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 […]
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 […]
Child Support Trusts
Inevitably the most frequently asked question in a case involving child support is: What if the payor doesn’t make a payment? Non-payment may result from any number of reasons ranging from loss of employment to apathy to malicious non-compliance. More often than not, child support is paid and paid in a timely manner. The state […]
When family court meets pet court… Is dog custody a thing?
When families are separating it is more than just children that can be placed in the middle of a dispute. Family pets are often a topic raised by spouses who are separating. While you dog, cat, fish, rabbit, or other fur baby, may be an integral part of the family, the law views pets as […]
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, and what is it 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 […]
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In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement.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 […]
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 […]
Are mid-marital agreements valid in NJ?
Does everyone know what a pre-nuptial agreement is? Well, if you don’t, it is an agreement signed before a marriage between the couple. In order for the agreement to be enforceable, it must comply with the NJ statute on pre-nups. That statute is for another blog. Here we are focused on an agreement signed between […]
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 […]
Why do we care about goodwill in divorce?
Lately there have been more and more people leaving traditional jobs and taking consulting positions. Is a solo consultant considered a business to be valued in a divorce? Also, more companies have been treating employees as independent contractors asking them to set up an LLC to be paid. Is that LLC considered a business in […]