Publications

/Publications/

The Science of Paternity

A CHILD BORN - when the mother is married or within 300 days of the end of the marriage (either by death or divorce) is presumed to be the child of the husband. The presumption can be challenged, but the challenger must prove that he is not the father by clear and convincing evidence. A child born to an unmarried woman enjoys no such presumption. In those cases any man who hadsexual intercourse with the mother within 300 days of the child’s birth may find himself in a paternityaction. In [...]

By | 2017-02-25T17:15:03+00:00 December 25th, 2015|Paternity|Comments Off on The Science of Paternity

Buyer’s Remorse

In other words people tend to second guess themselves after making a difficult decision. This often occurs after a person going through a divorce settles his case. Did I make the right decision? Could I have made a better deal? Why did she/he agree (seemingly) so easily? Would she/he have given more? In this context, buyer’s remorse can be all-consuming – even paralyzing. There are, however, several important concepts to keep in mind. First, settlements are compromises. You have to give to get. In fact, your spouse is undoubtedly having [...]

By | 2017-02-25T17:22:48+00:00 November 25th, 2015|Buyer's Remorse|Comments Off on Buyer’s Remorse

Property FAQ’s

Q: What property is subject to division in a divorce? A: New Jersey law requires an equitable distribution of all assets, whether real or personal, acquired during the marriage. In other words, assets acquired between the date of the marriage and the date on which the complaint for divorce was filed are generally subject to division. Q: Are there exceptions? A: The statutory exceptions are gifts from third parties  (i.e., someone not your spouse) and inheritances. The legislature reasoned that dividing these assets would (1) bestow a windfall on the [...]

By | 2017-02-25T17:34:10+00:00 October 25th, 2015|Property|Comments Off on Property FAQ’s

Discovery

When you’re going through a divorce, discovery is a word you see and hear a lot.  What is discovery? Generically, discovery is the term for gathering the information you need to intelligently settle your case or failing that, presenting your case to the family court judge at trial.  Discovery takes many forms and the form and extent of discovery should be tailored to the facts and claims unique to each case.  Discovery can be expensive, so it’s doubly important to make sure that you engage in only the discovery [...]

By | 2017-02-27T22:05:26+00:00 September 27th, 2015|Discovery, Divorce|Comments Off on Discovery

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

More Expectations

Many years ago I represented a very nice woman. She made a nice appearance, spoke well and was polite. As mightily as we tried, we just couldn’t settle her case and wound up going to trial. I prepared her for her testimony, counselled her about how to act, and told her what to expect when we got to court. We agreed that she would wear a skirt and blouse or a dress.We were ready, I thought. She arrived at court wearing a very nice knee length dress and a cardigan [...]

By | 2017-02-27T22:13:46+00:00 August 27th, 2015|Divorce|Comments Off on More Expectations

Expectations

For most people going through a divorce, it is their first experience with the legal system and with a lawyer. So, what can you expect? Indeed, what should you expect?CANDORYou should expect to be candid with your lawyer. Your lawyer can only help you and protect your legal rights if you tell him everything. Holding back puts him at a disadvantage, which puts you at a disadvantage. The last place your lawyer wants to learn something about you is from your spouse’s lawyer.Conversely, you should expect candor from your lawyer. [...]

By | 2017-02-27T22:40:31+00:00 July 27th, 2015|Divorce, Professionalism|Comments Off on Expectations

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

A Kinder Gentler Way to Divorce

The words "I want a divorce" are among the most devastating ever uttered. Hearing them can make you feel as though your world has spun off its axis. They can destroy your self esteem. You may feel as though you have failed in the most important relationship in your life. You worry about whether you will be kept from your children, whether you will be able to continue your lifestyle and even whether you will have the money to pay your bills. People treat you differently. The friends with [...]

By | 2017-03-06T21:10:51+00:00 March 4th, 2015|Divorce|Comments Off on A Kinder Gentler Way to Divorce