If you feel as though you are in a downward spiral as a result of your divorce, you’re not alone. Whether you finalized your divorce last week or decades ago, it may be time to get another one. “Another divorce from who?” you’re probably wondering. Nora Ephron once said, “Marriages come and go, but divorce…
Can You Request a Different Judge? The short answer is “yes” if you are asking for the right reasons. Asking a judge to remove him or herself from a case is called a “recusal.” How to File a Motion for Recusal A motion for recusal must be filed with the judge you are seeking to…
Studies show that divorce rates for families with special needs children are as high as 85-87%. As such, it is not uncommon for a family law practitioner to encounter a client with a special needs child seeking a divorce or involved in a custody dispute. Most common are matters involving an autistic child, but most…
Clients often ask: “What are some of the mistakes people make when they have a family law issue?” Common issues, such as divorce, post-judgment enforcement, or prenuptial agreements can begin with surprising haste, and even before things begin at an official capacity, you might find that you’re already behind the ball. For that reason, we…
An issue that often arises in family law practice is whether a party can avoid having to pay a counsel fee award to the other party by filing for bankruptcy and attempting to discharge the debt. In Bisbing v. Bisbing, III, a recently published (precedential) decision, however, the Appellate Division concluded attorney’s fees awarded in…
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…
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…