Blog Posts in August, 2015

Divorce By The Campfire: Just A Dream?

As I sit by a campfire on a beautiful late August evening, I cannot help but ponder how many divorces could be easily settled in this environment. By the time a divorce has been filed and the parties have backed into their respective corners, it is hard to break down the emotional walls that they have erected to protect themselves from emotional injury. Forgetting that a divorce is often a ...

Is My Spouse Entitled To 'X'?

The first question often asked to us when we consult with a potential divorcee is “Is my spouse entitled to X?” ‘X’ can stand for anything as large as a boat to as small as a collection of pens. For purposes of this article, let’s say ‘X’ is a boat. The first question we ask is “when did you purchase the boat?” If you purchased the boat prior to the marriage then there is a good chance you will be ...

I Want To Have A Prenuptial Agreement: Now What?

Prenuptial Agreement Series — Part 2 This is how we often see things happen: So I want to get a Prenuptial Agreement. I’ve already talked to my fiancé. We agreed to certain terms so I’ll just call around, have an attorney draft a quickie Prenuptial Agreement on the cheap for us to sign the week before the wedding. I’m sure my fiancé will sign it since we’ve already talked about everything. That is ...

A Prenuptial Agreement Isn't Just For Rich People

Prenuptial Agreement Series - Part I It is a common misconception that a Prenuptial Agreement is only for the wealthy. Just because you don’t have real estate like Donald Trump or a six-figure contract like Johnny Football doesn’t mean that a Prenuptial Agreement doesn’t have value to you. You may be protecting your income or the minimal assets you are bringing into the marriage or you may be ...

Leaving A Child Alone In A Car Is Child Abuse, Isn't It?

We have all heard the stories of a parent leaving a child alone in a car for minutes, or hours, with sometimes grave consequences. Most parents wonder how it is possible to forget a child in a car or feel safe leaving your most precious cargo venerable in a car when you are not there. In this context, DCP&P (the Division of Child Protection and Permanency) becomes involved when a parent is ...

NJ Family Law Appeals: The Good, The Bad And The Ugly!

NJ Family Law judges are given tremendous discretion in making decisions regarding custody, support, division of assets and debt, and in assessing counsel fees. The court’s decisions are sometimes very easy to understand and based upon the prevailing statutory and case law, whether we think the law is fair or not. However, sometimes the decisions are either not based upon the facts at all, not ...

Alimony Decision From The NJ Supreme Court: What Does It Mean For You?

Last week, the New Jersey Supreme Court issued a decision in the case of Gnall v. Gnall . In short, the issue before the court was whether a marriage of 15 years could result in limited duration alimony or whether it must result in permanent alimony (now known as open duration alimony). In order to understand the case and its holding, it is important to understand that there are four types of ...