Blogs

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

  • Have Judges Been Getting the Standard for Motions for Reconsideration Wrong All Along? You see it all of the time.  Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and other things that come up during the pendency of a case.  Judges are human and sometimes they just get it wrong, either because they get the law wrong, misunderstand the facts, miss certain things that are in the paper or for any other reason.  When that occurs, it is common... More
  • DANTE’S DEDUCTION: Or Did You Mean A Credit? There is hope that the plague is behind us.  Pestilence is on its way either in the form of a lantern fly or the return of the cicada after 17 years of peace.  For the divorce lawyer and his friend in crime, the accountant, there is another crisis emerging.  It’s the war over who gets the tax credits for the children.  Chances are the true winners will be the lawyers and the accountants, because in many instances the fight will... More
  • How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided? Last week, I blogged on the  A.J.V. v. M.M.V.  case, specifically, regarding the retroactive application of a savings component.  As noted in the post, there was an interesting treatment of deferred compensation in the case. Specifically, the husband received RSUs as part of his annual compensation which serially vested over 3 years.  In this case, the Complaint was filed in 2014.  At issue were the RSUs granted in 2012, 2013 and 2014.  As is sometimes the case, in recognition for the... More
  • Can a Judge Add a Savings Component to Alimony and Apply it Retroactively to the Beginning of the Case? Does a Frugal Lifestyle Even Matter? While the issue of savings being a component of alimony has been around for decades, since the Lombardi case in 2016 (which we previously blogged about), the issue of a savings component, especially where parties live reasonably frugally, but save a lot, have become more of a front burner issue. In Lombardi, the Appellate Division discussed the concept of marital lifestyle and how savings fit into the lifestyle.  Specifically, the Court held: Overall, “[t]he goal of alimony is to assist the supported spouse... More
  • Remote Proceedings: Zooming Past Litigants’ Due Process Rights By: Arrianna T. Diamantis In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration could not be more fitting considering the challenges presented by a global pandemic, which would shift the future of lawyering forever. A famous example of the complexities of an exclusively virtual judiciary occurred when a lawyer accidentally masqueraded as a cat. This aesthetic appearance... More
  • Investments: Are We Still Getting the Latte or Merely the Froth? Today’s economic news seems undeniably strong.  Despite the crisis in India, our own health officials believe that we may be emerging from the darkest hours of the pandemic.  Pennsylvania has announced it will be open for business in less than a month.  The Dow has taken us from 30,000 on New Years’ to 34,500.  A few days ago, I wrote about pricing silver coins in $1,000 increments and when I looked today those same coins are worth $3,000 more than... More
  • Is the Prenuptial Agreement Signed after the Wedding Really a Prenuptial Agreement? I have seen this more than one time in my career.  One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any other reason, the prenup never gets done.  Some I have seen signed just after the wedding, with a clause that says something like “we really meant this to be done before the wedding, but didn’t get around to it, but... More
  • CRYPTOCURRENCY BECOMES A REAL THREAT In our last article, we wrote about hiding assets the old-fashioned way.  For much of this writer’s career, the game was “cash”.  The pizzeria, the auto body shop, the produce vendor.  They lived in 3,500 square foot houses and drove luxury cars.  Nevertheless, the tax returns showed a mere $30,000 in income, a remarkable achievement. In the last 20 years, the cash world has measurably changed.  I have worked alongside fellow lawyers who told me that I could turn them upside... More
  • Can Judges Rely on Information that is Outside of the Record? There used to be a family judge, who, with his law clerk, spent a lot of time on Google, looking up property records, Zillow “values” and other information regarding the parties and their property.  While most of the time it proved harmless, I was always concerned about the court relying on evidence that was not in the records – that is, not contained in the motion papers if it was a motion, or in the trial testimony or evidence at... More
  • To Represent, or Not Represent: That is the Question Can one attorney represent both spouses in a divorce? This issue presents itself in a multitude of scenarios: the proverbial “simple divorce” or merely reviewing a settlement agreement prepared by both spouses. As my colleague noted, if prospective clients request that you represent them both, even if it’s “simple” or merely reviewing their agreement, “[t]he answer is a resounding, no.” On April 14, 2021, the Appellate Division approved for publication a decision which took up the task of answering a similar,... More
  • The Evidence of Cash Is Coming A Little Too “Laight” This decision issued on a non-precedential basis on April 13, 2021, represents every divorce litigator’s nightmare.  Unfortunately, the decision on appeal to remand the case offers the litigants a chance to relive what happened in the 1993 Bill Murray movie “Groundhog Day”. The Laights were married forever before they separated.  For much of their marriage Mrs. Laight worked at the local bank as a teller where she would study coin deposits made by customers and set aside the coins minted before... More
  • SECURING THE $121.00 DIVORCE In the last few days, I have worked with another attorney to try to bring a peaceful end to a very brief marriage.  In the space of a couple weeks, we identified what was left of the “ties that bind” and how to painlessly sever things like joint leases, joint debts and dividing the wedding presents. The clients are not wealthy and cost is a consideration.  Because this would or should be a quick divorce and the financials seemed under control... More
  • THE WALL STREET JOURNAL TELLS A FRIGHTENING TALE OF CUSTODY, CONSULTANTS & MURDER For those of us who get the Wall Street Journal on Saturday, it is a newspaper of respite.  Yes, all of Friday’s news is there but the features are sections on what books to read and what piece of 16th century art or literature merits a second look.  It’s WSJ light, best evidenced by the change in the masthead from THE WALL STREET JOURNAL to WSJ. The April 3-4 edition’s front page had an article titled: “Custody Fight Plus QAnon Turns... More
  • DEBT: The Divorce Lawyer’s New Frontier It’s always been there.  Debt.  Even though the Pennsylvania Divorce Code does not really mention it by name.  If you speak to the hearing officers who draw the assignment of effecting equitable distribution, they respond that debt is the most nettlesome thing to deal with.  In some cases, it is the only thing they deal with because none of the assets had “equity”. We found some interesting data on the topic in Experian’s recent analysis of 2019 debt.  Some of it... More
  • GAG ORDERS IN CHILD CUSTODY; CAN BEST INTERESTS & FREE SPEECH BE BALANCED? Father adopted a child with mother.  Mother died two year later.  Father remarried the stepmother in 2012, with whom this litigation took place.  Stepmother adopted the child a year later.  The marriage lasted less than a year. A custody agreement was formed.  In June 2015, father filed for primary custody and mother counterclaimed for the same.  An Interim Custody Order in September 2015 was followed by adoptive mother’s PFA alleging father committed sexual abuse of the child.  This begot a... More
  • New Guidance; New Concerns About Discharged PPP Loans On November 23, 2020, we posted about the legal deductibility of expenses paid in 2020 with funds borrowed through PPP (Paycheck Protection Program) loans guaranteed by the government and subject to discharge as debts once it was shown that the loan proceeds were used to pay payroll and other approved expenses.  If you owned a law firm and got one or more of these loans this issue directly affected you.  But if you live outside that orbit, “Why care?” The answer... More
  • If You Want to Move Your Case to a Faster Conclusion, Consider Mediation and Arbitration A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind.  While that is certainly the case in some counties and more particularly, with some Judges, for the most part, the courts are acting efficiently, and in some respects more efficiently, than in the past.  In fact, a few months ago, I wrote a post on this blog entitled NJ Divorce... More
  • ARE MEGHAN & HARRY YOUR KINDRED SPIRITS? 17 Million Americans watched the Oprah interview on Sunday night.  That’s six million more than watched the opening of Round 2 of our own President’s impeachment.  The airwaves today are exploding with controversy as various sides line up to condemn the House of Windsor or its recently exiled couple.  This piece is not about who won or lost. It’s pretty clear that there are only losers in this battle.  As I watched the interview what resonated for me was how... More
  • Palimony Isn’t Alimony – Having a Long Term Relationship Alone Doesn’t Give You a Right to Support Many people think that palimony is just alimony with a “P” and that the mere existence of a long term unmarried relationship, where the people live together, is enough to convey some right of support.  Having argued the landmark Maeker v. Ross case regarding palimony in the New Jersey Supreme Court, I have made clear on this blog in the past that that is not the case.  Rather, for relationships that existed before 2010, their had to be a promise,... More
  • I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway? One thing this pandemic has taught me about my fellow lawyers: we are adaptable. Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux pas, his reaction was not to jump off the Zoom call in shame. No – he said to the judge that he was willing to proceed with his case. AS. A. CAT. (If you ask me, the most astounding part was that opposing counsel and the kept their composure the entire... More