Archive: 2017
Out-of-State Relocation Standard in Divorce Cases Changed to “Best Interest” Analysis
Aug 17, 2017 | Written by: | Share
In New Jersey, the statute N.J.S.A. 9:2-2 allows a parent to relocate out of state with the parties’ children if the other parent agrees or if the court issues an order allowing the move. In cases...
Name Change of a Minor in the Twenty-First Century
Aug 11, 2017 | Written by: | Share
In June 2017, the trial court published an opinion addressing a matter of first impression in the State of New Jersey[i]. Plainitff, the mother of the 16-year-old child, petitioned the Court to...
Court Rules Against Employer for Not Accommodating Employee’s Religious Belief of “Mark of the Beast”
Jun 28, 2017 | Written by: | Share
Recently, the Fourth Circuit Court of Appeals upheld a near $600,000 award against an employer for failing to accommodate an employee’s religious belief after a biometric hand scanner was installed...
What Happens If Your Divorce Case Goes to Trial?
Jun 23, 2017 | Written by: | Share
The goal of every person getting divorced should be to settle the case as quickly, painlessly and inexpensively as possible. There are many ways to settle a divorce case, including through the...
What Happens When You Don’t Have an Estate Plan?
Jun 16, 2017 | Written by: | Share
There are two ways in which your property can be apportioned to family and friends after your passing.
Should I File a Motion in the Midst of a Divorce Settlement?
Jun 15, 2017 | Written by: | Share
One of the most frequently asked questions in a divorce, custody, or support proceeding is “when and how do I get before the judge to have him/her decide my case/issue?” Unfortunately, it is a...
City’s Delay in Abating Dangerous Condition Deemed Not Unreasonable
May 23, 2017 | Written by: | Share
The Appellate Division recently held that a delay of more than one year in abating a “dangerous condition” was not “palpably unreasonable” because the municipality was required to publicly bid...
Court Finds That Uncooperative OPRA Litigant is Not Entitled to Attorney’s Fees
May 22, 2017 | Written by: | Share
Typically, a prevailing party in a lawsuit seeking disclosure of records under the Open Public Records Act (OPRA) is entitled to attorney’s fees. N.J.S.A. 47:1A-6. However, the Court held in...
The Right of First Refusal for Parenting Time…a Blessing or a Curse?
Apr 24, 2017 | Written by: | Share
Many parents want to include a right of first refusal provision in their custody and parenting time or marital settlement agreements. Such a clause requires a parent to contact the other parent if...
Appellate Division Confirms that Personal Information on OPRA Requests Is Protected from Public Disclosure
Apr 7, 2017 | Written by: | Share
The Appellate Division recently upheld a trial court’s determination that telephone numbers, home addresses, and email addresses of OPRA (Open Public Records Act) requestors could be redacted in...