Category Archives: Divorce

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Grandparent Visitation Revisited

Posted in Divorce

Children of divorce are sometimes caught in the thorny legal thicket of “grandparent visitation.” No one wants to deny a child the benefits of having a good relationship with their grandparents. However, the situation is made more complicated by the right of a parent to raise their child or children as he or she sees… Continue Reading

The Importance of Cohabitation Agreements

Posted in Divorce

In today’s society, many couples choose to live together rather than get married. This growing trend has become more common in recent years than ever before. There are a variety of possible reasons why couples choose to live together rather than get married. One factor that is likely considered is the complex legal proceedings that… Continue Reading

Exposing Children to New Dating Partners

Posted in Divorce

One of the most difficult issues that can occur in divorce cases involves the exposure of the child or children to a parent’s new girlfriend or boyfriend. In legal parlance, limitations on such contact are known as “DeVita” restraints, named after a 1976 decision which held that exposure of the parties’ child to Mr. DeVita’s… Continue Reading

Jurisdictional Requirements of Child Support Modifications

Posted in Divorce

A change in circumstances is a common occurrence in post divorce matters. The financial status of either divorcing party can easily change following a divorce. Considering that financial obligations, like child support, are calculated at the time of divorce, changes in financial status are especially impactful for those making the child support payments. However, there… Continue Reading

How Cohabitation Affects Alimony Payments

Posted in Divorce

At the conclusion of many divorce proceedings, alimony is calculated by the court to be paid from the supporting spouse to the dependent spouse. The amount of alimony to be paid is calculated based on a variety of factors, including, among others, the length of the marriage and the martial lifestyle of the couples while… Continue Reading

Get that Divorce Agreement in Writing!

Posted in Divorce

In a case decided by the Appellate Division on July 15 (A.F v. P.F.; full names redacted), the Court emphasized the importance of reducing divorce agreements to writing in order to be deemed enforceable. In this case, while at the Courthouse, the parties reached what their lawyers labeled a “Partial Agreement” that needed to be… Continue Reading

Modification of Alimony Due to Retirement

Posted in Divorce

During the course of divorce proceedings, alimony from the supporting spouse to the dependent spouse is typically calculated based on a variety of factors. The income of the two spouses is a critical factor in determining the amount of alimony to be paid. However, some incomes are not guaranteed and can change over time. One… Continue Reading

Same-Sex Divorces in New Jersey

Posted in Divorce

On September 27, 2013, in a landmark case for the state, Garden State Equality v. Dow, New Jersey Superior Court Judge Mary Jacobson ruled that the state must allow same-sex couples to marry. While Governor Chris Christie immediately stated that his administration would be appealing the ruling, he eventually withdrew his appeal, and the first… Continue Reading