The adversarial nature of family law litigation is often exacerbated by the emotions experienced by parties going through a divorce. Frequently, decisions by family court judges leave one or both parties...
It is well-established in New Jersey family law jurisprudence that child support can always be modified. The seminal New Jersey case guiding courts on such modifications is Lepis v. Lepis. Under...
Domestic violence is a highly prevalent and serious issue in America. Often, the best means for a victim to obtain any reprieve from such violence is through a final restraining order (FRO). In a...
It has long been held in New Jersey that orders for alimony and child support can be modified at any time based on a showing of changed circumstances. If a parent is experiencing “changed...
Equitable distribution is the division of property, assets and debts in divorce proceedings. Pursuant to N.J.S.A. 2A: 34-23.1, New Jersey courts consider a number of factors in...
Enforcement of MSA’s with Cohabitation Provisions
Dec 21, 2017
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...
Proving Domestic Violence in New Jersey
Dec 20, 2017
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...
The Trial Judge’s Duty Not to Make Naked Conclusions
Oct 13, 2017
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....
Equitable Distribution and Alimony in New Jersey
Oct 04, 2017
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...
