We are proud to offer a selection of blogs covering different geographies and areas of the law. Please see below for a brief description of each, or jump to our recent posts.
New Jersey Family Law Blog
Fox Rothschild's New Jersey Family Legal Blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisors whose clients may encounter family law issues.
View the New Jersey Family Law Blog
Pennsylvania Family Law Blog
The Pennsylvania Family Law Blog provides readers with information on and insight into Pennsylvania Family Law issues, including divorce, equitable distribution, alimony, child support, spousal support, alimony pendente lite, and custody.
View the Pennsylvania Family Law Blog
Recent Blog Posts
- Read This Before You Press “Record” Technology is making it easier and easier to satisfy our curiosity about just what the heck the people in our lives are up to. Are you curious about your husband’s whereabouts? You could plant a GPS device on his car. Do you want to know what your wife is saying to the kids? There are many ways to go about recording those conversations. Are you dying to know what your spouse is doing on that laptop, tablet, or smartphone of... More
- Smile for the Camera, and other Family Law nightmares You never know when or where the next video camera or recording device is going to show up. And when you’re in the middle of a contested divorce, particularly if there are custody issues, caution is key. I was reminded of this recently when a local news channel reported on complaints against Amazon delivery drivers who had thrown packages at customers’ doors. The drivers had been caught because the homeowners had set up video cameras to monitor anyone coming up... More
- ARE THERE PRIVACY RIGHTS IN FACEBOOK POSTINGS? New York’s highest court, the Court of Appeals ruled on February 13, 2018 that a Facebook account holder’s designation of a posting as “private” did not preclude a litigant from obtaining copies of those postings where they may be relevant to the litigation. The ruling comes from a personal injury case where the plaintiff claimed to suffer permanent injury in an equine fall. The plaintiff’s claims included those typically associated with loss of enjoyment of life. The defendant sought to secure... More
- PARKLAND This is not a political outlet. So, I will confine my “political” comment to a single set of facts. 17 people killed yesterday. 32 school days so far this year. Time Magazine reports 18 school shootings. So a school shooting every other day. The interviews I heard last night on television provided a haunting reminder of a conversation I had earlier that day with a colleague who treats families going through divorce. We spoke about a common case. The child we... More
- DOMESTIC VIOLENCE AND THE “WILLOUGHBY MOMENT” 2017 was a remarkable year in many ways. In late Spring we watched one of America’s favorite entertainers tried for sexual assault. In October, prominent producer Harvey Weinstein was accused of sexual assault by more than a dozen women. The list of prominent men who have fallen from grace since the Weinstein story broke on October 5 would occupy a blog site of its own. As this is written, a story has broken that a California legislator and leader of... More
- A Playlist for When You’re Going Through a Divorce on Valentine’s Day It may seem counter-intuitive, but the month of Saint Valentine is also generally the month that sees the highest volume of filing for divorce. For some people, getting divorced may be their New Years Resolution. Others wait until the start of the new year so that they can have one last holiday season with their families as usual. Whatever the reason, many people find themselves at the beginning of the divorce process on Valentines Day. We all know that there are... More
- I Can Appeal My Arbitration Award, Right? (Redux) In 2015, I wrote a post on this blog with the same title because seemingly, this issue has been resolved for some time. All too often, parties would agree to mediate their disputes but would try to reserve a right to appeal, as of right, to the Appellate Division, as if the matter was tried by the family court. Since the Hogoboom case in 2007, lawyers have should have known that this was a no-no. In fact, in Hogoboom, the... More
- A Review of Cohabitation Law in a Post-Amendment Landscape As New Jersey law on cohabitation continues to evolve after passage of the 2014 amendment to the alimony statute, a review of cases released since that time provides insight as to several components of the cohabitation discussion. My new article on this topic in the New Jersey Lawyer’s Family Law issue can be found by clicking on the link below. http://www.foxrothschild.com/robert-a-epstein/publications/a-review-of-cohabitation-law-in-a-post-amendment-landscape/ ____________________________________________________ Robert Epstein is a partner in Fox Rothschild LLP’s Family Law Practice Group and practices throughout New Jersey. He can be reached... More
- Appellate Division Denies Cohabitation Claim Under Alimony Statute While we await guidance from the Appellate Division on how to interpret that portion of the amended alimony statute’s cohabitation provision, N.J.S.A. 2A:32-23n, indicating that alimony may be “suspended or terminated” in the event of a payee former spouse’s cohabitation, and whether the pre-statute “economic benefits” test remains alive and well, we are seeing newer cases that address the issue of cohabitation under the statute, rather than under pre-statute case law. In Gille, Jr. v. Gille, an unpublished decision from the Appellate... More
- ASCENDING MOUNT SCARPACI: A Lesson in Intestacy, Taking Against a Will & Getting Divorce Grounds Established A Superior Court decision last month by Judges Lazarus, Bowes and Ott reminds divorce practitioners that there are distinctions to be drawn between the rights of intestate surviving spouses and the rights of a surviving spouse to elect “against” the will of a decedent. We start with some old news. When the divorce code first came into effect in 1980 the rule was that the death of a spouse had the effect of abating any divorce action which had not been... More
- New Appellate Division Decision Outlines Procedures for Reconstructing the Record in DV Cases The Appellate Division recently issued a published (precedential) decision in the matter of G.M. v. C.V. providing some clarification on procedures that must be followed when a transcript is not available to serve as a record of a prior hearing. In G.M., a domestic violence restraining order had been entered between the parties in 2004. Fast forward to 2016, when the Defendant sought to dissolve the restraining order. According to the Defendant, the existence of the restraining order was making it very difficult for... More
- Appellate Division Confirms that Alimony Cannot be Judicially Determined with a Formula One of the most common question posed by clients is – how is alimony determined? Unfortunately, there is no easy answer to that question, and it is often dependent upon the facts and circumstances of a given matter. The law does not provide for a formula, even in the final version of the amended alimony statute that passed in late 2014, and requires that trial judges consider each of the factors outlined in New Jersey’s alimony statute (N.J.S.A. 2A:34-23(b)) in rendering an award. As seminal New Jersey... More
- HOW MUCH EVIDENCE DOES A “HAGUE” CASE MERIT? On August 7 of 2017, the Third Circuit Court of Appeals decided a case under the Hague Convention on the Civil Aspects of International Child Abduction. Since we don’t see much child custody litigation in federal courts nor do we see many Hague cases, this one merits a closer look. J[ay] Blackledge was born in the Ukraine in 2008 but is a United States citizen. At the time this litigation was before the courts Mother, a Ukranian citizen, resided in Pittsburgh,... More
- MILITARY PENSIONS ALSO BEING “REFORMED” FOR THE FIRST TIME IN 70 YEARS The recent changes in tax laws have grabbed the headlines but employees of the four branches of the military and the Coast Guard will become part of a new “blended” retirement system passed by Congress in 2016, but effective in 2018. The 20 or nothing system by which those in service had to stay in service for a generation in order to get any retirement has been modified. The 20 year benefits are reduced by about 20% but that remains the... More
- TAX REFORM IS GOING TO YIELD SOME REAL ESTATE “BLUES” Lots of electronic ink has been spilled this week on winners and losers coming out of the Tax Reform Act passed on December 20. Much of this is fairly speculative but some is simply common sense. If you are a homeowner, take a look at last year’s bill for real estate taxes, then calculate what the foreseen or unforeseen buyer of your house will pay as a mortgage if he or she finances at 4.0-4.5%. Realize that, until today, real estate... More