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The Motion for Reconsideration: Not a Second Bite at the Apple
It is not uncommon for a litigant to be dissatisfied with a court’s order. Even if you think you have a solid case, there is no guarantee that the court will see things your way. Additionally, judges...
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NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2018 (PART ONE)
The rumor is we did have a summer this year. Besides what seemed like a few nice days, what passed for summer flew by like a flash. Suddenly it was Labor Day, which for most people signals the arrival...
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New Jersey Family Part Court Rule Amendments – 2018 (Part 2): “NAME” THAT COURT
In my last blog post I summarized some of the recent Court Rule amendments that went into effect this September. While there were only a limited number of changes in the Part V Rules affecting Family...
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New Jersey Appellate Division Holds that All “Child in Court” Hearings, Even...
In the published Appellate Division opinion in NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.O. and M.C.D. A-1871-16, (App. Div. Oct. 30, 2018), the Appellate Division addressed the 2011...
View ArticleNEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2018 (PART THREE):...
In the third and final blog post of this series, I will conclude my summary and discussion of the current 2018 Rule Amendments which have a direct or indirect impact upon Family Part practice in some...
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New Jersey Appellate Division Addresses How Courts Should Handle Complex...
It is not uncommon as a family law practitioner to experience a difference in the way the family courts handle cases involving the children of divorced or divorcing spouses (where they are matrimonial...
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Fee Collection and Legal Malpractice Actions: Impact of the Entire...
While not limited to family law matters, at the conclusion of a case a client may often have an outstanding balance due for legal fees in regards to services rendered by the attorney in the underlying...
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New Jersey Family Part Court Rule Amendments (2019) (Part I)
The calendar turning to September signifies different things to different people. For some it signals the end of heat and humidity, cooler temperatures and changing leaves. For others, it’s the kids...
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New Jersey Appellate Division Clarifies Whether the Changed Circumstance...
Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family...
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NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2019 (PART II)
In my last blog post I noted that, effective September 1, 2019, a number of Court Rules directly impacting upon Family Part practice had been amended. In this blog post, I will continue this...
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Co-Parenting in a Pandemic: Help for Divorced or Separated Parents
Co-parenting children when parents are separated or divorced can be challenging in normal circumstances. One would agree, however, that times are not normal. The country is in the midst of a pandemic...
View ArticleThe Family Part has adapted to COVID
Although Covid has dramatically affected how the Courts operate day to day divorce cases are still moving forward efficiently. Most matters are proceeding with e-filing of pleadings and motions while...
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Freedom and Protection
In the Supreme Court decision, Roman Catholic Diocese of Brooklyn v. Cuomo, the limits placed on houses of worship in certain “orange areas” in New York City were struck down on constitutional grounds...
View ArticleMid-Marriage Agreements Examined by Appellant Court
I recently argued a case via Zoom in the appellate division that could have far-reaching implications in this new pandemic world. The issue dealt with an agreement that resolved marital rights in...
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Correcting Judicial Error as easy as 1, 2 3.
Ever since I wrote my past blog on correcting judicial errors, I have gotten a lot of questions from readers and interested clientele alike about how judicial errors can be addressed and amended. When...
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The Courts Have Conquered Covid 19
I have received many questions as of late regarding Covid-19 and the effect it has had on the divorce process. Those I have spoken to expect to hear that the courts are in shambles unable to handle all...
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Things to Consider when Discussing Lump Sum Alimony
I am frequently asked if It makes sense to buy out of an alimony obligation with a lump sum payment. The answer to the question is a bit complex but I will try to tackle it in the length of this post....
View ArticleProof Needed to Prove Cohabitation will soon be Clarified….
On June 8th, I argued a case of significant importance in the Appellant Division. Although I have not received a decision as of yet, I am still of the belief I was heard. The case involved an...
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