By Tracy Julian and Matthew A. Smuro | January 22, 2024
Equitable distribution of assets is a multi-phase process that includes: (1) identifying each asset owned by either party; (2) valuing each asset; and (3) allocating ownership interests and distributing each asset pursuant to the factors set forth in N.J.S.A. 2A:34-23.1.
8 minute read
By Tanya N. Helfand | January 22, 2024
When negotiating equitable distribution in a divorce, both sides should consider the possible benefits and risks of the division of assets in equitable distribution. One option that can work in many cases is the immediate offset of a pension based on present value.
7 minute read
By David Carton and Lynne Strober | January 22, 2024
One of the roles of a family law attorney is to play defense with respect to dissipation of a marital estate during a divorce. There are two vehicles an attorney can use to achieve the goal of preventing the sale of real estate: (1) obtain an order prohibiting the sale of real property; or (2) file a notice of lis pendens.
7 minute read
By Rebecca E. Frino and Xena A. Balcazar | January 22, 2024
Has a client asked you to look under every rock to account for every dollar spent in their 20-plus year marriage? Has a party refused to provide responses to discovery to the point where litigation has ground to a halt and the case cannot proceed? Has a client demanded that you depose the other party's employer? If you are regularly involved in divorce litigation, the answer to these questions is likely a resounding "yes."
8 minute read
By Kristen E. Marinaccio | January 22, 2024
Even with the steps forward taken by this state to promote equality for same-sex couples with respect to marriage and adoption, it is evident there are still gaps in our statutory scheme that need reform to adequately reflect society's evolving attitude to promoting strong family structures for all couples seeking to start a family.
7 minute read
By Bari Weinberger | January 22, 2024
In 2024, helping our clients become unstuck in their custody issues requires looking beyond the standard model that "conflict=court" to find innovative solutions that sidestep court delays while still protecting children's best interests.
10 minute read
By Deborah E. Nelson | January 22, 2024
Deborah E. Nelson offers a case study to demonstrate the risks and rewards of spousal support buyout.
6 minute read
By Joel R. Brandes | January 19, 2024
In a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.
13 minute read
By Daniel Pollack and Kerianne Morrissey | January 18, 2024
In this article, Daniel Pollack and Kerianne Morrissey explain how appointing relevant medical personnel and domestic violence survivors would strengthen the domestic violence review team's objectives and save lives.
4 minute read
By Rebecca L. Palmer | January 17, 2024
Because the holidays are such a joyous time, it seems nearly incomprehensible that January is the most popular time for couples to split up—so popular in fact, it has earned the designation of being called "divorce month."
5 minute read
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