Recent Blog Posts
Does Cheating Affect Alimony in New Jersey
Alimony, also called spousal support or maintenance, is the money paid by one spouse to the other during divorce proceedings or following a final judgment of divorce. Alimony can be temporary or permanent and is generally paid to a spouse who relied on the other for income during the marriage. Alimony can also be… Read More »
New Jersey Appellate Court Emphasizes No Custody Evaluation Absent Changed Circumstances
Child custody arrangements entered into as part of a divorce settlement or judgment are not necessarily the final word on the matter. If something changes for one or both parents down the line, such as a planned move to a new state or the loss of a job, there may be reason to revisit… Read More »
Establishing Paternity As An Adult Child
New Jersey, like other states, has a system in place for establishing paternity. If the parents are married, then the husband is the presumed father. If the parents are unmarried, then the parents can jointly agree to paternity, or either the mother, the putative father, or the child (once capable of doing so) can… Read More »
Dissolving a Civil Union or Domestic Partnership in New Jersey
New Jersey now recognizes marriage among same-sex couples, as does every state in the nation following the Supreme Court’s 2015 mandate. Like many states, while New Jersey did not permit marriage between same-sex couples before this decision, New Jersey did have alternatives. First there were domestic partnerships, which came with limited rights, and later… Read More »
Nannies Are “Household Members” Under New Jersey’s Domestic Violence Act
Domestic violence can take many forms. In addition to physical violence, New Jersey’s 1991 Prevention of Domestic Violence Act (PDVA) prohibits actions such as harassment, burglary, stalking, robbery, sexual assault, false imprisonment, and threats. The PDVA also applies to a wider scope of domestic relations beyond married couples, as evidenced by a recent New… Read More »
What Happens to the House if a Spouse Dies During Divorce in New Jersey?
Divorces tend to be complex and emotionally-charged at the best of times. They are never convenient. Determining the equitable division of property, in particular, is a difficult process, especially when the divorce is contentious. The New Jersey Appellate Division recently fielded a case with an unusual complication added to the mix: What happens to… Read More »
How Does Inherited Property Affect My New Jersey Divorce Settlement?
One of the primary activities of any divorce proceeding is tallying up the property and assets of each party in order to determine what is subject to equitable division. While some assets such as income generated during the marriage are clearly part of the marital estate, other types of property involve more nuanced questions… Read More »
New Jersey Court Rules Temporary Caregivers Cannot Abuse or Neglect Children Under Title 9
Title 9 governs New Jersey’s child custody scheme. Sections of Title 9 can be used to determine the custody of children in a dispute, particularly if the child has faced abuse or neglect by a parent or guardian. The state can also invoke Title 9 to remove a child from a parent’s control in… Read More »
New Jersey Appellate Court Opinion Illustrates Importance of Getting a QDRO
A recent unpublished decision from a New Jersey appeals court is a reminder of the importance of entering a QDRO at the same time as a divorce decree in order to avoid later headaches and end up losing out on more of your pension than you anticipated. Continue reading for details on the case… Read More »
New Jersey Child Support Guidelines Only Apply Up to Certain Income Threshold
When divorcing parties disagree as to the amount of child support to be included in a divorce judgment, the court must assess an appropriate child support amount. The court may need to step in again if either party later seeks modification of the child support order. New Jersey courts generally follow specific guidelines in… Read More »
