Back to school is here and even though the pandemic is still with us, many parents are thinking about travelling during the Thanksgiving and Winter Break periods. When the parents of children are not together, travel brings on some additional considerations. What should a parent consider when making plans to go out of state, or out of the country?

Continue Reading The Holidays Are Coming – What Divorced and Separated Parents Should Consider When Preparing for Travel During Pandemic

In previous blogs, I have discussed an award of counsel fees to a plaintiff who successfully contested a last will and testament. In a recent appellant division decision, the appellate court reviewed an award of counsel fees to a plaintiff who challenged a last will and testament, however, whose challenge was not successful.

Continue Reading Counsel Fees in Probate Litigation, Even if Unsuccessful

Step One – Start Early. The time to start working on your next election is the day after your last election.

  • Make notes for next year. What worked well? What could be done better?
  • Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get confusing, especially when there are appointments to vacant positions.
  • Save the draft minutes so they can be located and approved at the next annual meeting.
  • Consider amendments that will make the election process easier: electronic voting, electronic notice, quorum reduction, absentee ballots, eliminating double ballot procedures. Get those amendments approved and recorded at least three months before your next annual meeting.

Continue Reading Five Steps to Successful Trustee Elections

In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor’s right to receive payment in full for the work it performed. In this matter, the plaintiff subcontractors had performed all of their obligations under the contract, however, they had also signed partial lien waivers for the defendant general contractor. The general contractor asserted that the execution of its lien waivers barred plaintiffs from receiving the balance which remained outstanding on their invoices pursuant to the contract.

Continue Reading Lien Waivers and Their Effect on Receiving Payment

documents needed for divorce njBack to school season is a time when many people think about divorce. Whether you are simply looking for information or are ready to take the next steps in your life, chances are you are considering an initial meeting with a divorce lawyer to get information about your current situation. Many people want to know what type of information they need to have on hand to have a meaningful meeting with their lawyer. Understanding what type of information will be asked for and what will be necessary in a divorce case early on in the process can be helpful in a planning perspective. The following are documents that will almost always be necessary in a divorce situation.

Obtaining these documents during a contentious divorce can sometimes be difficult. Knowing what you may need ahead of time allows you to accumulate what you can in a less stressful environment, and one in which you are in control. It can also prevent documents from going missing. Sometimes a spouse can collect information around the house prior to announcing an intention to seek a divorce, or even consult with a lawyer. Taking pictures of documents can be helpful as well, such as checks from the other spouse in order to obtain account information. Continue Reading What “Divorce Documents” Do I Need Before Filing for Divorce?

If you serve on the board of a condo association, you’ve likely seen instances of kicking the can down the road and deferring needed maintenance and repairs. Allocating and reserving funds for repairs can be a difficult, complicated process, and coming to a decision about these issues can easily lead to tensions between board members and neighbors.

Even so, it’s important to take steps now to ensure the adequate repair and maintenance of your building. Deferred repairs and insufficient reserves can lead to greater and more urgent expenses down the road—as well as jeopardize the safety of your residents and put you at risk of legal liability.

Continue Reading Condo Association Boards: Plan for the Future by Staying Ahead of Maintenance and Repairs

Intellectual property is a right enshrined in our very Constitution, which grants Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”[1] Congress has made use of that power by legislating a wide birth of laws defining what is a copyright, how to get one, and what it protects.[2] Surprising to many lay observers, architectural works are specifically protected copyrights.[3]

Continue Reading Architectural Copyrights: No Need to Pay the Troll Toll

On Tuesday, August 10, 2021, New York Governor Andrew Cuomo announced his resignation following the New York State Attorney General’s investigation into accusations of sexual harassment and inappropriate conduct from several female staffers. The 168-page investigation report found “the governor engaged in conduct constituting sexual harassment under federal and New York State law.”

Continue Reading Cuomo Resignation a Reminder of the Importance of Anti-Harassment Policies, Grievance Procedures and Workplace Investigations

The “Back-to-School” shopping season has begun! The season accounts for a significant portion of sales for retailers in the US, as households buy school supplies, clothes, and student decor. As of June 2021, it looked as though the pandemic was possibly coming to a close, or at least manageable, in the United States. However, the rise of the Delta variant has changed that outlook with mask mandates going into effect to protect the vulnerable and slow the infection rates. Regardless of these ongoing developments, everyone needs to purchase new items and supplies. As such, back-to-school numbers will be a true barometer for the economy as many people return to pre-pandemic routines, including full days in school and returns to the office.

According to U.S. News & World Reports, consumer confidence stayed unchanged from June to July 2021, surprising many economists who were expecting a decline. CNBC notes that this steadiness and consumer conference may have been spurred by the continued monthly payments for the child tax credits which will continue for about 39 million households (nearly 90% of children in the U.S.) through December 2021. Bloomberg cites a Deloitte LLP forecast that spending reach $32.5 billion, up 16% from 2020 and 17% from 2019.

Continue Reading Top Five (5) Signs to Watch for During the Back-to-School Season Cautious Optimism for Retailers

Alimony in New Jersey is subject to modification, suspension or even termination if an alimony payor can show that their former spouse is cohabitating.

What Is Cohabitation?

Most understand that alimony will cease if a former spouse receiving alimony gets remarried. Cohabitation, on the other hand, occurs when a divorced party doesn’t legally remarry, but chooses instead to enter  a mutually supportive and intimate personal relationship, which is normally associated with marriage.

Some of these cohabitating former spouses delay or forego marriage by design, knowing that their alimony will cease if they take the next step and remarry.

In order to counteract this possibility, the legislature in New Jersey has enacted a law which allows alimony payors to seek to have their alimony obligation decreased, suspended, or even terminated if they can prove that their former spouse is cohabitating.

Continue Reading Cohabitation in New Jersey: The Playing Field Leveled with Temple v. Temple