June 22nd, 2020 | Written by Diana N. Fredericks, Esq.
In the recent case of Gormley, the NJ Superior Court Appellate Division clarified the case of Gilligan2, which was being misinterpreted to state that a party who receives social security disability during a marriage cannot rely on the Social Security Administration's (SSA) determination as prima facie evidence of the party's inability to work for purposes of income imputation in the calculation of spousal and child support.
May 28th, 2020 | Written by William J. Rudnik, Esq.
As a certified matrimonial law attorney, I am usually very busy and focused on my clients, and I do not often have time to ponder life in general. The COVID-19 pandemic has afforded me some time to reflect on life…as we once knew it, and as we now know it.
April 20th, 2020 | Written by Diana N. Fredericks, Esq.
If you were thinking about getting a divorce before March 2020, you may have felt that the time was “right.” The economy was seemingly doing well, unemployment was low, stocks were high, you made it through the holidays; it may have. Then the coronavirus (COVID-19) arrived.
March 24th, 2020 | Written by Diana N. Fredericks, Esq.
We are all living in an unprecedented time as a result of the coronavirus (COVID-19) pandemic. This is new territory for divorced parents dealing with New Jersey’s “stay at home” order and imposed social distancing while simultaneously attempting to co-parent. It is also uncharted territory for the attorneys advising them. How are parents supposed to address transfers (hand off) of children if they are supposed to stay at home? Do parents feel safe in handing off their children when there may be issues of trust between the parents? This blog will attempt to address those concerns, understanding that there is much uncertainty and little guidance provided at this time.
March 11th, 2020 | Written by Diana N. Fredericks, Esq.
This article will address the following frequently asked questions: How long does it take to get a divorce in New Jersey? Do I need to hire an attorney to handle my divorce? Can my spouse and I use the same attorney? How much will my divorce cost? Can I force my spouse to pay for my legal fees in a divorce? What are the requirements for filing for divorce? Do I have to continue to live in the house with my spouse during the divorce? Can I change the locks on the house? My spouse wants to attend mediation to resolve our divorce. Should I go?
February 10th, 2020 | Written by Diana N. Fredericks, Esq.
Prenuptial agreements (prenups) can be valid and enforceable in the State of New Jersey. In the recent case of Steffens[i], the Appellate Division held that a 20-year-old prenup signed in 1994, the day before the parties’ marriage ceremony took place, was valid and enforceable.
January 17th, 2020 | Written by Diana N. Fredericks, Esq.
Newly passed NJ Senate Bill 3528 has established a process to obtain an expedited judgement of adoption for a spouse or civil union partner of a biological or legal parent of child when both parties are named as parents on the child's birth certificate. The bill was signed into law on January 13, 2020 and becomes effective April 1, 2020.
December 4th, 2019 | Written by Diana N. Fredericks, Esq.
The Sexual Assault Survivor Protection Act (SASPA) was passed into law in November 2015 and enacted in May 2016[i]. This Act provides greater protection to victims of sexual offenses by allowing them to obtain a protective order. You can read the law at N.J.S.A. 2C:14-13 et seq.[ii] New Jersey Rules of Court, Rule 5:7B[iii] addresses SASPA. In November 2019, the Appellate Division of New Jersey, in the case of C.R. v. M.T., Docket No. A-0139-18T4[iv], addressed the issue of an intoxicated victim. The Court indicated that under SASPA, a victim who alleges that voluntary intoxication prevented her from consenting to sexual contact with defendant must prove extremely high level of intoxication, i.e., a "prostration of faculties."
November 1st, 2019 | Written by Diana N. Fredericks, Esq.
Many clients are relieved, for a variety of reasons (stress, financially, emotionally), to be done with their divorce, but the entry of a final judgment of divorce is not necessarily the end of the inquiry. Instead, there are often “to do’s” at the conclusion of a divorce and it is critical that you follow through.
October 15th, 2019 | Written by Diana N. Fredericks, Esq.
In March 2007, the Supreme Court of New Jersey launched a pilot program for parent coordination[i]. That program defines a Parenting Coordinator as “a qualified neutral person appointed by the court, or agreed to by the parties, to facilitate the resolution of day to day parenting issues that frequently arise within the context of family life when parents are separated. The Parenting Coordinator’s goal is to aid parties in monitoring the existing parenting plan, reducing misunderstandings, clarifying priorities, exploring possibilities for compromise and developing methods of communication that promote collaboration in parenting. The Parenting Coordinator’s role is to facilitate decision making between the parties or make such recommendations, as may be appropriate, when the parties are unable to do so.”