Blog Posts in April, 2017

Bankruptcy and Divorce

The reality of divorce is that one household will become two. Where there used to be adults sharing responsibilities, bills, and often incomes, now each spouse will have to figure out how to make ends meet with only one income. Sometimes one of the spouses has been out of the job market for a while and needs time to bring his or her earning potential up. In any case, divorce creates financial ...

Step-Parent Adoption and Involuntary Termination of Parental Rights

After divorce or separation, most times both parents will move on. In many cases one of the parents will get remarried. The new spouse will have a special bond with the child of the original marriage, and in some situations may end up being a better parent to the child than the biological child. Step-parent adoption is a process by which the new spouse may adopt the child and become the legal ...

Splitting Up Siblings in Custody Orders

Very few relationships in our lives have such power and influence over us than our family relationships. Psychological studies have demonstrated that out of those relationships, the relationship between siblings has enormous influence, and possibly even more than that of the parent-child relationship. When a divorce or separation is imminent, the parents will have to deal with the custody and ...

Tri-Parenting

As times change, our notions of parenting and family are changing with it. The law is required to change to keep up with the times. With domestic partnerships and same-sex marriage becoming more common, families are faced with new sets of facts that would not have previously been considered. One such situation arose in a recent case called D.G. v. K.S. , wherein the court was faced with the issue ...

Final Domestic Violence Order Cannot Be Agreed To

The vast majority of divorces and other family law cases end in settlements. This practice helps bring otherwise complicated and emotionally difficult situations to a swift end. It also helps the parties to maintain a degree of control over their particular situation, as a settlement agreement allows the parties to carefully craft terms that are custom tailored to their families and their needs. ...

Alimony and Overspending - Ponzetto v. Barbetti

In several New Jersey cases, it has been established that the goal of spousal support is to help the spouse receiving support the ability to continue to maintain a lifestyle that is reasonably comparable to the one the spouses had while they were married. However, in these economic times, it is not unusual for spouses to spend beyond their means, live on credit, and otherwise maintain a lifestyle ...

Emancipation Law and Child Support

In the past few years, New Jersey has passed several laws reforming the way family law operates. In January 2016, a new child support law was signed by the governor, and it took effect on February 1, 2017, and helps to determine when a child is emancipated, meaning when the parents are no longer obligated financially for the child. The law will apply to all child support orders issued prior to or ...

Domestic Violence - Silver v. Silver and A.M.C. v. P.B.

Domestic violence is still a pervasive problem in the United States, and New Jersey is no exception. If domestic violence is an issue in a relationship, the abused partner can request a final restraining order under the New Jersey Prevention of Domestic Violence Act. The law recognizes that domestic violence comes in many forms, and provides a method of seeking protection to victims of domestic ...

Destroying Photos and Videos - C.S. v. B.S.

During a marriage, couples can accumulate hundreds or even thousands of photographs and videos. Unlike other pieces of personal property such as linens or knick knacks, these photographs and videos cannot be replaced once destroyed. Like other items in a court order, parties may face severe consequences if they destroy this type of material in violation of a final divorce decree. In C.S. v. B.S. , ...

Steps to Take Before Filing

Preparing for divorce is a vitally important part of the beginning of the process. Many people underestimate the significance of making sure some basic and proper steps are taken before the divorce is first filed. Ensuring that certain measures are taken before the divorce is first filed can help reduce the stress and commotion that often accompanies the initiation of a divorce case. First you ...

How to Choose the Right Family Lawyer

Family law disputes, whether it is divorce, child custody, or another issue, are difficult and stressful. The importance of having the right team to support you through the process cannot be overstated. Your family attorney will be the one heading up that team, and choosing the right family lawyer can make a large difference in your case. First, remember that you will be sharing many personal ...

If the Children Refuse to Attend Visits

Following a custody dispute, divorce, or separation, not just the parents, but also the children may have a difficult time adjusting to the new “normal” of living between two separate households. Family law disputes sometimes involve a high degree of animosity and tension between the parents, and children are perceptive and can pick up on the conflict. In some cases, children will start refusing ...