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Articles Posted in Divorce

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MATRIMONIAL P.I.: Practical Considerations in the Use of Private Investigators in Matrimonial Matters

When you mention Private Investigators in the context of a matrimonial dispute, most people think of what is portrayed in movies or in television of a gumshoe Detective tailing a car or hiding in the bushes, trying to get the goods on a suspected cheating spouse. While hiring a private…

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The Panama Papers and the Identification of Potentially Hidden Assets in a New Jersey Divorce

The news agency CNN Money recently published an article entitled “Panama Papers: How the rich try to hide assets from their exes.”  (http://money.cnn.com/2016/04/07/news/panama-papers-divorce/) The “Panama Papers” refer to hacked files from an international law firm based in Panama called Mossack Fonseca.  Those hacked files were analyzed by the press and…

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Lack of Civility in Political Process Mirrors What Can Occur in Contentious Divorce Litigation

This is an interesting political cycle and one cannot help but see some parallels between the lack of civility in the political arena and in our society, as well as how lack of civility relates to spouses in transition. For months, we have heard the candidates often contradicting themselves, suggesting that anyone…

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WHAT GOD HAS JOINED TOGETHER: CIVIL v. RELIGIOUS DIVORCE – PRACTICAL CONSIDERATIONS

Although I can recall having heard about similar stories in the past, a recent news story caught my eye in which a Lakewood, New Jersey couple had been sentenced in a plot to extort a divorce. They, along with others, were accused of involvement in a scheme involving the kidnap…

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Can Incarceration Qualify as a Change in Circumstance Warranting a Modification or Termination of Child Support?

In New Jersey, it is well established that both parties have an obligation to support their children financially.  Accordingly, child support obligations are one of the primary issues dealt with when a marriage or relationship ends between people who have children, whether it be my consensual agreement or court order.…

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CHANGING YOUR MIND: CAN WE UN-DIVORCE?

Over the Christmas holiday I came across a news story detailing a New Hampshire couple’s unsuccessful joint attempt to vacate their 2014 divorce decree on the ground of their reconciliation. In affirming the lower court decision denying their request, the New Hampshire Supreme Court in the case of In the…

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Imputation of Income for Support Cases in New Jersey – The When and the How…

In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed…

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New Jersey Family Court Allows Child Support to be Awarded Retroactive to the Date the Complaint for Divorce is Filed

Generally, when a motion to modify a child support obligation is made New Jersey’s “anti-retroactivity statute” only allows a modification in child support retroactive to the date that the motion was filed.  N.J.S.A. specifically states: “No payment or installment of an order for child support, or those portions of an…

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AND MEDIATION FOR ALL (ALMOST)

Last week, we wrote a blog post discussing the New Jersey Supreme Court’s recent enactment of Rule 5:1-5 which sets forth standards and procedures governing the arbitration of divorce matters. The Supreme Court codified recent case law which had addressed questions arising over the parties’ use of the arbitration process…

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