After a Family matter is started, and the parties have children under the age of 18, they will be ordered to attend the Parent Education Program. This takes place either at the Courthouse, or via a remote session, depending on the county in which the divorce is taking place. Attorneys do not attend this session. The parents are not scheduled for the same session, so they do not have to be there together, causing tension.
Continue Reading The Acronyms of Divorce Part III – PEP (Parent Education Program)
The Acronyms of Divorce Part II – CMC (Case Management Conference) and CMO (Case Management Order)
Shortly after a divorce complaint has been responded to by the other party to the case, the case will be scheduled for an initial Case Management Conference (CMC) with the judge who has been assigned to the case. The purpose of the CMC is twofold. First, the Court will assign the case to one of three tracks- expedited, regular, or complex. The vast majority of cases are on the regular track. Cases in which there are no children, or children who are all emancipated, no spousal support issues, and have minimal assets and debts may be assigned to the expedited track. On the other end of the spectrum, cases in which there are complicated business issues, complex financial issues or any other circumstance in which experts may be needed, will likely be placed on the complex track. The designation of the track governs the management of the case by the Court.
Continue Reading The Acronyms of Divorce Part II – CMC (Case Management Conference) and CMO (Case Management Order)
The Acronyms of Divorce
CLIS and CI are the first acronyms that will be covered in a series of blogs designed to take some mystery out of the many acronyms in a New Jersey divorce case.
The first forms that must be completed in a divorce are the Confidential Litigant Information Sheet (CLIS) and the Certification of Insurance (CI). These forms contain basic but essential information that is necessary for the Court, the parties or litigants, and their attorneys throughout the divorce process.
Tax Issues to Look Out for in a Divorce in New Jersey
There’s an old saying that the only sure things in life are death and taxes. Hopefully, death is a long way off, but sadly, taxes are here with us front and center. In the divorce process, the issue of taxes is something that is considered in several stages.
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Supreme Court of NJ Sets New Precedent on Sexual Consent and Intoxication
This week, The Supreme Court of New Jersey delivered a monumental win for victims of sexual assault.
The Court’s unanimous decision in C.R. v M.T. set a new precedent for courts in deciding whether an alleged victim of sexual assault was too intoxicated to give consent—more specifically, the ruling clarifies the required burdens of proof in cases where the alleged victim seeks a restraining order under the Sexual Assault Survivor Protection Act of 2015 (SASPA).
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The Holidays Are Coming – What Divorced and Separated Parents Should Consider When Preparing for Travel During Pandemic
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?
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What “Divorce Documents” Do I Need Before Filing for Divorce?
Back 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.
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Cohabitation in New Jersey: The Playing Field Leveled with Temple v. Temple
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.
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Considering a Relocation Agreement? Think Again!
The recent unpublished (i.e., non-precedential) case of M.E.G. v. C.P. (link) shows how unpredictable family law matters can be. In the case, a child was born in June of 2016 in New Jersey. Under N.J.S.A., children may not be removed out of New Jersey without the consent of both parents unless a Court permits the removal. The parties were not married but planned to relocate from New Jersey to Florida after the child’s birth for a fresh start and financial stability. In November of 2017, the parties executed a relocation agreement which allowed the mother to relocate to Florida with the child and contemplated the father moving to Florida at a later time.
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Can a Court Require Me to Get My Child Vaccinated?
Whether or not to vaccinate a child has been an issue for years that family law attorneys have addressed during divorce proceedings or in post-judgment cases (i.e., after a divorce). Clients often ask whether a Court has the authority to require a child to be vaccinated when one parent wants the child to be vaccinated and the other parent does not. This question has become even more relevant recently in light of the Pfizer COVID-19 vaccination being available to children ages 12 and older. A recent unpublished (i.e., non-precedential) Appellate Decision has shed some light on this issue. As is the case with most legal issues, the answer is “it depends.”
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