After the parties’ 2008 divorce, one party proceeded to file 35 subsequent motions to the Court, each making the same claims and seeking identical relief. When the motions were denied, the litigant sought review by the Appellate Division, while also filing new motions in the trial court before different judges, perhaps in an attempt to obtain a different result from a different judge. » Read More
More than half of the families in the United States were formed by remarriages or recoupling of relationships. Based on current statistics, half of all marriages in the United States end in divorce, and the average length of a marriage is seven years. » Read More
New Jersey’s Superior Court Appellate Division recently addressed a growing family law concern in New Jersey’s immigrant communities: Is a parent’s immigration status relevant in child custody proceedings?
The child—Oliver—was born in Guatemala in 1999. Oliver’s childhood in Guatemala was far from one where he was able to enjoy sports, parks, fun, computers, reading, and games, or receive an education—it was the very opposite. » Read More
A tool that is rarely used when someone defies a court Order enforcing custody and parenting time is the filing of criminal charges against the offender for interfering with custody.
In the recent case of State v. Thomas, a mother was convicted of third-degree interference with custody when she decided to take the parties’ daughter to a make-up water safety class rather than to the child’s father for his parenting time. » Read More
It is frustrating when you represent a client who has a clear Order governing custody and parenting time, but the terms of that Order are constantly thwarted by the other parent. Court rules and previous cases provide for a host of remedies to enforce a Court Order. » Read More
Many domestic violence cases center around allegations of harassment. Harassment is defined as engaging in a course of conduct intended to alarm or seriously annoy another person. To successfully obtain a final restraining order, not only must the alleged victim prove a predicate act of domestic violence, such as harassment, they must also prove that they are in fear of the defendant and need a final restraining order for protection. » Read More
The recent Tax Cuts and Jobs Act, signed into law on December 22, 2017, by President Donald J. Trump, leaves matrimonial and family lawyers eager to understand its implications in preparation for an overwhelming number of questions from past, present, and future clients. » Read More