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...
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...
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...
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...
Signs Your Spouse May Be Divorce-Planning
Frequently, people going through a divorce describe themselves as surprised or even shocked by their partner’s decision to end the marriage. Even those who suspected their spouse was considering a divorce are often stunned to learn their spouse has been planning the financial aspects of the divorce for months or even years before the Complaint for Divorce was filed. A spouse’s pre-planning of the financial aspects of their divorce is so common a phenomenon it has been given the phrase “divorce-planning.”
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.