Effective on September 1, 2017, there are numerous changes to the Rules Governing the Courts of the State of New Jersey that specifically affect Matrimonial Law cases. Particularly, the Rules in Part 5 are directly concerning Matrimonial Law. The first rule change is regarding an application for Attorney Fees in Civil Family Actions (R. 5:3-5).…
If a Temporary Restraining Order has been issued against a Defendant, New Jersey does provide an avenue to allow an appeal of the Temporary Restraining Order prior to the Final Hearing. N.J.S.A. 2C:25-28(i) provides, in relevant part, that “an order for emergency, ex parte relief shall be granted upon good cause shown and shall remain…
Our firm, Ziegler & Resnick LLC, is thrilled to announce our very own Attorney Alexandra Kachala is going to be speaking at a Second Saturday™ Seminar, taking place on October 19th from 11:00-1:30 PM. This informative and important seminar will be held at the Park Ave Club in 184 Park Ave, Florham Park, New Jersey.…
In an unpublished decision from April 6, 2017, the Appellate Division reminded trial courts that if they are going to throw a litigant in jail for contempt, they need to follow the court rules. In Wilson v. Wilson, the self-represented defendant father was charged with contempt for speaking out during a pendente lite hearing. At…
While any divorce is undesirable and stressful, high-dollar divorces are even worse, as they become invariably more complicated, drawn-out, and contentious. With so many assets and properties on the line, it is inevitable for both parties to lash out in an effort to secure what is rightfully theirs. This is a situation our Livingston divorce…
In the recent published decision, E.S. v. H.A., the Appellate Division struck down a trial court’s prohibition on a father’s reunification therapy until he “admitted wrongdoing.” E.S. involved a highly contentious custody battle between two parents and their now 13-year old son, “Richard”. At the heart of that battle was the plaintiff-mother E.S.’s allegation that…
While dependency, visitation, and other family related issues should be the most important ones, invariably the financial aspects take over. We see disagreements on everything. In many cases, the financial minutia of the dissolving marriage may be examined in the form of a Lifestyle Analysis, but is it really necessary and does the cost justify…
Last month New Jersey Courts approved what would prove to be a precedential decision and a rubric for Judges asked to decide the issue of a minor, transgender child seeking to change their name. In the matter of Sacklow v. Betts, Plaintiff, mother, the custodial parent of a transgendered child, sought, on her child’s behalf,…
Imagining your daughter or son driving is already a very scary thought for most parents, but, even worse, is your child driving without any sort of car insurance as well. As such, it is important to negotiate that you and your soon-to-be ex will split any and all costs relating to child’s car insurance in…
In Atwell v. Atwell, the Appellate Division addressed the trial court’s obligation to consider pendente lite support paid by an obligor spouse in awarding limited duration alimony pursuant to the recently revised alimony statute, N.J.S.A. 2A:34-23. Defendant husband appealed the trial judge’s award of five (5) years of limited duration alimony commencing from the entry…
In the recent unpublished decision of A.E.C. v. J.T., the Appellate Division confirmed that the separation of the parties following the entry of a Temporary Restraining Order (“TRO”) should not be a dispositive factor for the court in determining whether or not to award permanent restraints. Plaintiff A.E.C. appealed the trial court’s denial of a…
In Deegan v. Deegan, 254 N.J. Super. 350 (App. Div. 1992), the Appellate Division answered “maybe”, finding that where a former spouse seeks to terminate alimony based upon a voluntary early retirement, closer scrutiny is required. Specifically, the trial court must evaluate the age and health of the retiring spouse, the timing and motive behind…
In the landmark case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), the Appellate Division conclusively determined (as upheld by the Supreme Court, see 208 N.J. 409 (2011)) that a divorcing spouse could not be imputed income based upon their interest in a discretionary trust for the purpose of calculating support obligations.…
The question of what to do where a supporting spouse loses his employment and obtains a new position at a significantly lower salary has long troubled our State’s judiciary. In Mills v. Mills, the Chancery Division of Ocean County attempted to provide a more clear-cut analysis for family courts to follow in the wake of…
You just got in a car accident. You have been out of work for three months and you have thousands of dollars in hospital and medical bills. You’ve met with numerous personal injury attorneys that have already informed you that you can expect an award of over $150,000. You also want a divorce from your…
Sure, inheritances during a divorce are exempt from equitable distribution (as long as you follow certain rules such as not commingling said funds with marital monies); however, you probably did not know that they are not entirely exempt when it comes to purposes surrounding your child support and alimony issues. In Penza v. Penza, the…
