Blog Category: Family Law
Emancipation in the Context of Family Law
Sep 28, 2015 | Written by: | Share
When a layperson encounters the term "emancipation," he or she is likely to harken back to the Civil War and the famous Proclamation issued by then President Lincoln declaring all slaves to be free as...
The Ten Most Common Mistakes People Make As They Go Through A Divorce
Sep 14, 2015 | Written by: | Share
Based on my experience, the top ten mistakes people make when going through a divorce are:
Overnight Visits By Boyfriend/Girlfriend During Parenting Time
Sep 2, 2015 | Written by: | Share
In many divorces, the financial and custody issues will be resolved and, at the eleventh hour, just as everyone is getting ready to sign the final papers, one party asks, “is my girlfriend/boyfriend...
What Is Discovery?
Aug 17, 2015 | Written by: | Share
Discovery is part of the litigation, or court process, in divorce cases as well as all types of litigation. Discovery is exchanging all relevant information about any issues in the case. This can be...
Can the Court Compel Parenting Time?
Aug 11, 2015 | Written by: | Share
In divorce cases, we often encounter a “fight” over parenting time with children, where both parents want the children as much as possible. However, sometimes there are cases where a child...
What Role, If Any, Does Fault Play in Determining Alimony?
Aug 5, 2015 | Written by: | Share
In a recent blog post, I commented that New Jersey is a “no-fault” jurisdiction. In that post, I mentioned that fault seldom has an impact on the outcome of the case. Thus, the fact that a...
Annulment of Marriage Based on Fraud
Aug 3, 2015 | Written by: | Share
Can the Court apply the doctrine of equitable fraud as a basis to annul a marriage? In the recent, but unpublished trial court decision of Easton v. Mercer, Judge Jones in Ocean County decided yes,...
Why Family Law Cases Settle
Jul 21, 2015 | Written by: | Share
When members of the public think about divorce cases, they often visualize dramatic trials with testimony describing love affairs and other tawdry details. The reality is that this seldom, if ever,...
Is Drug Use During Pregnancy Considered Abuse and Neglect in NJ?
Jul 9, 2015 | Written by: | Share
Not every instance of drug use by a parent during pregnancy, standing alone, will substantiate a finding of abuse and neglect in light of the specific language of the New Jersey statute. New Jersey...
Can I Receive Spousal Support Before My Divorce Is Final?
Jul 2, 2015 | Written by: | Share
Clients often ask if they can receive spousal support before a divorce is final, and, if so, if they must go to court to get it. The answer to the first part of that question is yes...you can receive...