Family lawyers at this time of year know that with the holiday season comes custody and parenting time disputes. As suggested in my last blog post, getting a jump on these disputes before the midnight hour is the often the best way to proceed. Sometimes, however, it simply cannot be done and the family court…
Believe it or not, the time is here. Summer is no longer in the rearview mirror and Halloween is behind us (although the leftover candy remains). Thanksgiving, Chanukah, Christmas and New Year’s Eve are just around and the corner. Turkeys and pies, gifts, ugly sweaters, holiday music, decorations, parades, and champagne are just some of…
Most family law practitioners have heard the speech many times from judges, usually at an initial Case Management Conference. You know the one: settle, settle, settle. If you don’t settle, some person in a black robe will have to decide important issues about your life and you will probably be unhappy with the result. The…
Drafting settlement agreements require careful language considerations to ensure that the intent of the parties can be determined based upon a plain reading of the agreement. In a recent unpublished Appellate Division decision, we briefed the issue of whether the plain meaning of the terms of a settlement agreement should be strictly construed. In Fanelli…
Many parties today want to attend mediation in an attempt to be cost effective in their divorce. This makes sense, and meditation is often a successful tool utilized to reach an amicable resolution. At the conclusion of a mediation, many mediators will draft a Memorandum of Understanding, reflecting the terms discussed. Following receipt of the…
For many divorcing couples, particularly those who own or have an interest in a closely held family business, cash very often reigns supreme. Often times access to cash, particularly by way of a business, serves to supplement, or enhance a couple’s marital lifestyle far beyond that which may be classified as reported income for income…
New Jersey’s rule governing venue in family court matters, R. 5:7-1, has, until recently been a much overlooked, pro forma, check of the proverbial box when filing a client’s Complaint for Divorce. The overwhelming majority of the time, venue never arises as a “issue” in a matrimonial proceeding, as the Complaint for Divorce is filed…
After a twenty-two-year marriage, Ellen and James decided to divorce. When the parties married, James had recently graduated from college and immediately went to work in his family’s wholesale florist business, Union County Florist Supplies, Inc. (hereinafter referred to as “Florist”), wherein he eventually acquired a 47 ½ interest in the firm and becoming an…
In 2016, the New Jersey Supreme Court addressed the important issue of grandparent/sibling visitation in Major v. Maguire, 224 N.J. 1 (2016). In this matter, one parent of the child passed away and the remaining, living parent cut off the grandparents from the child. The Court initially addressed this issue in Moriarty v. Bradt, which…
You want to dissolve your Final Restraining Order (hereinafter “FRO”). It’s been YEARS since it’s been entered. In fact, you even communicate with the other part and you are confident that he/she no longer “fears” you as they might have once had. You are ready to file a motion to dissolve the FRO, when you…