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...
New Jersey has a strong policy in favor of enforcing property settlement agreements (PSAs). PSAs are generally approached by courts with the presumption that they are valid and enforceable, and they will...
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...
Sarno da Costa D’Aniello Maceri Webb Announces New Partner, Laura Guinta Gencarelli, and Counsel, Daniel B. Devinney
Jan 02, 2018
Sarno da Costa D’Aniello Maceri Webb LLC takes great pleasure in announcing its newest partner, Laura Guinta Gencarelli, and newest Counsel, Daniel B. Devinney. Laura joined the firm in 2014. In addition...
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...
