Donovan Swift

January 22, 2024 | New Jersey Law Journal

With many couples choosing to wed for the first time later in life, and other couples choosing to re-marry in their golden years, changes in marital status can impact a family's estate planning in important ways. Both family law and estate planning attorneys should be aware of the substantive nuances each brings to the client relationship as well as ethical issues in this type of engagement.

By Lisa S. Presser and Brian M. Balduzzi

9 minute read

January 22, 2024 | New Jersey Law Journal

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.

By Tracy Julian and Matthew A. Smuro

8 minute read

January 22, 2024 | New Jersey Law Journal

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.

By Tanya N. Helfand

7 minute read

January 22, 2024 | New Jersey Law Journal

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.

By David Carton and Lynne Strober

7 minute read

January 22, 2024 | New Jersey Law Journal

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."

By Rebecca E. Frino and Xena A. Balcazar

8 minute read

January 22, 2024 | New Jersey Law Journal

The NJSBA's weekly report.

By New Jersey State Bar Association

5 minute read

January 22, 2024 | New Jersey Law Journal

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.

By Kristen E. Marinaccio

7 minute read

January 22, 2024 | New Jersey Law Journal

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.

By Bari Weinberger

10 minute read

January 22, 2024 | New Jersey Law Journal

Deborah E. Nelson offers a case study to demonstrate the risks and rewards of spousal support buyout.

By Deborah E. Nelson

6 minute read

January 19, 2024 | New Jersey Law Journal

Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.

By Harvey Weissbard

17 minute read