Blog Posts in August, 2017

What is Valid Service and Why Is It Important?

At the beginning of any law suit, including those for divorce or child custody, the plaintiff files a petition with the proper court. The next step is that the defendant must be properly served with a copy of all the necessary paperwork. Service is an essential step of any family law case, and it is important that both plaintiffs and defendants understand at least the basics of the process and why ...

What is Palimony?

The way people are approaching the definition of family is changing rapidly in today’s society. It is not at all uncommon now for two people to reside together, have children, and build a life together for many years without every getting married. This type of arrangement works well for many couples and can have benefits over being married. When a relationship like this breaks down, however, there ...

Settlement Agreement Failure – Can a Party Back Out? Can a Judge Refuse to Approve the Agreement?

In the vast majority of cases, divorces and custody matters end in settlement agreements. This benefits all parties, as they maintain more control over their case and can craft individualized solutions for their families and their futures. With mediation and collaborative law becoming more and more common, there is no sign that this trend will slow or stop any time soon. In most of these cases, ...

Setting and Collecting Child Support Arrearages

At the conclusion of a case involving child custody, there is almost always a child support order entered at the same time. It is also possible to have a child support order independent of a custody order. These orders will make provision for payments of child support and often also health insurance premiums by the non-custodial parent. When a paying parent falls behind in these payments, he or ...

Should I Move Out of the Marital Home During a Divorce?

Divorce and child custody cases mean that there is a lot of change happening, with more to come. This change comes in the form of financial and emotional changes. In almost all cases, one of those big changes is the parties' residence. During a divorce, emotions run high and a situation can become tense between spouses. Naturally, one of the spouses will often leave the marital home before the ...

Parental Kidnapping - Risks and Repercussions

Custody and divorce cases usually mean that emotions run high, and parents can bitterly disagree on what is best for a child. Even when there is already a court order for custody or visitation in place, parents may still have disputes about what is best or even what the terms of the custody order actually mean. In some extreme circumstances, these disputes may lead to one parent taking matters ...

What Kind of Discovery Do I Need?

The divorce process includes many steps, from filing the initial petition to making sure the final decree of divorce gets signed and filed. A step taken in most divorce and child custody cases is discovery. Discovery is a process by which your attorney can find out the proof the other party has and may intend to use at the final hearing. The process can also allow you to uncover paperwork or proof ...

Disabled Children, Custody, and Child Support

Every child and family is unique and has specialized needs. During a divorce or custody dispute, it is up to the parents and the judge to do their best to create a visitation and custody order that will best suit the needs of the children. This presents special issues with each case, as each child is different. These issues about unique and individualized needs can really come to the forefront ...

What is Parental Gatekeeping?

In New Jersey, a court will look to a variety of best interest factors when making a decision concerning custody. An emphasis that can easily be seen in this list of factors is how well the parents are willing to co-operate and interact with each other for the benefit of their shared children. Courts take a harsh view to parents who are not willing to cooperate or are unnecessarily rigid with ...

How to Avoid the Most Common Ways to Lose Custody

Issues involving children and custody are often the most acrimonious and hard-fought battles during a divorce. Parents will fight hard to make sure that a court order reflects what he or she believes is in the child’s best interest. During a child custody case, it can be easy to lose sight of the ultimate goal and get caught up in the fight. Making this mistake can result in a loss of custody. ...

Health Insurance, COBRA, and Divorce

For many families, health insurance is obtained through the employment of one or both of the spouses. In most cases, the entire family, including both spouses and the children, have health insurance coverage through just one of the spouse's employment. Many employers pay a portion of the health insurance premiums for part or all of the family's coverage, helping to drastically reduce the out of ...

Rubino v. Rubino - Child Support and Incarceration

In nearly every case involving children, the New Jersey Court will make an order for support for the parties’ children. There are very limited circumstances under which a non-custodial parent will not be obligated to provide financial support to his or her children. There are circumstances that may warrant reexamining or adjusting child support obligations. One situation which may merit adjustment ...

Divorce Versus Divorce From Bed and Board

Making the decision to get divorced is an enormous one, and it deserves long and careful consideration. Before making such a life-altering choice, many couples decide to have a period of separation, wherein they live apart and consider their next steps. In some states it is possible to obtain a legal separation, but this is not an option in New Jersey for married couples. There is, however, the ...

Setting Aside a Final Divorce Order Because of Fraud

In New Jersey, like in every other state, when people are in court, they must swear that their testimony is true and accurate. Divorce cases are not an exception to this. Couples must disclose all of their assets and debts during the divorce process, in addition to providing an accurate account of their income. Failure to accurately and completely disclose all of this information can be counted as ...

R.G. and R.G. - Violence Between Siblings

All parents know that siblings will squabble. Normal sibling conflict is simply a normal part of every day family life, and something that parents are very used to dealing with. Even some level of physical fighting is typical, especially between very young children who have not yet learned to handle and properly express their emotions. When children get older, the fighting usually takes a turn to ...