Articles Posted in Uncategorized

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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 ›

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Our Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et. seq., is designed to afford victims of domestic violence comprehensive protections. Although the fundamental goal of our domestic violence statute is to protect victims, there are certain penalties and loss of freedoms that the perpetrator faces in the process.  One of the most compelling loss of freedoms associated with the domestic violence statute is the seizure of firearms that occurs with the service on a defendant of a domestic violence restraining order.  If convicted of domestic violence, a defendant must forfeit his/her firearms and the right to buy any firearm in the future. Continue reading ›

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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 ›

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In 2014 my colleague wrote an excellent blog entitled “When Does Child Support End?-Shifting the Burden”, which discussed New Jersey law on the emancipation of a child and the termination of child support.    Another colleague has further blogged about the payment of college expenses by divorced parents.  You may also recall a 2014 case filed in New Jersey by Rachel Canning, who moved out of her parents’ home because she did not want to abide by their rules, yet filed an application to compel her non-divorced parents to pay for her college expenses and support. Continue reading ›

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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 ›

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I have previously written articles specifically relating to domestic violence and contempt proceedings, including my most recent post from March 18, 2015 – Final Restraining Orders: When Final Does Not Equate to Permanent.  The Appellate Division recently handed down a published decision that further examines domestic violence in the context of contempt proceedings being held against a Defendant in State v. D.G.M., which was decided on March 20, 2015.  Continue reading ›

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In order to ensure children receive support from both parents, New Jersey employs a number of enforcement mechanisms. These include, but are not limited to:

Income withholding
Credit reporting
Interception of lottery winnings
Tax fund offset
Seizure of assets
License suspension- driver’s, professional or recreational
Passport denial
Civil awards/settlements
Court enforcement
Warrants
Judgments
New Hires Directory Continue reading ›

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One of the more difficult decisions that face many of us in our lifetimes is the decision to stay married or to divorce.  Sometimes the decision as to whether to end a marriage is not left to us; our partner may choose to end the marriage and choice is no longer a factor. Many times, however, the question of divorce is mutually discussed without a firm commitment from either side. Continue reading ›

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For the casual fan like myself, there are periods during the year where the sports landscape is rather barren. The time we are now in between the Super Bowl and March Madness is one such period. Similarly, there are periods where the family law landscape can seem rather barren as well, during which the courts’ issuing of decisions and/or the Legislature’s passing of laws seems to reduce to a trickle.   Continue reading ›

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The New Jersey Appellate Division this week published the case of Elrom v. Elrom, in which the Husband appealed the provision in the parties’ divorce judgment where the trial court imputed income to the parties for purposes of determining the amount of alimony and child support the Husband had to pay to his former Wife.  The Wife in this case was an attorney licensed to practice in New York and New Jersey.   Continue reading ›