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A Moral Obligation Versus a Legal Obligation

May 30th, 2019 | Written by William J. Rudnik, Esq.

As a divorce attorney, I often have clients who question whether their spouses should or should not do something.  This may have to do with the finances or the children, but it is a common question.  Many times, the answer has to do with the difference between a moral obligation and a legal obligation. 

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Taxes & Divorce - Ten Tips to Consider

May 20th, 2019 | Written by Diana N. Fredericks, Esq.

The new tax law changes (Tax Cuts and Jobs Act of 2017) expire in 2025. This needs to be a consideration in drafting divorce agreements, as these changes may affect what is agreed upon now.

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Why Must I Compromise to Finalize My Divorce?

May 7th, 2019 | Written by Diana N. Fredericks, Esq.

Approximately 97% of divorce cases settle.  Settlement can come easily at the early stages of a case or on the eve of trial, but it is more likely than not to occur at some point in every divorce case.  For settlement to occur, BOTH sides need to compromise.  It is not uncommon for both sides to feel that they have “given in” or compromised more than the other.  And, of course, there are certain instances where one party may be more reasonable or willing to compromise in order to conclude the divorce (or to finalize a matter).   

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Right-to-Die Law Passed in NJ

April 18th, 2019 | Written by Daniel S. Makoski, Esq.

The Aid in Dying for the Terminally Ill Act was signed into law on April 12, 2019. The law, which goes into effect on August 1, 2019, allows a terminally ill patient to make a request to receive medication for self-administration that will hasten death.

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Tax Court Rules that Unmanaged Forest Land Does Not Qualify for Farmland Assessment

April 3rd, 2019 | Written by Tara A. St. Angelo, Esq.

The Tax Court held in Hertz v. Borough of Lincoln Park, Docket No. 009897-2017 (Jan. 8, 2019) that unmanaged forest land does not qualify for farmland assessment.  Pursuant to the Farmland Assessment Act, at least five acres of a property must be “actively devoted to agricultural or horticultural use” in order to be eligible for farmland assessment.  N.J.S.A. 54:4-23.2. 

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Appellate Division Again Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable

April 2nd, 2019 | Written by Tara A. St. Angelo, Esq.

Earlier this year, the Appellate Division held that violations of the Local Government Ethics Law (N.J.S.A. 40A:9-22.5 et seq.) require a showing of intent.  Cosby-Hurling, et al., v. Local Finance Board, Docket No. A-5528-16T2 (Jan. 18, 2019)1.  The decision in Cosby-Hurling was unpublished and, therefore, not binding on other courts.  However, the Appellate Division has again held that a violation of N.J.S.A. 40A:9-22.5(c) requires a showing of intent in the published decision Mondsini v. Local Finance Board, Docket No. A-4482-16T4 (March 5, 2019). 

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How is an “Overnight” Defined When Determining Child Support?

March 29th, 2019 | Written by Diana N. Fredericks, Esq.

If you are divorced (or going through the process) and/or you have children in common, you have likely been confronted with the question, “how many overnights will I have with our children?”  This is one of the first questions that often needs to be answered in order to calculate child support. 

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Governor Murphy Bans NDAs in Sexual Harassment and Discrimination Cases

March 20th, 2019 | Written by Leslie A. Parikh, Esq.

Effective March 18, 2019, New Jersey legislation now prevents employers from entering into non-disclosure/confidentiality agreements (NDAs) with employees who allege harassment in the workplace.  Prior to the passage of the new legislation, such agreements were commonplace in sexual abuse, harassment and discrimination settlements and required that accusers never reveal the details of the claim or the amount of money paid to settle the matter. The legislation was prompted in response to the #MeToo movement and several high-profile harassment cases that garnered significant media coverage.

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Appellate Division Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable

February 27th, 2019 | Written by Tara A. St. Angelo, Esq.

City of Linden Council members recently appealed a determination of the Local Finance Board on summary judgment that they had violated N.J.S.A. 40A:9-22.5(c) by using their positions to secure an unwarranted privilege for another Council member.  Cosby-Hurling, et al., v. Local Finance Board, Docket No. A-5528-16T2 (Jan. 18, 2019). 

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What a Divorce Trial is Like, and Why You Should Avoid It

February 26th, 2019 | Written by William J. Rudnik, Esq.

If you have reached the point where your divorce case is going to trial, it means either one or both parties are unreasonable with regard to their position, or there is an obscure legal issue (very rare) that requires the court to decide the matter.  If you are heading to trial, it means that despite multiple opportunities in the court process to settle your case, your case still has not settled.  While the court process is designed to settle the case prior to trial, unfortunately, it does not always happen.

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