News & Analysis as of

Waivers Divorce

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

Fox Rothschild LLP on

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

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

Fox Rothschild LLP on

Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Stange Law Firm, PC

No Service Needed For Collaborative Divorce

Stange Law Firm, PC on

A requirement when one party has filed for divorce is for the other party to be formally notified. This usually takes place by the sheriff or a special process server serving the divorce papers on the other party. Service...more

Obermayer Rebmann Maxwell & Hippel LLP

Failure to Object to Court Procedure Waives Issue on Appeal

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more

Burns & Levinson LLP

A Marital Disqualification

Burns & Levinson LLP on

I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog. It made me think about a real evidentiary...more

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