Blogs

In New Jersey, when two parties divorce and mutually agree to enter a martial settlement agreement (MSA) governing the terms of their divorce, deciding on an alimony figure and the grounds...

Under the seminal New Jersey case, Silver v. Silver, the Appellate Division established that in order to obtain a final restraining order (FRO) under the Prevention of Domestic Violence Act (PDVA), the...

In Newburgh v. Arrigo, the Supreme Court of New Jersey established several factors to consider in determining college contributions after a divorce.  A few of the most important factors include: (1)...

In New Jersey, a person commits the predicate act of harassment as defined by N.J.S.A. 2C:33-4 if, with the purpose to harass another, he: a)  Makes, or causes to be made, a communication or communications...

New Jersey is certainly at the forefront of states proactively taking measures, both judicially and legislatively, to prevent child abuse and neglect.  N.J.S.A. 9:6-8.21 defines an “abused or neglected...

In New Jersey, Rule 1:7-4 provides that in every non-jury civil action, the role of the trial court at the end of trial is to determine the facts and state conclusions of law.  Rolnick v. Rolnick, 290 N.J. Super....

If you want to understand the full spectrum of a typical divorce, the following New Jersey Appellate Division case covers all the bases.  K.C. v. D.C. was a recent decision primarily involving aspects...

There is no doubt that divorces can be emotionally charged and take a toll on the family.  Sometimes, however, one or both spouses go beyond the typical emotional injury associated with a divorce and...

Domestic violence is a very serious and troubling reality around the world today – and unfortunately, women tend to be the victim of such violence approximately 95% of the time.  (http://hrlibrary.umn.edu)....

On any motion to modify or terminate an alimony obligation in New Jersey, the seminal and controlling case is Lepis v. Lepis, 83 N.J. 139 (1980).  If you believe you are unable to continue paying your...

A two-part test exists to determine when a dependent spouse’s cohabitation constitutes “changed circumstances” warranting a modification or termination of alimony.  The obligor must first make a prima facie...

In any determination of whether a Final Restraining Order (“FRO”) should be granted, the Prevention of Domestic Violence Act (“PDVA”) comes into play. Under this Act, a court follows a two-step analysis under Silver...

New Jersey courts will allow a spouse to modify their alimony obligations after a showing of changed circumstances has been made. The seminal case allowing for this modification is Lepis v. Lepis, 83 N.J. 139 (1980), holding...

Courts in New Jersey generally view modification of parenting time as a change in the custody arrangement between the parties.  Thus, to successfully modify a custody arrangement, a party...

The use of consensual agreements to resolve marital controversies is particularly favored in divorce matters in New Jersey.  Courts generally will not disturb a parties’ right to enter private contracts so...

In every divorce case involving equitable distribution, a court must determine three things: (1) what property and/or assets are eligible for distribution; (2) the value of the eligible property and/or assets;...

Over one-quarter of serious abuse cases in nursing homes go unreported to the police, according to the Office of the Inspector General in the Department of Health and Human Services.  The failure to report...

Child support orders may be modified upon a prima facie showing of changed circumstances under Lepis v. Lepis, 83 N.J. 139 (1980).  New Jersey courts have recognized (1) increases or decreases of the supporting...

Johnson & Johnson is currently battling nearly 4,800 lawsuits after allegations that its talc-based products cause cancer.  One recent California suit resulted in a $417 million award by a California jury. ...

When parties divorce and enter into a property settlement agreement (“PSA”) based upon mutual consent, if one party later wishes to modify the PSA’s terms, he or she must show changed circumstances if the PSA already...