News

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....

Results may vary depending on your particular facts and legal circumstances.   Partner Paul M. da Costa and associate, Daniel Devinney, recently secured a $800,000 settlement in a failure to timely diagnose and treat...

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...

Emily Carstensen will be speaking at Rutgers Law School on Tuesday, October 3rd. The event is held from 5:30pm-8:15pm. Emily will be speaking on Navigating a Matrimonial Case: From Filing to Final Judgement. Emily will...

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...

Introducing the professionals behind the scenes of Sarno da Costa D’Aniello Maceri Webb LLC! Our entire personnel is an integral part of our firm. The assistance provided by our managers, paralegals, legal...

Manufacturers of any products subject themselves to product liability for what they produce and subsequently sell to the public.  Particularly when baby products are at issue, manufacturers need to take extra precautions...

The United States Department of Justice defines domestic violence as a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate...