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Blog Category: Family Law

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...

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...

Why Is Divorce So Painful?

Mar 24, 2017 | Written by: William J. Rudnik, Esq. |

In our society, there is a great emphasis on relationships.  This includes relationships with friends, with family, and romantic relationships with significant others.  Most of us like to spend time...

Premarital Agreements For People Over 50

Mar 13, 2017 | Written by: Diana N. Fredericks, Esq. |

The rate of divorce for first marriages is approximately 40-50%[i]; that number jumps to an estimated 73% for second marriages[ii].  Now consider that the majority of New Jerseyans divorcing are over...

Can a Court Force You to Pay For Your Child’s College, Even If You and Your Former Spouse Agree Not to Do So?

Mar 3, 2017 | Written by: William W. Goodwin, Jr., Esq. |

Approximately 35 years ago, the New Jersey Supreme Court issued an often-cited opinion in which it held "the privilege of parenthood carries with it the duty to assure a necessary education for...

Divorce, Tax Liability, and Innocent Spouse Relief

Feb 23, 2017 | Written by: Diana N. Fredericks, Esq. and Daniel S. Makoski, Esq. |

Innocent Spouse Relief can be a strong defense for a spouse who discovers a tax liability during a divorce.  That is assuming the spouse qualifies as an “innocent spouse,” according to IRS...

Domestic Violence as Portrayed in Popular Music

Jan 31, 2017 | Written by: William J. Rudnik, Esq. |

As we approach Super Bowl Sunday, I am reminded of the claims that Super Bowl Sunday has the highest domestic violence incident rate of any day each year.[i]  Domestic violence has been a societal...

What Should I Expect from Family Law Mediation?

Dec 2, 2016 | Written by: Diana N. Fredericks, Esq. |

Whether or not your family law case is involved in formal litigation, it is very likely that you will participate in some type of alternate dispute resolution, usually mediation.  Even the most...

Recent Decision Provides Guidance on Final Restraining Orders in Domestic Violence Cases

Oct 27, 2016 | Written by: William W. Goodwin, Jr., Esq. |

In A.M.C. v. P.B., an appeals court considered an appeal by an estranged wife of a denial of her request for the issuance of a Final Restraining Order (FRO) and the dismissal of her Complaint under...

Dividing Retirement Accounts After a Divorce

Oct 11, 2016 | Written by: Diana N. Fredericks, Esq. |

Recently, I met several new clients who were each divorced more than twenty-five years, and whose divorce agreements called for the division of retirement accounts…divisions that never occurred. ...