Holiday Parenting Time

As the holidays approach, most people’s stress levels increase. When you’re going through a divorce, the holidays add immeasurably to the nearly constant stress you’ve been experiencing. And, when you have children, stress can increase geometrically.This is the time when parents must summon every bit of self-control and rationality possible from deep within. Children look forward to holidays. They also love their parents. It is, therefore, essential that both parents put aside their anger and hurt so that the holidays will be as happy and fulfilling for the children as [...]

By | 2017-03-03T21:50:57+00:00 December 3rd, 2013|Holidays|Comments Off on Holiday Parenting Time

The Family Court

People often wonder what the Family Court does and why divorces seem to take so long.  That is a complicated question, but it has mostly to do with the several types of cases the Family Court must hear, the proliferation of cases of each type, and a shortage of resources to address each case.In New Jersey, trial Courts are called the Superior Court.  The Superior Court consists of the Civil Part, the Criminal Part and the Chancery Division.  The Family Part (or Family Court) is part of the Chancery Division.The [...]

By | 2017-03-03T21:58:09+00:00 November 3rd, 2013|Family Court|Comments Off on The Family Court

Domestic Violence

Domestic Violence has become an all too common phenomenon in American society.  In response to this burgeoning problem, New Jersey enacted the Prevention of Domestic Violence Act in 1991.  Since then it has been amended several times in an effort to better address the needs of victims for protection and the behavior of the perpetrators of the violence. Domestic violence is specifically defined in the statute and includes attempted murder, assault, harassment, stalking, kidnapping and terroristic threats.  There are other offenses that may also constitute domestic violence under the [...]

By | 2017-03-03T22:10:51+00:00 October 3rd, 2013|Child Support|Comments Off on Domestic Violence

DOMA Is Dead

On June 26, 2013, by a 5-4 vote, the Supreme Court of the United States ruled that certain provisions of the Defense of Marriage Act (DOMA) were unconstitutional.  Specifically, the statute’s denial of several significant federal rights to homosexual couples who were legally married in states that recognize same sex marriages was a denial of their right to equal protection under the Fourteenth Amendment.Prior to the Court’s decision, same sex married couples could not file joint income tax returns.  Divorced same sex couples could not claim a tax deduction for [...]

By | 2017-03-03T22:17:20+00:00 September 3rd, 2013|DOMA|Comments Off on DOMA Is Dead

Prenuptial Agreements

When Jerry Seinfeld’s friend George Costanza got cold feet about getting married, he tried to scare off his fiancé with two words – “Pre Nup.” It didn’t work for him, but frequently the idea of a prenuptial agreement puts a damper on the romance of marriage. It can turn a wedding into a business deal and can sometimes end an engagement. And, yet, in some cases, it is advisable.Prenuptial agreements (called Premarital Agreements in New Jersey) are more popular for people about to enter into second (or third or fourth) [...]

By | 2017-03-03T22:23:30+00:00 August 3rd, 2013|Prenuptial Agreements|Comments Off on Prenuptial Agreements

Permanent Alimony

Permanent alimony is the most traditional, and for some, the most feared form of alimony.  It began a long time ago as a way to address the financial needs of the dependent spouse after divorce and forever after.  Back then the dependent spouse was almost always the wife who had assumed the traditional gender role as homemaker or housewife (ancient terms) and mother.  Nearly all women were ill-equipped to be financially self-sufficient after divorce or even to contribute economically to their own support. Thus, alimony designed to support the [...]

By | 2017-03-03T22:32:01+00:00 July 3rd, 2013|Alimony|Comments Off on Permanent Alimony

Financial Experts

Often a spouse’s interest in a small business or a professional practice is an asset subject to equitable distribution. A restaurant, a software company, an architectural practice and a law firm are examples of assets that may have to be divided as part of the divorce.  In order to equitably distribute this type asset, its value must first be established.  Since there is usually no readily available comparable sales data to consult in reaching an estimate of value, other methodologies have been devised by accountants and courts to calculate value [...]

By | 2017-03-03T22:37:04+00:00 June 3rd, 2013|Equitable Distribution|Comments Off on Financial Experts

Mediation And Arbitration

Often people confuse the concepts of mediation and arbitration.  Both fall under the general heading of Alternate Dispute Resolution or ADR.  ADR is a means by which to encourage and even facilitate a resolution of legal disputes outside the Court system.  For a variety of reasons, not the least of which are an increase in the number of cases and a decline in the number of court personnel resulting from budgeting constraints, case backlogs are increasing at an alarming rate.In an effort to move disputes through the system faster, our [...]

By | 2017-03-03T22:42:32+00:00 May 3rd, 2013|Mediation And Arbitration|Comments Off on Mediation And Arbitration

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