Capacity to Contract and Divorce Settlements

In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement. The defendant signed a settlement agreement and then later claimed that she lacked the mental capacity to understand what she was doing. The trial court held a hearing and enforced the agreement. After […]

When Do You Need a Trial to Determine College Contribution?

In the recent unpublished decision of Moore v. Terrell, (NJ Appellate Division, decided on April 29, 2024), the court again considered the issue of college contribution. Here the defendant sought to emancipated the parties’ child upon her graduation from college. In response, the plaintiff said, “Ok, but defendant needs to keep paying for the loans […]

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 […]

Is Alimony an Issue in Your Divorce?

While alimony is one of the most important matters in divorces, not every divorce case deals with alimony. Alimony is an issue if either you are requesting financial support from your spouse or your spouse is requesting support from you. The experienced attorneys at Baker Legal Group, LLC have many years of experience in dealing […]

What Am I Paying Child Support for and How Can I Make Sure It Is Going to the Child?

Two common questions by child support payors (or obligors) are what is my child support supposed to be used to pay for? Likewise, many people who receive child support (the payee or obligee) have a similar question: What does the child support cover with respect to the child’s expenses? Whether you’re responsible for paying child […]