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 be more inclined to consider having an arbitrator decide their case. Continue reading ›
Articles Posted in Divorce
Supreme Court of New Jersey Adds New Rule of Evidence: Mental Health Service Provider-Patient Privilege
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 to make findings as to , and will apply the 15 statutory factors of N.J.S.A. 2A:9:2-4, among which are factors that include the “fitness of the parents”, the “parents’ ability to agree, community and cooperate in matters relating to the child”, the “needs of the child”, and the “stability of the home environment offered”. Continue reading ›
THE ASHLEY MADISON SCANDAL – PRACTICAL CONSIDERATIONS
The media remains abuzz on reports that the website, Ashley Madison, was the target of cyberhacking. For those who may not be aware, Ashley Madison is known as the leading website for persons looking to have an affair. It’s slogan is: “Life is short. Have an affair”. Continue reading ›
DON’T STOP! (Maintaining Health Insurance During Divorce That Is)
During the initial meetings with a client when a divorce action is being contemplated or has just been filed, he or she often has preconceived notions of what the impact of the divorce filing may have upon their rights and/or responsibilities going forward. Some mistakenly assume that the mere filing of an action for divorce means that they are no longer “married” or that it constitutes a state of “legal separation”. Neither of these assumptions are true Continue reading ›
Use of Social Media in Court: An Ethical and Jurisdictional Dilemma
Approximately one year ago, my colleague wrote a blog post raising awareness and spreading concern about how the communications and content found on one’s social media could potentially be used against them in a variety of ways in Court. It is no big surprise that with the explosion of social media and the countless ways individuals can communicate in an ever evolving world of technology that those communications are being monitored for potential use in litigation. Continue reading ›
How Do I Find the Right Divorce Lawyer For Me?
Most people have limited contact with lawyers. The average American is not likely to cross a lawyer’s path other than when buying a house, settling a loved one’s estate or contesting a traffic ticket. Meeting a divorce lawyer for the first time is often a difficult and emotional process. Questions swirl in your mind as you try to make sense of the process and seek to learn how it all works. You need to make a lot of important and life altering decisions during a divorce proceeding. To make those decisions you need good information about the law, your rights and what you can expect. You also need to decide if you will be represented by an attorney and who that attorney will be. Continue reading ›
What is the Correlation Between and Consequence of Premarital Cohabitation and Divorce?
When it comes to romantic couples “living together”, attitudes have changed from what they were a few decades ago. The negative stigma attached to couples cohabiting outside of marriage has waned and fewer people view unmarried couples who live together as inappropriate or immoral. In fact, many couples view “living together” as a way to live without marriage, as part of dating, as a means to reduce expenses or as a useful step or “test run” so to speak in the road towards marriage. Continue reading ›
Sorry Dad, Girls Just Want to Have Fun: New Jersey Superior Court Judge Rules That Mother Was Right To Bring Daughter to Rock and Roll Concert
Parental disagreements as to a child’s upbringing are probably about as old as humankind. Nowhere are these conflicts more prevalent than in today’s modern society where children are bombarded with content from the internet, television, phones and computers. Parents often disagree on what content is appropriate and inappropriate for their child to see and hear. Rock and Roll has been a controversial subject dating back to the 1950s and remains one today. While the burnings of records of the “Devil’s Music” are no longer taking place on Main Streets across America, many parents still struggle with the idea that the content of the music of the pop stars that their young children idolize is not age appropriate for their child. The concept is nothing new and can become further complicated when the parents are divorced. Continue reading ›
Til Death Due Us Part: Overview of Estate Considerations in Divorce
During the initial stages of a divorce action, I am often asked by the client whether they should change their Will to eliminate their spouse as a beneficiary, executor, etc thereunder. The last thing they want is for their dreaded, estranged spouse to get their estate and/or from being in charge of their affairs should they die before the divorce is finalized. Continue reading ›
Are You Worried That Your Spouse is Hiding Assets?
V. Stiviano, the former mistress of former Los Angeles Clippers owner, Donald Sterling, is being sued by his wife of over 50 years, Rochelle Sterling. In her suit, Mrs. Sterling is seeking the return of gifts that Mr. Sterling purportedly gave to Ms. Stiviano. Among the gifts Stiviano apparently received are a $1.8 million home, a Ferrari, two Bentleys and a Range Rover. Mrs. Sterling claims that these gifts were purchased with the parties’ joint monies without her consent. Continue reading ›