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 […]
The Curious Case of Michael D. Jones, Deceased and the Need to Change Beneficiary Designations Post-Divorce
Savings bonds. Who still has savings bonds anyway? Well, a lot of people, and it is a common issue in divorce cases. Any asset acquired during the marriage is subject to equitable distribution. Even a savings bond, which would be held in the name of one spouse. The resolution of the issue is simple. Either […]
Can a Final Restraining Order be vacated in New Jersey?
In a word yes. In New Jersey, Final Restraining Orders (FRO) are considered final – like forever. The FRO will remain in effect until the plaintiff dismisses it voluntarily or the court vacates the order upon motion by the defendant. When an FRO is issued the defendant will be placed in the domestic violence registry […]
How does the Court Equitably Distribution Assets in a Divorce?
Marriage is a shared enterprise and, as a result, when a marriage is dissolved, the assets acquired during the marriage should be fairly divided by the parties. The court is required to conduct a three-part analysis when determining whether to distribute an asset. First, the court must identify which assets, existing at the time the […]
Equitable Distribution of Assets & The Legal Basis for Valuation of Businesses in Divorces
New Jersey is an equitable distribution state. This means, in plain terms, that the assets and liabilities acquired during a marriage are distributed fairly regardless of whose name they are in. One such asset is what we call a closely held business. A closely held business is owned by an individual or small number of […]
What’s in a name?
After 40 weeks the baby arrives and you are presented with paperwork to complete to identify the name of the child and the father. Usually, this is not a daunting task as you have had sufficient time to discuss the name and you are both in agreement. If you are not married it is possible […]
In domestic violence cases defendant’s must be given the opportunity to retain counsel
In L.B.G. v. A.T.G., an unpublished NJ appellate court decision on March 26, 2024, the court again considered the issue of right to counsel in a domestic violence matter. This is not the first time the higher court has considered this issue and the outcome is consistently the same. The facts are fairly simple and […]
Paternity Laws in New Jersey and Beyond
Recently one of the Fellows on the Legislation Committee raised a question regarding the paternity laws of the various states. The query related specifically to an issue related the voluntary acknowledgment of paternity. If you have served on a committee (which I highly recommend) you know what came next. A flurry of responses from Fellows […]