As parents of young children, we understand that the holidays are an extremely busy time of year. The holidays can prove to be even more stressful and daunting for those who are divorced or are divorcing. Below are our top 3 tips to help you navigate this Holiday season as stress-free as possible ..read more

As parents of young children, we understand that the holidays are an extremely busy time of year. The holidays can prove to be even more stressful and daunting for those who are divorced or are divorcing. Below are our top 3 tips to help you navigate this Holiday season as stress-free as possible ..read more

Divorce is daunting enough without having to learn the legal terms associated with it. Each case has its own specific set of facts and thus will have its own set of issues to be argued. As important as it is to have an attorney who can argue your case, it is just as important to have an attorney who can communicate effectively with you. Below are some of the common issues involved in divorce proceedings with a basic explanation of what each means and how the court may view them. Custody Custody is a court determination of which parent will physically and legally be responsible for a couple s m ..read more

The traditional divorce process can be very timely, costly, and stressful, often taking over a year for parties to finalize a divorce by going through the court. The timeline in New Jersey is even worse as the state is dealing with historic backlogs in the Family division as a result of the COVID-19 pandemic and the number of judicial vacancies that have yet to be filled. In the past three years, the court system in NJ has struggled to close its high vacancy rate, which has left courts operating with roughly 60 open positions, with New Jersey s Chief Justice, Stuart Rabner warning that the sta ..read more

To obtain a divorce in New Jersey, you must state a reason for the divorce that is recognized by New Jersey law. (These are called grounds for divorce). New Jersey recognizes 9 different grounds for divorce, some based on fault while others are considered no fault. Adultery (fault based) Willful and continued desertion for 12+ months (fault based) Extreme cruelty for 3+ months (fault based) Voluntarily induced addiction for 12+ consecutive months (fault based) Institutionalization for mental illness for 24+ consecutive months (fault based) Imprisonment for 18+ consecutive months (fault based ..read more

Is Apple s Latest iMessage feature, Check In the solution needed to resolve the double edge sword of tracking our children s location after a divorce ..read more

When making determinations on custody, the court s main concern is typically the best interests of the child. Kinsella v. Kinsella, 150 N.J. 276, 317-18 (1997). What the court finds to be in the best interests of the child, however, may differ from what a parent believes to be in the best interests of their child(ren). As such, it is imperative to know the considerations of the court in making custody determinations to best understand how the court arrives at its decision. The New Jersey Court considers the following factors when making a custody determination: Parents ability to agree, commun ..read more

When parties to a divorce cannot make an agreement of property allocation on their own, it will then be determined by a trial judge. A common misconception in divorce is that property is automatically split 50/50 between the parties. While this may be true in a minority of states, in New Jersey courts utilize equitable distribution to allocate property during a divorce. (See N.J.S.A. 2A:34-23). New Jersey has emphasized the use of equitable distribution and its partnership-based model is grounded in public policy. (See Smith v. Smith, 72 N.J. 350, 361 (1976)). In utilizing this model, the Cour ..read more

Do Not Forget About Your Cellphone: A Checklist for Cutting Digital Ties Connecting You and Your Ex-Partner. In Family and Divorce Law, many positive technological advancements are exploited and used for unintended and sometimes illegal purposes, for example continuing to use a Family iCloud account after divorce proceedings commence to access Find My iPhone to keep tabs on their ex-spouse. Or by overusing a common and known password, an ex-partner gains access to accounts on food delivery, car services, city bikes, and other apps created to make our lives easier but now leave a digital footpr ..read more

Costner learned a lesson, to an estimated sum of $80 million, from his first divorce in 1994.1 Upon entering his marriage with Christine Baumgarnter, Costner signed a prenuptial agreement in case they split. This time, instead of losing half of what he owned, he instead will only be losing that which was agreed upon long before the relationship became rocky. While specific details of the agreement have not been released, a few terms are known. These include: A required vacancy clause, giving Baumgartner a time after which she must be off any property owned by Costner; and Listing of separate p ..read more