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.”
July 1st, 2019 | Written by Diana N. Fredericks, Esq.
In one of my recent divorce cases, the following question arose: “Would a portion of restricted stock, which vests after the date of the complaint for divorce, be subject to equitable distribution, if the vesting is contingent upon post-complaint employment efforts?”
June 24th, 2019 | Written by Diana N. Fredericks, Esq.
Clients often ask if the cost of a child's car is considered child support in NJ. No, the expenses for the purchase of a child’s car and any associated costs are NOT considered to be part of basic child support under the NJ Child Support Guidelines.
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.
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.
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).
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.