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Archive: 2017

Out-of-State Relocation Standard in Divorce Cases Changed to “Best Interest” Analysis

Aug 17, 2017 | Written by: William J. Rudnik, Esq. |

In New Jersey, the statute N.J.S.A. 9:2-2 allows a parent to relocate out of state with the parties’ children if the other parent agrees or if the court issues an order allowing the move.  In cases...

Name Change of a Minor in the Twenty-First Century

Aug 11, 2017 | Written by: Diana N. Fredericks, Esq. |

In June 2017, the trial court published an opinion addressing a matter of first impression in the State of New Jersey[i].   Plainitff, the mother of the 16-year-old child, petitioned the Court to...

Court Rules Against Employer for Not Accommodating Employee’s Religious Belief of “Mark of the Beast”

Jun 28, 2017 | Written by: Leslie A. Parikh, Esq. |

Recently, the Fourth Circuit Court of Appeals upheld a near $600,000 award against an employer for failing to accommodate an employee’s religious belief after a biometric hand scanner was installed...

What Happens If Your Divorce Case Goes to Trial?

Jun 23, 2017 | Written by: William J. Rudnik, Esq. |

The goal of every person getting divorced should be to settle the case as quickly, painlessly and inexpensively as possible.  There are many ways to settle a divorce case, including through the...

What Happens When You Don’t Have an Estate Plan?

Jun 16, 2017 | Written by: Daniel S. Makoski, Esq. |

There are two ways in which your property can be apportioned to family and friends after your passing.

Should I File a Motion in the Midst of a Divorce Settlement?

Jun 15, 2017 | Written by: Diana N. Fredericks, Esq. |

One of the most frequently asked questions in a divorce, custody, or support proceeding is “when and how do I get before the judge to have him/her decide my case/issue?”  Unfortunately, it is a...

City’s Delay in Abating Dangerous Condition Deemed Not Unreasonable

May 23, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently held that a delay of more than one year in abating a “dangerous condition” was not “palpably unreasonable” because the municipality was required to publicly bid...

Court Finds That Uncooperative OPRA Litigant is Not Entitled to Attorney’s Fees

May 22, 2017 | Written by: Tara St. Angelo, Esq. |

Typically, a prevailing party in a lawsuit seeking disclosure of records under the Open Public Records Act (OPRA) is entitled to attorney’s fees.  N.J.S.A. 47:1A-6.  However, the Court held in...

The Right of First Refusal for Parenting Time…a Blessing or a Curse?

Apr 24, 2017 | Written by: Diana N. Fredericks, Esq. |

Many parents want to include a right of first refusal provision in their custody and parenting time or marital settlement agreements.  Such a clause requires a parent to contact the other parent if...

Appellate Division Confirms that Personal Information on OPRA Requests Is Protected from Public Disclosure

Apr 7, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently upheld a trial court’s determination that telephone numbers, home addresses, and email addresses of OPRA (Open Public Records Act) requestors could be redacted in...