Divorce

SILVER v. SILVER

If an issue arises in a person’s household and an act of domestic violence has occurred, the police should immediately be called. An act of domestic violence does not just mean physical violence, however. In fact, “an act of domestic violence” is a legal term that has been defined by the Prevention of Domestic Violence…

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Uncategorized

Malek v. Malek addresses practical constraints of maintaining the status quo pendent lite.

In an illustrative, though unpublished case, Judge L.R. Jones, (ret) addressed head on the unspoken truth about maintaining the marital “status quo” pendente lite. Malek v. Malek featured a typical middle-class divorce quandary: Plaintiff Husband was the breadwinner as a public school teacher earning $90,000 a year while Defendant Wife was a part-time hair dresser…

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Divorce

T.L.H. v. M.H.

This unpublished decision reinforces a lesson all matrimonial attorneys know but still sometimes fail to abide by: Draft your marital settlement agreements carefully. The parties divorced after a 20-year marriage. Their MSA provided that the husband pay the wife weekly alimony and that the alimony payments would increase when the wife was forced to leave…

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Divorce

Bridge v. Maier – College Contribution… Just because you contributed 37% for one child, doesn’t mean you have to contribute 37% for your second child…

Mr. Bridge (“Husband”) and Ms. Maier (“Wife”) were married and had two children, who were born in 1988 and 1990. A final judgment of divorce dissolved the marriage on March 28, 1995. At some later point in time, the parties agreed to contribute to the older child’s college expenses, with Husband paying 37% and 63%…

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Divorce

Ganjoin v. Hall

In the recent unpublished decision, Ganjoin v. Hall, the Appellate Division reversed the trial court’s determination that the parties should split the cost of a forensic accountant 50/50. This post-judgment case arose out of a motion by the plaintiff mother to compel the defendant father to contribute to their child’s college education costs. The parties…

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Divorce

Loro v. Colliano – Increase in Child Support: Sometimes Plenary Hearing’s just aren’t necessary…

Following a four (4) year marriage, Ms. Loro filed a Complaint for Divorce from her Husband, Mr. Colliano. One child was born from the marriage, Daria, on March 6, 1984. After a contentious litigation, the parties were finally divorced on June 13, 1991. Significantly, based upon Husband’s earnings of approximately $600,000 per year, Husband’s child…

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Divorce

Appealing a Temporary Restraining Order

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…

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Childe Abuse/NeglectDCPPDivorce

Appellate Division Reaffirms Parents’ 5th Amendment Rights

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…

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Divorce

My Name Is…

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,…

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Divorce

Fichter v. Fichter

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…

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Uncategorized

Atwell v. Atwell, Appellate Division, Docket No. A-4406-14T1 (December 22, 2016)

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…

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