Author: Stephanie Frangos-Hagan
If The Trial Court Denies My Request For A Final Restraining Order, Can The Appellate Division Grant It?
Typically, if a trial court denies the entry of a Final Restraining Order, the New Jersey Appellate Division will limit its review of the trial court’s decision only to whether the trial court’s ruling was “manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice.” […]
The Importance of Alternatives to Courts During a Pandemic
Since the global pandemic and discovery of COVID-19 in March 2020, our everyday lives have been upended, forcing an adjustment to a new normal that we could not have anticipated. The same holds true for divorcing families and how Courts, judges, lawyers and clients have handled issues in divorce and family law. There are many […]
Irreconcilable Differences Versus Adultery As A Grounds for Divorce – Is There A Difference?
Since 2007, New Jersey has allowed people to divorce each other based on allegations of “irreconcilable differences,” adding New Jersey to the list of States recognizing “No Fault” divorces. See N.J.S.A. 2A:34-2. When a spouse claims to have “irreconcilable differences” with the other spouse, there is no inquiry from the State of New Jersey as […]
How Alimony is Calculated in New Jersey
Alimony, also known as spousal support, is a challenging concept. The obligation to pay support to a former spouse is often the most contentious issue in any divorce. One purpose of alimony is to ensure that both parties may continue to live in a reasonably comparable manner to which he or she grew accustomed during […]
Can I Waive My Right to Modify a Support Obligation?
In New Jersey, alimony and child support obligations are generally subject to modification based on “changed circumstances.” The right to seek modification, and the steps one must take when doing so, were established in 1980 by the New Jersey Supreme Court in the case of Lepis v. Lepis. Typically, modification of an alimony or child support obligation requires a post-divorce application to the Court if the parties are not able to agree on whether to modify the support obligation and/or by how much.
