Pre-nups in New jersey are governed by statute (N.J.S.A. 37:2-31) known as the “Uniform Pre-Civil Union Agreement Act”, also known as “UPAA”, for short. Pre-nups can accomplish a variety of things, and most commonly, allow couples to clearly define separate property (as opposed to marital property) and how certain property will be divided in the…
As we begin to emerge from the worst of the pandemic and look to return to some normalcy, we as family law attorneys need to recognize how the resulting changes to child custody and parenting time issues impact on how we will represent the best interests of our clients and their children going forward. A…
The recently published Appellate Division decision of W.M. v. D.G., provided much needed guidance as to the manner in which non-dissolution custody matters between unmarried parents are to proceed in the trial court. The case presented issues several complex issues involving custody, psychological parentage, and the appointment of a law guardian for a minor child.…
Oftentimes parties will agree to settlement terms that are memorialized in a written settlement agreement spanning ten, twenty, thirty pages or more depending on the complexity of the issues and marital estate involved. While we do what we can as practitioners to avoid potential pitfalls, loopholes and ambiguities in the agreement language, occasions do arise…
It is well established in New Jersey Family Law that the Prevention of Domestic Violence Act (“the Act”) is to be broadly applied to ensure protection for true victims of domestic violence. What happens, however, when an alleged victim procures a Temporary and perhaps Final Restraining Order simply to procure an advantage in a separate…
People who know me know that I love a good movie quote, especially if it comes from an 80s movie. Talk to me about John Hughes movies or Coming to America and you have my respect. Start deep diving into Beverly Hills Cop and Back to School, however, and I know we were meant to…
It is inevitable that during an initial consultation, I will be asked everyone’s two favorite questions: how long will this take and how much will it cost? And the answer- time and time again- is it depends. This is an answer that frustrates most people, and it feels like a very lawyerly answer. But it…
The law is well established in New Jersey favoring parents’ fundamental custody and parenting rights of their child. However, that right is not absolute, and a parent’s presumptive right can be overcome by a showing of “gross misconduct, unfitness, neglect, or ‘exceptional circumstances’ affecting the welfare of the child.” K.A.F. v. D.L.M., 437 N.J. Super.…
The journey through the family courts is a long and arduous one which will almost always leave emotional and financial scars. If you are unable to settle your case, the journey ends with a Final Order or Judgment, which is rarely viewed with complete satisfaction by either party. For those that are truly dissatisfied with the trial…
Getting divorced is hard enough without any external factors. Add 10 months of a global pandemic, quarantining, home-schooling, and job changes, and it could be a true recipe for disaster. You can’t go blow off steam with your friends without considering a lot of logistics. You can’t run to the gym to clear your mind…
With all of us gladly kicking 2020 to the curb and welcoming 2021 with open arms (from a six-foot distance, of course), how has the Covid-19 pandemic impacted how we think about divorce as a potential new year’s resolution? I have written before about how people often wait until after the holiday season concludes to…
While we anxiously await the outcome of a tight Presidential race, you may have missed that voters in New Jersey overwhelmingly voted in favor of an amendment to the State Constitution that will essentially and at long last legalize marijuana in this State. We can now put aside the arguments that shaped the debate about…
Oftentimes I am asked how divorcing or divorced parents in New Jersey divide the bills that they once might have paid from pooled income in a joint bank account. For instance, how is work-related childcare going to be paid for in the future when the divorce is long in the rearview mirror? There are many…
When the world essentially shut down in March and schools were closed, parents throughout New Jersey held onto hope that schools would eventually reopen before the end of the school year. With every passing school holiday and milestone, parents muttered under their sleep deprived breaths that homeschooling and virtual learning could possibly continue for another…
Those of us that practice in the child abuse sector of Family Law waited with baited breath to see what the NJ Supreme Court would do with S.C. v N.J. Department of Children and Families, the first case to go before the Court to take on the murky Not Established finding. From oral argument, it…
One of the most complicated aspects of divorce litigation is the valuation and distribution of a business in the context of equitable distribution. This is an issue that has doubled in complexity since the advent of the COVID-19 pandemic. Imagine an ongoing divorce proceeding in which one of the parties is a business owner. The…
