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Blog Category: Family Law

Does Fault Matter in Divorce Cases?

Feb 9, 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”...

Bankruptcy & Divorce

Feb 5, 2018 | Written by: Diana N. Fredericks, Esq. |

I am not a bankruptcy attorney, but, unfortunately, I have had many family law clients in the midst of a bankruptcy during their divorce, custody, or support disputes.  Bankruptcy may have...

Can a Judge Enter a Restraining Order If There is No Domestic Violence?

Jan 11, 2018 | Written by: Diana N. Fredericks, Esq. |

Clients sometimes ask if a judge has the equitable power to enter a restraining order in the absence of domestic violence.  The short answer is “no,” however, further exploration of the question...

Five Mistakes Commonly Made by Parents in Custody and Divorce Cases

Dec 8, 2017 | Written by: Diana N. Fredericks, Esq. |

Custody & parenting time disputes are often the costliest, emotionally and financially.  Unlike an asset, which has a specific value (or a discernible value, even if you cannot agree), children...

Military Pensions: How the “Frozen Benefit Rule” Applies in Divorce Cases

Nov 10, 2017 | Written by: Diana N. Fredericks, Esq. |

On December 23, 2016, the National Defense Authorization Act (NDAA 2017) was signed into law.  This new rule, sometimes referred to as the “Frozen Benefit Rule,” affects the law on military...

How Childhood Lessons Are Relevant in a Divorce Case

Oct 11, 2017 | Written by: William J. Rudnik, Esq. |

Anyone who has a child (or once was a child) knows the values and virtues that parents try to instill in their children.  These common values and virtues are typically reinforced by schools,...

Ten Things You Should Never Post on Social Media When Going Through a Divorce

Sep 26, 2017 | Written by: Diana N. Fredericks, Esq. |

The way you conduct yourself on social media websites can often hurt your divorce case.  As a general rule, staying off of social media before, during or after your divorce is a best practice, but if...

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...

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...