Articles for Lawyers

/Articles for Lawyers

Discovery: It’s Time to Turn the Tables

The rules have always been different for family lawyers. We can't take mortgages.1 We can't pay referral fees.2 There are page limitations on our Certifications.3 Our billings and requests for counsel fees pendente lite must be scrupulously specific. Even so, we often collect far less than the value of our services and are compelled to carry large receivables. We are treated differently than other litigators since the funds spent on the litigation process reduce the income and assets available to help family members meet necessary expenses, both before and [...]

By | 2017-05-17T22:02:18+00:00 September 6th, 2015|Articles for Lawyers|Comments Off on Discovery: It’s Time to Turn the Tables

To Get or Not to Get: The Role of the Family Court in Religious Divorces

In July, 1981, a New Jersey Superior Court judge ordered Barry Minkin to appear before a Jewish rabbinic tribunal, called a Bet-Din, and secure and deliver to his former wife, Brenda, a religious divorce (Get).1 New York's highest court entered a similar order in 1983 against Boaz Avitzur, compelling him to appear before the tribunal so that it could adjudicate his wife's request for a Get which, according to Jewish law, can only be obtained by the husband.2 Both decisions were grounded on contract where the civilly divorced Wife [...]

By | 2017-05-17T21:22:53+00:00 March 4th, 2015|Articles for Lawyers|Comments Off on To Get or Not to Get: The Role of the Family Court in Religious Divorces

Don’t make Children Pawns of Intrafamily Wars

As the Legislature goes back into session, the Senate is about to take up consideration of a measure, unanimously passed by the Assembly last June, that constitutes an unprecedented intrusion into the intact family and may severely hamper the right of parents to make decisions in their children's best interest. The bill, A-979, allows grandparents and siblings of any child to apply for visitation without regard to whether the child's parents are living or dead, married or divorced. The proposed statute sets no criteria for the court to consider [...]

By | 2017-05-17T21:18:05+00:00 March 4th, 2015|Articles for Lawyers|Comments Off on Don’t make Children Pawns of Intrafamily Wars

Annulment: Antediluvian Relic or Sleeping Giant

Annulment, like divorce, creates a statutory exit route from a marriage or civil union. However, that is where the similarity ends. A judgment for annulment creates the legal fiction that the marriage never existed and its record can be excised from the government registry. The focus, in annulment actions, is on establishing the cause of action, which, except under very limited circumstances, must be done by clear and convincing evidence. It is noteworthy that civil annulment and religious annulments are completely unrelated and it is not necessary to have [...]

By | 2017-05-17T22:04:42+00:00 October 15th, 2009|Articles for Lawyers|Comments Off on Annulment: Antediluvian Relic or Sleeping Giant