In this Appellate Division case entitled New Jersey Division of Child Protection and Permanency v. S.K., A-2734-15 (App.Div. August 31, 2018), the defendant argues the Family Part Judge improperly drew an adverse inference against him when he invoked his right against self-incrimination under the Fifth Amendment to the United States Constitution and…
New Jersey Divorce and Family Lawyer Blog
Economic Recovery in New Jersey for One Parent Where the Other Parent Does Not Exercise Parenting Time
A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and that the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a…
FIGHT CLUB PART 2: Angelina Jolie’s Request for “Meaningful Child Support”: Calculating New Jersey Child Support in High Income Cases
The Jolie/Pitt “Fight Club” continues. I previously blogged about the Jolie/Pitt divorce in “Fight Club: What You Can Learn From Angelina Jolie’s and Brad Pitt’s Long Term Relationship With Short Marriage“. This week the media was abuzz with news of Angelina Jolie’s claims that Brad Pitt is not paying “meaningful…
Divorce on Demand in New Jersey?
A few weeks ago The New York Times published an article about a divorce in the United Kingdom caught my attention. The article was called “Divorce on Demand? In the U.K., It’s Not Quite That Simple“. Does the UK have “divorce on demand”? What even is divorce “on demand”? Can spouses…
SUPPORT SECURITY PART 2: THE OFTEN FORGOTTEN BENEFITS
Earlier this year, I wrote a blog post entitled Support Security: Real Life Considerations. In it I discussed the developed case law and statutes dealing with affording dependent ex-spouses (and children) some level of economic security and protection in the event of the death of a payor – spouse, including…
Words Matter in Matrimony
Words matter. Cliche? Perhaps it is. This is a week that illustrates how words have power. Remember when then President Clinton responded to a question with the infamous line about the meaning of the word “is”? Presidential impeachment dangled on a two letter word which most of us took for granted. President Trump…
Are States Like New Jersey Enacting Gun Laws in Recognition of the Correlation of Gun Violence and Domestic Violence?
Mass shootings in schools, colleges, movie theaters, churches, concerts and other public spaces have been in the news regularly, leading to disputes over gun control and issues involving the Second Amendment also in the news, while politicians grapple with how to respond. It is interesting that after a mass shooting, when…
Handling Depression During or Leading Up to Divorce
Kate Spade’s recent suicide has been the subject of widespread speculation in the news. How could it be that this attractive and successful icon of fashion would take her own life? After all she sold her business for billions. She was attractive, popular in the media and in the “right” social circles. She…
Circumstances Under Which an Attorney of Your Choosing May Not Be Permitted to Represent You
One of the many rights litigants have is the right to be represented by counsel of their own choosing. Simple, right? Well, not really. An attorney of your choosing could be disqualified from representing you if that attorney had participated in the matter prior to your representation and your adversary…
U.S. Supreme Court Rules in Favor of Cake Shop Who Refused to Create a Wedding Cake for Same Sex Couple on Religious Grounds
In 2004, Massachusetts became the first state in the United States to recognize same sex marriage. Numerous states thus enact differing laws regarding the ability of same sex couples to marry in their states, with numerous states passing laws to ban same sex marriage, and various states over the years,…