Can I Modify My Child Custody and Parenting Time Order After Divorce?
If your divorce involved children, the New Jersey Courts required you and your former spouse to resolve legal custody and parenting time issues. No matter how much thought went into your custody and parenting time plan, however, it is not unusual for parents to seek modification(s) after the divorce. A recent New Jersey Appellate Division case highlights the challenges that come with modifications of parenting time Orders.
Can I Obtain a Restraining Order Against My Nanny?
A recent New Jersey case addressed a disturbing scenario for any parent. In E.S. v. C.D., a nanny was fired for assaulting a child. After being fired, the nanny began harassing the child’s parents. The parents sought a restraining order against the former nanny under the New Jersey Prevention of Domestic Violence Act (hereafter, the “PDVA”), even though the PDVA does not specifically include parent-nanny relationships. Before the trial Court could even address the merits of the request, it had to determine for the first time whether the PDVA applied to solely economic relationships.
Separation Agreement “Forced” on Spouse is Unenforceable
Matrimonial law generally encourages couples who separate and divorce to resolve their disputes amicably. However, New Jersey Courts will not blindly enforce agreements, and the Courts have the authority to completely disregard agreements, as demonstrated by a recent New Jersey case involving a separation agreement.
Are “Stipulated Damages” Provisions in Marital Settlement Agreements Enforceable, Even If There Were No Actual Damages?
In New Jersey, Marital Settlement Agreements are contracts that are enforceable just like contracts outside the family law context – with some very important distinctions. Generally, Marital Settlement Agreements are enforceable to the extent they are “fair and...
Is Your Spouse Hiding Assets During Divorce?
How to divide assets is one of the most common sources of dispute in divorce. In New Jersey, marital property and debt are subject to equitable distribution, which means fair, but not necessarily equal, division between the parties. While New Jersey law requires the full disclosure of all assets, New Jersey Courts do not independently verify whether a party has fully and candidly disclosed all assets. Instead, it is up to the other party to “fact check” the accuracy of their spouse’s disclosures. An attorney, acting in concert with other professionals, has several methods to verify financial disclosures and find hidden assets.
Parent Sanctioned for Interfering with Child’s Therapy with Other Parent
When divorcing couples have children, New Jersey Courts make decisions based on the best interests of the child. That may include ordering the child and/or the parents to undergo therapy. If the parties refuse to submit to therapy or interfere with a child’s participation in therapy, courts will hold them accountable as evidenced by a recent New Jersey decision involving Court-ordered parent-child reunification therapy.