The first Tuesday of every November serves as Election Day in New Jersey and across the United States. Immigration, both legal and illegal, continues to be controversial issue in current elections. On Election Day Eve, November 2, 2015, the New Jersey Appellate Division published their Opinion in OYPC v. JCP, —…
For those of you that have attended Mr. Yudes’ annual ICLE seminar: Family Law Update and/or those of you that have paid close attention to newly published trial court decisions over the past three (3) years will not be surprised to find that the Honorable Lawrence R. Jones, J.S.C., a Superior Court…
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…
Previously we have written about the 2014 modifications to N.J.S.A. 2A:34-23 which dramatically changed the law in New Jersey as it relates to alimony. As outlined in that blog, the statute not only eliminated permanent alimony as a judicial option but clarified the law as it related to the impact…
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…
More and more litigants today are agreeing to arbitrate matters outside of the public sphere of the courthouse and hire a private arbitrator to resolve their dispute in lieu of a judge in the court doing so. In the context of a business or contract dispute, the aggrieved parties might…
Recent matters in the news this month have had me thinking about the intersection of religion and law. Earlier this month, Rowan County Kentucky clerk, Kim Davis, was jailed for contempt because she refused to issue marriage licenses to same sex couples despite the June, 2015 decision of the…
During a custody dispute over children, if the parties cannot reach an agreement between themselves as to the custody and parenting time arrangement that serves the best interest of the child(ren) at issue, the Court will then be called upon to make that determination for them. The Court is required…
It is well known that when an unmarried individual destroys property that belongs to someone else that can be a predicate under New Jersey’s Prevention of Domestic Violence Act (PDVA). However, the waters become muddy when a spouse destroys marital property as “property, both real and personal” is part of…
Frequently, clients come to me complaining that their spouse or partner is exposing their children to dating relationships or conversely ask what should be their response to a spouses objection. Generally I advise that one should follow a common sense approach, meaning one should look at the effect on the children…