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Blog Category: Family Law

Sexual Assault Survivor Protection Act to Become Effective in May 2016

Mar 15, 2016 | Written by: Diana N. Fredericks, Esq. |

A new law to expand protection for NJ victims of domestic violence, the Sexual Assault Survivor Protection Act of 2015, was signed by Governor Christie in November 2015 and will become effective in...

Divorce & Taxes – Top 10 Considerations

Feb 10, 2016 | Written by: Diana N. Fredericks, Esq. |

Taxes and the implications thereof are a significant consideration when preparing for your divorce. You need to be aware of the following concepts and ideas, not only when negotiating your divorce...

If I Remarry, Can My Child Call My New Spouse “Mom” or “Dad”?

Dec 22, 2015 | Written by: Diana N. Fredericks, Esq. |

According to a new, unpublished trial Court opinion issued by Judge Jones, the answer is yes. If the child is of sufficient age and maturity to distinguish between the biological and step-parent, the...

If I Move Out of Our Home During Our Divorce, Will I Lose My Rights to It?

Dec 2, 2015 | Written by: William J. Rudnik, Esq. |

No, if you elect to move out of the home during the marriage, you do not lose any of your rights to the equity in the home. Ultimately, your rights to the home are determined by the factors set forth...

Can A Restraining Order Be Granted if Domestic Violence Was Violently Provoked By The Plaintiff?

Nov 18, 2015 | Written by: Diana N. Fredericks, Esq. |

As an attorney who focuses on family law matters, I have seen many instances where an alleged “victim” violently provokes someone to react violently, and then seeks a restraining order against...

How Do I Determine How Much Spousal Support I Need?

Nov 4, 2015 | Written by: William J. Rudnik, Esq. |

In New Jersey, there is a list of factors under the alimony statute N.J.S.A. 2A:34-23 that is used to determine the appropriate amount of alimony. The factors that the court uses in its analysis are...

Should I Sign a Prenuptial Agreement Before Getting Married?

Oct 26, 2015 | Written by: Diana N. Fredericks, Esq. |

While premarital agreements can be welcome and useful, before signing one you should consult with an attorney who practices family law and is readily familiar with these types of agreements in your...

If I Start Dating While I'm Separated, Can It Affect The Outcome of My Divorce and Child Custody?

Oct 15, 2015 | Written by: William J. Rudnik, Esq. |

In New Jersey, fault is typically an irrelevant factor in a divorce, although there are certain exceptions with regard to financial fault or issues relating to the custody and care of children. If a...

Critical Checklist for Divorce Mediation

Oct 7, 2015 | Written by: Diana N. Fredericks, Esq. |

Divorce mediation can be an excellent alternative to traditional litigation in many circumstances. However, there are some important factors to consider when selecting a mediator and preparing for the...

Emancipation in the Context of Family Law

Sep 28, 2015 | Written by: William W. Goodwin, Jr., Esq. |

When a layperson encounters the term "emancipation," he or she is likely to harken back to the Civil War and the famous Proclamation issued by then President Lincoln declaring all slaves to be free as...