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NMM Matrimonial & Family Law Blog


Jul 18, 2018

Statements from Your Children to the Court – Proceed at Your Own Peril

One of the most difficult issues a family law attorney faces is when a child is a witness to or has important information about an issue in his or her parent’s divorce case.  I have never had a child provide a certification to the court, or called a child to testify as a witness, although there have been times I really could have benefited from his or her evidence.  » Read More

Jul 12, 2018

Beneficiary Rights of Separated Spouses

The tragic deaths of celebrities Anthony Bourdain and Kate Spade brought attention to the critical importance of recognizing and treating depression.  In the case of Kate Spade, it also highlights the beneficiary rights of separated spouses.  Ms. Spade’s husband revealed that he and his wife had been separated for almost a year prior to her death.  » Read More

Jun 27, 2018

Standard Provisions of a Marital Settlement Agreement

The main goal of every divorce case is to reach an agreement with your spouse and to memorialize the terms of that agreement in a written and signed Marital Settlement Agreement.  Depending on the issues in your case, the Marital Settlement Agreement must address a variety of issues. » Read More

Jun 19, 2018

A Modern Family

How the terms “parenthood” and “family” are defined continues to evolve.  Today, it is not uncommon for a child to have a parent-child relationship with someone other than his or her biological parents.  As the needs of children change, and as society changes, so does the law surrounding issues of custody and parenting time. » Read More

Jun 13, 2018

The Best Interest of the Child Must Remain the Goal of Custody and Parenting Time Determinations

Jeralyn L. Lawrence, a Member of Norris McLaughlin & Marcus, P.A., Chair of the Matrimonial & Family Law Practice Group, and a member of the firm’s Management Committee, recently participated in the New Jersey State Bar Association (NJSBA) Family Law Section’s seminar, “Would Equal Physical Custody Elevate a Parent’s Desires Over the Child’s Best Interests?” at the NJSBA 2018 Annual Meeting and Convention at the Borgata Hotel Casino & Spa in Atlantic City.   » Read More

Jun 05, 2018

Does Placing a GPS Device in Your Spouse’s Car Constitute Domestic Violence?

Is it domestic violence to place a GPS device in your spouse’s car?  It could be.  While this act alone may not be entirely dispositive of whether an act of domestic violence has been committed, it certainly can be found to constitute stalking and harassment. » Read More

May 30, 2018

Lack of Candor Can Cost You Counsel Fees

Many judges make clear that conduct has consequences: they instruct that when one party raises a meritless claim, and the court dismisses it or finds in the other party’s favor, the court can award the prevailing party counsel fees for having to defend against a meritless claim. » Read More

May 24, 2018

Retirement Assets Can be Invaded to Pay Support Arrears

Domestic Relations Orders are commonly used to divide certain retirement assets following a party’s divorce.  Domestic Relations Orders can also be used to liquidate a retirement account so to pay alimony or child support arrears.  In accord with the law, specifically the state court decision of Mallory as well as federal law, one former spouse has the ability to divide the other’s retirement accounts if the other has failed to pay alimony or child support in full and has accumulated arrears.  » Read More