Articles Posted in Divorce

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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 investigator to determine whether a spouse may be engaged in an adulterous relationship remains a common reason to do so, there are a multitude of other reasons why the use of a private investigator can be an important tool for the client as well as the attorney in the preparation of a matrimonial case. This blog post will discuPrivate Investigatorss some of these circumstances, as well as some practical and legal considerations affecting the use of private investigators. Continue reading ›

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We have all heard of the shocking cost of some celebrity divorces.  But, what about the rest of us? A THREE 100 DOLLAR ROLLSdivorce 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 seen the advertisements claiming that you can be divorced for $400. Unfortunately, the real answer to how much a divorce costs remains illusive. The cost of a divorce really is on a case by case basis. Continue reading ›

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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/) T9-08-1he “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 later published in a report by the International Consortium of Investigative Journalists. The report’s findings have already lead to the resignation of the Prime Minister of Iceland, Sigmundur Gunnlaugsson, after it was revealed that he owned an offshore company with his wife but he had not declared it when he entered Parliament.   Continue reading ›

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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 inTrump for President 2 transition. For months, we have heard the candidates often contradicting themselves, suggesting that anyone on their side would make a better President than anyone in the opposition party, and yet immediately thereafter, sometimes without even taking a breath, opining that their party opponent is also not suited for office. These warranties and calculated retractions are all said straight-faced with innocent eyes, pleading with the listener to ignore the contradiction. Continue reading ›

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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 and/or assault of husbands in an effort to force them to agree to give their wives a Jewish divorce, or Get. Although in our practice, we deal with “civil” as opposed to “religious” divorces, the inter-relationship of the two occasionally comes up. The subject of this blog post is to briefly address how the family courts of this State have dealt with these sorts of issues, and some practical considerations of how to deal with them so as to avoid the extreme situation noted above. Continue reading ›

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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. However, the amount of child support due may be subject to a later modification.  After the entry of a child support obligation, there are a number situations or circumstances that can occur that might warrant a later termination of modification of that child support obligation, including but not nearly limited to the following: the child’s emancipation, a change in the child’s needs, the involuntary loss of income to one of the parents, or a substantial increase in the income of either parent. Continue reading ›

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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 Matter of Terrie Harmon and Thomas McCarron, 2015 WL 7747720 (No. 2015 – 0273; Opinion Issued Dec 3, 2015) held that the family court lacked statutory authority to vacate a decree of divorce upon the joint request of reconciled parties absent a showing of fraud, undue influence, deceit, misrepresentation or mutual mistake. In effect, the Court made clear that simply changing your minds and no longer wanting to be divorced, even if both parties agree, is not a legally valid basis to undo a Final Judgment of Divorce in the absence of an express statutory authorization permitting same. While generally the focus of my practice is getting people divorced, not “un-divorced”, this case made me consider how a New Jersey court might address this or similar issue. Continue reading ›

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19-08-2In 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 for some time, or where a party is not earning or reporting income consistent with that person’s ability to do so.  The case law in the State of New Jersey is fairly straightforward when it comes to when and how income should be imputed to an individual, however, there have been some recent developments that highlight some nuances. Continue reading ›

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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 order which are allocated for child support established prior to or subsequent to the effective date of P.L.1993, c. 45 (C.2A:17-56.23a), shall be retroactively modified by the court except with respect to the period during which there is a pending application for modification, but only from the date the notice of motion was mailed either directly or through the appropriate agent. The written notice will state that a change of circumstances has occurred and a motion for modification of the order will be filed within 45 days. In the event a motion is not filed within the 45-day period, modification shall be permitted only from the date the motion is filed with the court.”  (Emphasis added). Continue reading ›

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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 to resolve issues related to their divorce proceeding, rather than continuing to pursue litigation through the court system and having a judge decide the issues in their case. In so doing, the Supreme Court was furthering the policy that has evolved in recent years encouraging the use of complimentary or alternative dispute resolution (ADR) proceedings as a means to help parties settle cases and/or divert cases from a growingly overburdened judicial system. Continue reading ›