Divorce and Family Law

CHANGES TO NEW JERSEYS CHILD SUPPORT AND EMANCIPATION STATUTES

A variety of issues are addressed during a divorce proceeding. Bank accounts need to be divided, a decision with regard to the marital house must be made and, if there are children, child support needs to be calculated.  As you would assume, child support is for the benefit of the child. Until recently, without a court order or consent of the…
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BURDEN ON NJ ADULT CHILD TO SHOW THAT NONCUSTODIAL PARENT SHOULD CONTRIBUTE TOWARD GRAD SCHOOL

For many of us, including myself, our studies extended beyond college. For many teachers it may be a master’s program and for  attorneys, law school. Regardless of your career path, furthering your education requires you to continue to pay tuition. An Ocean County Superior Court Judge in J.C. v. A.C. has ruled that a child of divorced parents who is over…
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MARITAL STATUS IN THE NEW JERSEY WORKPLACE

In December 2015 I blogged about the New Jersey Supreme Court hearing a case dealing with divorces in the workplace environment.  Similar to the matter the Supreme Court heard, there are several couples who are married and work together.   The issue in front of the court in a more  recent case was whether a town’s rescue squad violated the state’s…
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NEW JERSEY SUPREME COURT AFFIRMS ALIMONY TERMINATION FOR COHABITATION

Most divorces conclude with the parties mutually agreeing upon and entering into a Property Settlement Agreement. This agreement addresses, among other things, child support, alimony, equitable distribution (property obtained during the marriage) and life insurance. In New Jersey alimony is calculated using several different factors. One of these factors is the length of the marriage. The Property Settlement Agreement will state specific…
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SOME NJ GRANDPARENT VISITATION CASES REQUIRE DISCOVERY

Grandparents love seeing their grandchildren and watching them grow. Unfortunately, when a couple is either in an argument or going through a divorce, this may have an impact on the amount of time that grandparents are able to see their grandchildren. At the present time, grandparent visitation is extremely limited, after going through almost two decades of being liberally granted.…
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FORCED REAL ESTATE SALE IN NJ POST-DIVORCE ACTION

Unfortunately in many divorce matters the parties are forced to sell the marital residence for a multitude of reasons. In most cases it is because neither party can afford the overhead expense of solely owning the marital residence. There are some scenarios where the parties’ Property Settlement Agreement (an agreement which distributes all assets/liabilities accrued during the marriage) may state…
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NJ PLAINTIFF WHO INCITED VIOLENCE, DENIED RESTRAINING ORDER

Due to several recent NFL player incidents, the topic of Domestic Violence has been in the public’s eye. Allegations of Domestic Violence are serious and should not be made frivolously. Issues may arise when the alleged act was in fact in retaliation to the act of another. An Ocean County Judge stated that a defendant who is facing a restraining…
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