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…
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…
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…
On May 5, 2020, the Appellate Division in Gormley v. Gormley concluded that when the Social Security Administration (“SSA”) has determined that if a party is permanently disabled, a presumption of disability is established and the burden shifts to the opposing party to refute that presumption. In other words, when the SSA declares you an…
On April 28, 2020, the Appellate Division issued a publish opinion that can only be described as a cautionary tale for any counsel seeking to represent a client on a matter to which that counsel does not have sufficient experience or expertise. The Appellate Division addressed this issue in the contested adoption case: In the…
Now that we are six weeks or so into this quarantine, there is no question that as the days blend from one to the next we have figured out our own ways to break up the monotony and get through this. As many video calls with friends and family as possible (oftentimes with drinks in…
Never did I imagine I would be writing a blog post about parenting your kids in the time of a pandemic as the coronavirus sweeps its way around the world and has temporarily forced us into our homes. With companies shuttered, schools closed, and curfews in place for many, we are faced with the reality…
Well that’s it. Just like that the decade is over and the “Roaring” 2020s are here. Before we can discuss where we are going, however, we need to look back to where we’ve been in the last decade. Smartphones took over. Regular television was largely replaced by Netflix and other streaming services. Social media became…
The entertainment industry is buzzing with Golden Globe nominations just being announced. One movie with a significant amount of nominations is Noah Baumbach’s Marriage Story. It has gotten rave reviews and has additionally been the talk of the matrimonial law community. **CAUTION – SPOILERS AHEAD** Without getting into too much detail (because it is worth…