NJ Family Law Blog
Jessica contributes to the New Jersey Family Law 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 advisers whose clients may encounter family law issues.
Recent Blog Posts
Be Prepared for Your Divorce Series: Part IV – Do You Need Experts?
One of the first things that you and your attorney will assess is whether you need any experts for your divorce case. There are many types of experts that can be employed in a divorce case, and your case may only need one, or may need several – it all depends upon what issues are... Continue Reading…More
Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration. In general, at the outset of a divorce, one chooses amongst these paths. Litigation Litigation is what most people are familiar with through popular culture. We see trials, depositions, and the like... Continue Reading…More
Be Prepared for Your Divorce Series: Part II – Gather Your Proofs
In anticipation of this series, I reached out to some former clients and asked them: How could you have been better prepared for your divorce? One client told me that she wished she had gathered all her proof documents about her various claims earlier on in the process. Many clients want to take positions that... Continue Reading…More
Be Prepared for Your Divorce Series: Part I – Talk to A Divorce Attorney First.
One of the questions I am often asked is: what is the number one piece of advice you would give to someone at the beginning of his or her divorce? I once gave the answer: be prepared. By that I mean, go right to the source. Talk to a divorce attorney now and start gathering... Continue Reading…More
New Jersey Appellate Division Rules: COVID is Not a Permanent Change of Circumstances to Modify Support
Since the onset of the pandemic, New Jersey family law practitioners and litigants alike have been wondering how the obvious financial repercussions the pandemic has wrought on individuals’ financial circumstances would be addressed by Family Law judges, when brought by litigants seeking to modify their support obligations. Almost two years later, we have some guidance... Continue Reading…More
Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must be based upon a judge’s findings on all elements of the criminal statute incorporated in the New Jersey Prevention Against Domestic Violence Act, qualified by any... Continue Reading…More
A Reminder: No change of circumstances? No best interests of the child finding? No change of custody or parenting time..
Last summer, Eliana Baer and Eric Solotoff of our Family Law Department achieved an Appellate Division victory when a trial court’s decision to allow our client’s ex-husband to obtain a custody evaluation without the requisite finding that there had been a change of circumstances. In that case, the Appellate Division took issue with the trial... Continue Reading…More
Alienating Your Kids from Their Other Parent May Cost Your Kids Big When it Comes to Child Support and College.
Here in New Jersey, divorced parents are generally obligated to contribute to the college education expenses for their un-emancipated children. In virtually every marital settlement agreement where there are un-emancipated children (the agreement the parties to a divorce enter into in resolution of all of their financial and/or parenting time issues), there is some sort... Continue Reading…More
As if it Wasn’t Clear the First Time, The Appellate Division Rules On the Impact of a Social Security Administration Disability Determination on Support- Again
In a recent published (precedential) decision, Gormley v. Gormley, the Appellate Division cleared up confusion between two prior cases that dealt with the impact of a determination of disability by the Social Security Administration upon support. In Gormley, the parties were divorcing. The Wife in this matter had been diagnosed with multiple sclerosis during the marriage. Also... Continue Reading…More
New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main criteria the Court must look at when determining whether to grant a final restraining order in such cases is the... Continue Reading…More
