Allocation of higher education expenses for the children of divorced or non-married parents continues to be an area of litigation and developing law. This week, the Appellate Division approved for publication the case of Avelino-Catabran v. Catabran, in which the Appellate Division addressed the interpretation and enforcement of a Property…
New Jersey Divorce and Family Lawyer Blog
New Jersey Appellate Division Vacates Trial Court’s Orders Denying Father Additional Visitation
The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.” On June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three…
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…
How Much Will A Divorce Cost? It Depends.
We have all heard of the shocking cost of some celebrity divorces. But, what about the rest of us? A divorce can be costly at any financial level. One of the first questions an individual pondering divorce has is, “how much does a divorce cost?” And, many of us have…
New Jersey Supreme Court Addresses Discretion of Judges When Interpreting Agreements for Termination of Alimony Due To Cohabitation
We have written previously about issues of cohabitation and it’s impact on the right and obligation to receive and pay alimony. We have also written about the courts’ attitudes towards the enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ…
Forget the Pony: How About A Car! — Real World Child Support Considerations
In handling divorce matters, there are many issues that the parties argue about. One issue, however, which is rarely disputed is a need for, or a willingness to, financially support one’s children. What parties may fight about is how much that child support should be. That determination is dependent upon…
Is “Bird Nesting” After a Divorce a Reasonable Aid to Co-Parenting?
I am always encouraged when parents who are ending their relationship strive to put aside their own personal conflict with one another to try to do what is best for their children. It is well acknowledged that it is important to children’s development for them to have consistency and stability in…
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…
Revisiting the Application to Dissolve or Modify a Final Restraining Order
In a prior post, I took a look at the process necessary to seek the dissolution or modification of a Final Restraining Order (FRO), specifically taking into consideration the Carfagno factors that have since been adopted by the Appellate Division as a non-exhaustive list of factors for the Court to…
The Effect in New Jersey of a Non-Relocation Agreement on the Primary Custodial Parent’s Request to Relocate to Another State
Historically, New Jersey case law did not favor allowing a custodial parent to relocate another state with a child. However, the major advancements in technology which allow people to remain in constant contact with each other and the ease with which one can travel interstate has shifted the tide. Under…