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Robert contributes regularly to the New Jersey Family Legal Blog. This 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.

Recent Blog Posts

  • Happy Xmas (War Is Over) – Takeaways for the 2017 Holiday Season With Chanukkah almost behind us and Christmas rapidly approaching, the time for being jolly is unfortunately also a peak time for parental conflict in divorcing and divorced families.  What one would think (hope) would be a relatively simple discussion between adults in an effort to resolve such issues often turns into something far worse.  Court applications often result where judges are called upon to make last minute decisions about where the children should be, who they should be with, and for what amount of time. With that being said, here... More
  • Mediate, Alleviate, Try Not to Hate…Lessons Learned from 80s Icons Ah, the 80s and MTV when bands still made music videos and we still cared to watch them.  Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band holding a different sign for each word of the song until they all walk away from the camera during the sax solo.  Paying homage to a classic Bob Dylan song, Mediate is really one of the... More
  • Settling Your Case Comes With Great Power and Great Responsibility Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can settling save you substantial time and expense as compared to continued litigation, but also it provides you with the opportunity to end the case on your terms while removing the risk associated with an uncertain trial decision. To that end, settling also means potentially agreeing to terms that are not necessarily... More
  • SUPREME COURT OF NEW JERSEY DEPARTS FROM STANDARD UTILIZED IN RELOCATION CASES In what seemed like an eventual, but no less dramatic change in family law jurisprudence, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established two-part test used in determining whether a primary custodian should be permitted to relocate interstate with an unemancipated child and, in connection therewith, the primary custodian’s presumptive right to relocate. In so doing, it noted a “special justification” in returning to the “best interests” of the child standard applied before Baures: We affirm... More
  • Supreme Court of New Jersey Addresses Equitable Claims and Remedies (while reinforcing a potential palimony loophole through the proverbial “black hole”) What rights do people have to an equitable distribution of assets stemming from a period prior to the marriage itself?  If there is no right to equitable distribution under those circumstances, then what rights exist and what remedies can be implemented to protect those rights?  In Thieme v. Aucoin-Thieme, a post-Judgment dispute involving several interesting issues including the equitable distribution of marital assets, distribution of assets pursuant to equitable principles stemming from a pre-marital cohabitation period, and the remedy of... More
  • A PUBLIC SERVICE ANNOUNCEMENT ABOUT RETAINING YOUR DIVORCE LAWYER As a matrimonial litigant, you never want to feel that your lawyer does not know how best to take you through the divorce or post-divorce process.  After spending substantial sums of money on an advocate to aid you through a difficult and emotional process, let’s just say that “the blind leading the blind” is not the vibe that you want to be left walking away with. Unfortunately, however, it happens way too often and I cannot tell you how many times... More
  • Appellate Division Weighs In On Savings as a Component of an Initial Alimony Award Every family uses its money in different ways. Some families spend every cent they have on everything imaginable, others save every last possible cent for the proverbial “rainy day”, and many families fall somewhere in between. Once a marriage comes to an end, however, will both spouses be able to continue spending or saving in the same way they did during the marriage as part of the lifestyle lived? New Jersey case law has long held that a trial court may... More
  • All Apologies and the Distribution of a Famous Guitar Perhaps Kurt Cobain knew when writing the song “All Apologies” that one day his daughter would be embroiled in a nasty divorce battle.  While the lyrics, “Married, Buried, Married, Buried”, may not sound uplifting, they are undeniably classic Nirvana.  Fans of the band would largely agree that the most well known live performance of the song was the acoustic version played during the band’s “Unplugged in New York”, which took place shortly before Cobain’s death.  Now it is the guitar used by Kurt during... More
  • NJ Supreme Court Finds Law Against Discrimination Protects Employees Going Through Divorce While we do not often, if ever, blog about decisions in the area of employment law, the Supreme Court of New Jersey earlier this week in the decision of Smith v. Millville Rescue Squad held that our state’s Law Against Discrimination precludes discrimination and retaliation against an employee based on “marital status.  The meaning of “marital status” was found to include not only being single or married, but also “employees who have declared that they will marry, have separated from their spouse, have... More
  • Appellate Division Addresses Use of Hearsay Statements in Motions Family law practitioners know that in this area of practice, perhaps more so than in any other practice, hearsay statements are often an important part of motions brought before the trial court for every kind of relief imaginable.  A hearsay statement is a statement made outside of the court that is offered for the truth of the matter asserted.  Unless one of many exceptions apply, hearsay statements are inadmissible.  For example, if mom in her certification filed with a motion asking... More