Publications

/Publications/

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

Sharing College Costs After a Divorce

One of the most difficult issues facing divorced parents is financing the college education of a child.  Since income which use to be available for one household must now support two, there is usually little opportunity to accumulate savings.  Psychological issues often intervene between parents and their maturing children and unresolved anger from the divorce resurfaces.  While it is nearly impossible to guarantee that both parents will contribute according to their financial ability, there are some strategies which will increase the likelihood that the child will receive financial help from [...]

By | 2017-03-06T21:09:56+00:00 March 4th, 2015|College Costs, Divorce|Comments Off on Sharing College Costs After a Divorce

Getting From The Starting Line To The Finish Line

The question I am often asked is: “How long will my divorce take?” The short answer is: “It depends.” However, that seemingly simple question really requires a fairly complicated answer. Divorce cases can only end two ways: an agreement of the parties (as the overwhelming majority of them do) or a decision by a judge after a trial. Agreements result from a series of compromises as the spouses give and take in an effort to reach common ground. Trials take place when one or both spouses conclude that compromise [...]

By | 2017-03-01T17:17:47+00:00 January 27th, 2015|Divorce|Comments Off on Getting From The Starting Line To The Finish Line

More FAQ’s

Q:    I don’t want a divorce.  Can I stop it or, at least, delay it until my spouse comes to his senses? A:    This is a question often asked by a spouse who is blind-sided by the news that his spouse wants a divorce.  Contesting the divorce itself is rare because the legal standards for proving the grounds and obtaining a divorce are not very stringent.  A spouse who wants a divorce will, virtually always, get one.  Contesting the divorce only delays the inevitable.  Although delay is possible, it almost [...]

By | 2017-03-01T17:24:53+00:00 December 1st, 2014|Divorce|Comments Off on More FAQ’s

FAQ’s

Q:  What are the grounds for divorce in New Jersey? A: There are several traditional fault grounds, but the most common ground is irreconcilable differences, which is considered a no-fault ground. Q:  Does fault matter? A: Except in the most egregious cases, like the attempted murder of a spouse, the Supreme Court has ruled that fault is irrelevant to economic issues. Q: How long will it take to get a divorce? A: Although it varies, depending on the facts and complexity of each case, most divorces take ten to [...]

By | 2017-03-01T17:33:37+00:00 July 1st, 2014|Divorce|Comments Off on FAQ’s

College Costs

The ever increasing cost of post high school education, whether college, vocational school or something else, isa serious concern for many parents today. It is an extraordinary cost that many divorcing parents of teenagers must give seriousconsideration. College costs include the more obvious expenses – tuition, room and board, books and required fees. Nowadays, however, the list of often included expenses also encompasses SAT/ACT review courses and registration fees, transportation to and from college several times per year, trips to visit colleges the student is considering applyingto and application fees. Sometimes [...]

By | 2017-03-01T17:45:12+00:00 June 1st, 2014|College Costs|Comments Off on College Costs

Changed Circumstances – Part II

Last month I promised we would look at examples of changed circumstances – some that justify modification of an order or agreement and some that do not.  So, here they are. One would expect that a downturn in one’s economic circumstances would always justify a reduction in or termination of a support obligation.  Not always.  Cases are fact sensitive and the specifics of each case and the totality of the circumstances must be analyzed.That is why the loss of a job does not, in and of itself, justify a modification.  [...]

By | 2017-03-01T17:51:22+00:00 May 1st, 2014|Divorce|Comments Off on Changed Circumstances – Part II

Changed Circumstances

Changed circumstances is a term that often affects people years after they thought their legal problems ended when the divorce was granted. Common in divorce and extremely rare in other areas of the law, changed circumstances can often change court judgments or agreements of the parties.Why? In family law there is a recognition that court orders and agreements largely look forward, whereas other types of litigation generally look to redress past grievances. Once that grievance is redressed by a monetary award, the relationship between the plaintiff and the defendant is [...]

By | 2017-03-01T17:57:28+00:00 April 1st, 2014|Divorce|Comments Off on Changed Circumstances