More and more women are choosing to exclusively breastfeed given the reports as to the superior health benefits, not just physically but psychologically, of breast feeding. Arranging parenting time between divorced or separated parents of a child who is still breastfeeding poses issues not just with overnight parenting time but…
New Jersey Divorce and Family Lawyer Blog
Appellate Division Upholds Trial Court’s Issuance of Final Restraining Order on Grounds of Harassment
On November 8, 2017, the New Jersey Appellate Division issued the unpublished opinion in the domestic violence case of J.R. v. C.R. (A-4936-15) affirming the issuance of a final restraining order (FRO) entered against J.R. who was in a dating relationship with C.R. Here, C.R. obtained a temporary restraining order (TRO) on…
How Young is Too Young to Marry?
Marriage is not as popular as it once was. Based on 2011 data available to the Pew Research Center, barely half of all adults in the United States were married, which was a record low. In 1960, 72% of all adults ages 18 and older were married. Contrast that with…
Family Part Court Rule Amendments – 2017 (Part II)
In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two…
Supreme Court of New Jersey Addresses Debate Over Enforcement of Premarital Promise to Share in an Asset
For many years Palimony actions were proliferating. Spurned on by the original landmark palimony case filed against actor Lee Marvin by his former girlfriend in California. palimony actions gave hope that people (usually women) in long term relationships without marriage would have some financial rights when the romantic relationship went sour.…
Domestic Violence Complainants in New Jersey May Testify About Allegations in a Prior Domestic Violence Complaint That Had Been Voluntarily Dismissed
It is not unusual to question whether a litigant seeking a final domestic violence restraining order is permitted to testify about a prior domestic violence restraining order that was dismissed when outlining a couple’s prior history of domestic violence for a court. In M.D. v. P.D.(A-2054-15T, October 13, 2017),…
Family Part Court Rule Amendments – 2017 (Part 1)
Despite the recent heat wave, Fall has arrived. Besides the presumably cooler weather, when the calendar hits September, we can always look forward to a number of things – school starts, rush hour traffic resumes, shorter days, etc. However, for us lawyers September brings with it the annual amendments that…
New Jersey Appellate Division Critical of Eve of Trial Use of In Limine Motions to Seek Summary Judgment Dismissal
On September 20, 2017 the New Jersey Appellate Division approved a domestic violence case for publication the matter of L.C. v. M.A.J. (A4933-15T2), in which the Appellate Division addressed the use of pre-trial in limine motions, which are pretrial motions commonly used to request the court to make legal determinations about evidence…
United States Supreme Court Issues Ruling Addressing Divorced Spouse’s Rights to Ex-Spouse’s Military Pension
I would like to begin this blog post by thanking all those who are currently serving in the United States military and to all Veterans that have served. Currently, there are approximately 22 million veterans of the U.S. armed forces and 1.5 million currently serving. On September 15, 2017, the U.S. Supreme Court issued a…
Taking Stock in a Marriage: When is it Time to Save a Marriage vs. When is it Time to End It?
Summer is over. The kids are back in school. The normal routine has returned to your life. This is a comparatively calm time for most households. There are fewer stressors, a little more “me time” and a lot less “rock ‘n roll” than during the summer. It is a good time…