Author: Debra Weisberg
Can You or Your Spouse Return to the House During the Divorce Process After Moving Out?
As divorce attorneys in New Jersey, we are often asked by clients whether a spouse can move back into the marital home while the divorce is pending after already having moved out. There is no guarantee that the Court will restrain a spouse from returning to the marital home to reside after vacating the house […]
Self-Emancipation of a Teenager
In Ort v. Ort, 428 N.J. Super. 290 (Ch. Div. 2012), the parties’ daughter sought a formal Order of emancipation from both of her parents. She retained her own attorney and asserted that she wished to be emancipated from her parents so that she could legally be her own person and make her own independent […]
Domestic Violence Temporary Restraining Orders – New Procedure for Taking Applications Remotely
The procedures for individuals seeking protection from domestic violence have been amended with the Supreme Court’s July 24, 2020 Seventh Omnibus Order. Domestic violence temporary restraining order (TRO) applications will now be accepted in person with or without a prior appointment during Superior Court hours – 8:30 a.m. to 4:40 p.m. Effective August 3, 2020, […]
If I Surrender My Parental Rights, Do I Still Have Visitation Rights?
When a parent agrees to voluntarily surrender his or her parental rights, the right to visitation with that child is generally terminated. As demonstrated in a recent New Jersey Appellate Division decision, a parent who has surrendered their parental rights has a significant legal hurdle if they wish to establish a visitation schedule with the […]
How Important Is A Correct Calculation of Marital Lifestyle on My Case Information Statement?
The marital standard of living of spouses during the marriage is one of 14 factors considered by courts in calculating an alimony award. Accurately determining what a couple’s spending was during the marriage is crucial because one purpose of alimony is to ensure that both parties can continue to live in a reasonably comparable manner […]
