September 7th, 2018 | Written by Diana N. Fredericks, Esq.
Divorced parents in the midst of a contentious and lengthy custody dispute asked the Court to opine on whether it was appropriate for their 11-year-old child to attend a Pink concert. The father objected to the child’s attendance at the concert, citing concerns of profane language and sexual content. The father asked the court to find that the mother of this young girl abused her parental discretion, and that this purported abuse be considered as part of the pending custody matter.
September 5th, 2018 | Written by William W. Goodwin, Jr., Esq.
Earlier this year, Congress passed, and the President signed into law, the Tax Cuts and Jobs Act (TCJA). While many of its provisions received a great deal of media attention, one in particular has flown under the radar despite the fact that it may have a substantial impact on parties going through a divorce. That part of the Act addresses the tax treatment of alimony payments made pursuant to a court order, or under a separation or divorce settlement agreement.
August 7th, 2018 | Written by Diana N. Fredericks, Esq.
YES, finalizing your divorce in 2018 versus 2019 will make a difference, since the new tax laws will likely have many effects on divorcing couples.
July 11th, 2018 | Written by Diana N. Fredericks, Esq.
Do not bring friends/family to the courtroom. You do not need to have a fan section, which can be distracting to you and others. Discuss the specifics with your lawyer before you go to court and balance a need for support with the recommendations of your counsel.
June 13th, 2018 | Written by Diana N. Fredericks, Esq.
There is an endless list of experts that are available to assist you and your family when dealing with family law related issues (divorce, custody, parenting time, child support, alimony, division of assets).
May 4th, 2018 | Written by William J. Rudnik, Esq.
When getting divorced, or dealing with other family law issues, there are literally thousands of attorneys from which you can choose. There are roughly 75,000 active lawyers in New Jersey, and many of them advertise in yellow pages, on television, online, and even on billboards. But how can you decide which attorney is best-suited to handle your family law matter?
April 19th, 2018 | Written by Diana N. Fredericks, Esq.
If you are divorced or getting divorced, you should be aware of how the Tax Cuts and Job Act of 2017 (TCJA) may affect you. Some of the changes may be dramatic and, although there are still many unknowns, it is possible that the TCJA may significantly affect your taxes as a divorced person, and possibly your divorce planning.
April 3rd, 2018 | Written by Diana N. Fredericks, Esq.
Immigration status may have a significant impact on decisions affecting custody.
In a recent case[i], the Appellate Division in New Jersey addressed a brother seeking custody of his younger brother as a predicate to obtaining special immigrant juvenile status.
March 27th, 2018 | Written by Diana N. Fredericks, Esq.
The answer is maybe. A reconciliation agreement that is fair, equitable and supported by adequate consideration may be enforceable in certain circumstances. The consideration must consist of one spouse promising to resume marital relations when the “marital relationship has deteriorated at least to the brink of an indefinite separation or a suit for divorce.”[i] And the court must make a finding that the “marital rift was substantial” to find that the promise of reconciliation is adequate consideration.[ii]
February 9th, 2018 | Written by William J. Rudnik, Esq.
One of the questions most often asked in divorce matters is whether a spouse’s conduct or “fault” in causing the divorce proceeding is relevant. The short answer is that usually “fault” has no impact on the divorce case. However, there are some exceptions.