In many divorce proceedings, three of the most commonly disputed issues include alimony, child support, and equitable distribution. In New Jersey, these three topics are each addressed in...
In New Jersey, an agreement made in contemplation of a divorce to stipulate each party’s economic rights in the event of an actual divorce is enforceable if it is fair and equitable. For such...
When parents share joint legal custody of their children and one parent relocates out-of-state, either by choice or necessity, a legal battle over custody almost inevitably ensues. New Jersey has recently overturned...
There is no question that family law is a highly fact-sensitive area of the law. Each family’s circumstances and reasons for divorce are unique. Typically, the more complex a divorce is,...
One common remedy for victims of domestic violence is a final restraining order (FRO), which prohibits contact between the alleged batterer and victim. In New Jersey, an FRO issued pursuant to the...
In New Jersey, marital agreements governing the payment of alimony are enforceable to the extent that they are just and equitable. The Family Part has the ultimate discretion to modify or...
New Jersey law governing child support under N.J.S.A. 2A:34-23 does not explicitly require a parent to make college contributions; however, a growing body of New Jersey case law is setting a trend in...
In New Jersey, motions for rehearing or reconsideration seeking to alter or amend a judgment are governed by R. 4:49-1. The movant must state with specificity the grounds on which it is made, including a...
In any determination of whether a Final Restraining Order (“FRO”) should be granted for a violation of the Prevention of Domestic Violence Act (“PDVA”), New Jersey courts follow a two-step analysis...
In a New Jersey divorce, spouses often understand that proceeding to trial means a very expensive and protracted litigation process. This is precisely why many spouses choose an uncontested divorce in the...
New Jersey courts abide by the longstanding policy that a marital settlement agreements (“MSA”) is governed by basic contract principles and is no less a contract than agreements to resolve business...
Alimony is intended to maintain the economic status quo for the dependent spouse that was experienced during the marriage. However, New Jersey family law has long held that such a support obligation is always...
The Division of Child Protection and Permanency (Division) seeks to keep families intact and provide a safe home environment to raise children. One of the primary reasons for establishing the Division was to prevent...
Despite a push by juggernaut tobacco companies to advertise electronic cigarettes (e-cigarettes) as a safe alternative to traditional cigarettes, a growing body of research suggests otherwise. A recent study conducted...
Results may vary depending on your particular facts and legal circumstances. After three weeks of trial in Monmouth County Superior Court, Partner, Paul M. da Costa, and Counsel, Daniel Devinney, obtained an $8.5...
The overriding consideration in the determination of any request to modify child custody or parenting time is the best interest of the child. The moving party must show that a substantial change in...
When a marital settlement agreement (MSA) stipulates that the dependent spouse’s cohabitation is a basis for modification or termination of alimony, the court must abide by the agreement and interpret the...
Grey’s Anatomy star Kevin McKidd and Jane Parker recently divorced after almost 17 years of marriage. Although the ex-couple split in October 2015, they still share custody of their two children,...
The purpose of alimony after a divorce is to provide a dependent spouse with financial support commensurate with the standard of living and economic circumstances that existed during the...
Divorce and other family law proceedings often require outside experts to develop opinions, recommendations, and objective findings of fact. This is particularly true in divorce proceedings where couples...
