908-964-0102Recent Blog Posts
Length of Marriage is not the only Factor in Determining Alimony
In New Jersey, permanent alimony is granted by the court only in divorces of long-term marriages. However, there is no exact rule stating how many years a couple must be married in order to be considered long-term. On July 29, 2015, the New Jersey Supreme Court held that the length of marriage could not… Read More »
Change in Child Support Law Would Lead to Automatic Termination of Support
A recently-passed New Jersey Senate bill would give a default termination date for child support paid in New Jersey. The bill, passed on July 23 by the senate, would set 19 as the default age by which child support payments would no longer be due, without some special circumstances that would cause the payments… Read More »
In Contrast to Other States, Governor Christie States Clerks May Not Deny Marriage Licenses
The landmark U.S. Supreme Court ruling of Obergefell v. Hodges, making gay marriage legal nationwide, has stirred controversy in many local county clerks’ offices. County officials in a variety of counties in states such as Texas and Alabama have publicly stated their intention not to issue marriage licenses. Many clerk’s offices have shuttered entirely,… Read More »
Final Restraining Order Upheld Against Woman Who Took Child out of the Country for Months Longer Than Planned, Exhibited Violent Behavior
An Appellate Division court has held as valid a final restraining order (“FRO”) where a woman had a violent outburst over missing personal property, after having taken the couple’s child out of the country for months longer than originally planned. The case, titled M.H. v. V.H., was on appeal from the Family Part court… Read More »
Court Bars Mother from Interfering with a Child’s Ability to Contact Father
Every child seems to have a cell phone, both so that their parents can reach them, and so they can stay in touch with friends. Most parents assume that that they can place limits on their children’s cell phone use as necessary, to ensure that cell phone use doesn’t get out of hand. However,… Read More »
Frozen Embryos Awarded to Woman against Ex-Boyfriend’s Wishes
A recent case has drawn additional attention to the question of what happens to embryos created and frozen while a couple was together, after that couple has split. In that case, a Chicago doctor, Karla Dunston, received a diagnosis of non-Hodgkin’s Lymphoma after a large tumor was discovered on her lung. Her doctor advised… Read More »
New Jersey Court says its Fair to Make Husband Pay for Cost of Wife’s Survivor Benefit in Pension
When divvying up the marital property in a divorce, it may be that one spouse has an interest in a pension or retirement plan, and that interest may be considered marital property subject to equitable distribution under New Jersey divorce law. Most retirement plans, however, are governed by strict rules that prohibit the plan… Read More »
Father Moving Out of Country Does Not Give Cause for Termination of Legal Custody
In a recent case out of the Superior Court of New Jersey’s Appellate Division, a panel of judges has affirmed a lower court’s ruling that logistical difficulties involved in sharing legal custody with a parent in a remote section of another country is an insufficient basis to terminate that parent’s legal custody. In the… Read More »
Nine Important Tax Issues to Consider When Filing for Divorce
The allocation of child custody, division of marital property, and date your divorce is final can all affect your tax liability. The following are issues that you may wish to discuss with your attorney and spouse during a New Jersey divorce: 1. Filing status If your divorce is not final by the end of… Read More »
New Jersey Senate Judiciary Committee Recommends 2010 Palimony Law Be Applied Retroactively
The New Jersey Senate Judiciary Committee has recommended that a substantial change be made to New Jersey’s 2010 palimony law that could potentially invalidate hundreds of agreements between cohabitating couples. The Committee recommended the Senate pass a bill, no. S2553, that would make retroactive its 2010 law requiring all palimony agreements be in writing… Read More »
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