While New Jersey law allows an exemption from mandatory immunization for medical or religious reasons, that right is not absolute. A recent New Jersey Appellate Division case dealt with vaccination over parents’ objection in a very limited circumstance, but it’s reasoning may be relevant in broader situations.
No divorce is stress-free even when couples mutually agree to split. It is an emotional period, often made worse because there are many issues that must be settled, including those involving children, living arrangements and finances. Couples must think rationally about the divorce process and the next steps in their lives at the same time they are dealing with anger, grief and uncertainty.
Mediation can be a highly cost-effective way to settle disputes in divorce. In certain situations, divorcing parties elect to attend mediation without hiring attorneys as an additional cost-saving measure. If you intend to go to mediation without an attorney, there...
Under New Jersey law, parents are presumptively required to provide for the financial support of their unemancipated children. While many parents believe child support automatically terminates when a child reaches age 18, this is not true in New Jersey. Child support terminates upon a child’s emancipation. Importantly, the definition of emancipation varies by state, making it extremely pertinent parents are aware of their state’s laws.
Many divorce agreements require the maintenance of a life insurance policy to secure a party’s alimony and/or child support obligation. Typically, the parties will agree to take out a specific amount of life insurance on their lives, naming their former spouse or children as the beneficiaries. They must also periodically provide proof that they are paying the premiums. Life insurance offers important protection but is not foolproof since the proceeds may be lost for various reasons.
New Jersey law permits a victim of domestic violence to obtain a temporary restraining order (“TRO”) if granted, the alleged aggressor will be personally served with a copy of the TRO by local law enforcement officers. Although the officers may only be serving the TRO, a recent case makes clear that the defendant can be arrested for other crimes the officers may observe or based on evidence they may legally gather regardless of what happens with the TRO.
In New Jersey, the basic amount of child support is calculated according to a formula – the New Jersey Child Support Guidelines. Does New Jersey law allow parents to “deviate” from the amount determined by this formula?
In almost every divorce involving children, parents will need to address the issue of parenting time. A common question raised by divorced parents is whether at some point, the parenting time order ends because children are old enough to decide what time they will spend with each parent.
New Jersey law recognizes that domestic violence can occur outside marriage and cohabitation. Dating relationships are expressly covered, but what about if the couple has a less traditional relationship and they don’t consider themselves as “dating”? A recent court...
Many couples made it a priority to settle their divorce cases prior to December 31, 2018 to protect the paying spouse’s ability to deduct alimony which changed effective January 1, 2019 as a result of the Tax Cuts and Jobs Act of 2017 (hereafter the “Act”). While...