War of the Rosas
Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more
Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...more
Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more
Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...more
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more
When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said, 706. Bar to alimony - No petitioner is entitled to receive an award of alimony where the petitioner,...more
If you were like me, the past few days produced an e-mailbox inundated with sales and specials-most related to the upcoming holidays. But, two of my special offers stood out and merited some attention because the products...more
Many are interested in the concept of a collaborative divorce. But an initial question many have is how long a collaborative divorce will take. “Can a collaborative divorce be done in weeks or months, or will it take...more
Much of the material reported in this blog comes from appellate cases; mostly Pennsylvania, but sometimes federal cases and decisions from other states. And, sometimes I will pass over a case only to see it reported by...more
While not my usual blogging fare, a recent case dealing with a discrete issue of Jewish law arising in the context of a dog bite case caught my eye because of its potential applicability to all areas of the law, including...more
Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a party’s capitulation to contract terms....more
Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date or otherwise...more
The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more
WHAT IS A DISSOLUTION? - For many, the word “divorce” has a built-in negative connotation. This is, in many ways, the product of how society has painted divorce over the years—specifically, as an inherently conflict-ridden...more
The Family Court in New Jersey is a court of equity. Accordingly, old, if not ancient “equitable principles” or maxims are supposed to apply. One such maxim is that he who seeks equity must do equity. Over the course of...more
When parties get divorced and there are children in high school or younger, they often reserve on what their financial contributions towards the children’s post-secondary educational expenses will look like. We often include...more
In a recent unpublished (non-precedential) Appellate Division decision, K.W. v. S.W., the Court addressed income, expenses and bad faith within the context of a child support calculation and ongoing custody issue post-divorce...more
In this episode, Gerry, discusses using a Pooled Income Fund ("PIF") in divorce tax planning....more
Many want to settle their divorce or family law matter outside of court. However, versus hiring lawyers, they want to work it out on their own. Man ask why they should spend the money on lawyers? The thought makes sense on...more
The first settlement proposal in a collaborative divorce or family law matter can be critically important. Depending on that first offer, the other party to the case can decide that negotiating may bear fruit. In other...more
The Price of Peace: a concept that arises in nearly every divorce matter, but you will likely never read about in any legal treatise on divorce law. You commonly hear about transactional costs (I.e. legal fees) and the cost...more
Clients and attorneys generally want to settle cases out of court. Clients readily recognize the financial and emotional benefits of avoiding court. Some clients go into his or her attorney’s office, bound for the courthouse,...more
General Laws c. 208, § 1A and G. L. c. 208, § 1B comprise the two Massachusetts no-fault divorce statutes, which allow for divorce on the ground of “irretrievable breakdown” of the marriage. In order to obtain a divorce in...more
Ahhh, April. This month always feels like a fresh start for me. The sun emerges and it starts to truly feel like spring. April also happens to be my birth month, so I can’t help but feel refreshed and energized at the start...more
In the recent unpublished (non-precedential) decision of Mathurin v. Matrhurin, the Appellate Division again confirmed that (1) agreements reached in mediation are not binding unless the terms are reduced to a writing signed...more