a domestic violence case. The plaintiff testified that the parties were ending a relationship. Plaintiff went to a hotel and defendant masked his identity to connect with him on a […]