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Articles Posted in New Jersey

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THE WAR OF THE ROVERS: Pet Custody Cases in New Jersey

Many in today’s society would view the court’s treatment of dogs and other pets as merely property to be equitably distributed in the breakup of relationship as antiquated, given the increasing role that pets are play in today’s society. A common scenario playing out in relationships across the Garden State today…

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New Jersey Appellate Division Further Examines the Issue of Inconvenient Forums in Custody Cases

In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to exercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA).  In this particular case, designated S.B. v. G.M.B.,…

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New Jersey Supreme Court Clarifies the Standard to Determine Whether Transfers of Property Between Family Members Are Gifts

It is well settled in New Jersey that when there is a question of whether a transfer of property was a gift or not, “Proof of gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and…

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The Impact of a Parent’s Terminal Illness on a Change of Custody Application in New Jersey

This week the New Jersey Court Committee on Opinions published the May 30, 2013 trial court Opinion of the Honorable Lawrence R. Jones, J.S.C. in the matter of A.W. v. T.D.   The case addressed  not only a heartbreaking family crisis, but what Judge Jones described as a “serious issue of first impression regarding the impact…

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Relocation of Children Out of the State of New Jersey Explained

In a perfect world, the issue of relocation or removal would never come up in the context of either divorce litigation or a post-judgment application because parents would be able to live in relative close proximity to one another and cooperate for the best interests of their children.  This arrangement would provide…

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Back to School – Now Who Pays? Factors to Determine How a Child’s Higher Education Expenses are Paid by Divorced Parents

Benjamin Franklin once wrote: “An investment in education pays the best interest.”  That quote by one of America’s Founding Fathers continues to be etched into our national fabric of ideals. The attainment of a college degree or some other form of higher education has become the norm and not the exception in today’s society.  Unfortunately, with the rise…

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Child Support Obligation – What Can It Cover?

In my last post, I described the various items and expenses that are specifically built into the calculation of a child support obligation pursuant to the Child Support Guidelines in an attempt to explain and describe what a child support obligation is meant to cover.  In addition to the automatic…

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Cohabitation and Alimony in New Jersey

It is not uncommon for someone who is paying alimony to a former spouse to be concerned about or to find him or herself faced the scenario of paying alimony to a former spouse who becomes involved in a committed, romantic relationship with a paramour but is not remarried.  The person…

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Engagement Rings: Conditional Gifts and the Family Court

As a divorce attorney, I deal primarily with the ending of marital relationships some time subsequent to the marriage.  However, it is not uncommon for parties that are engaged to marry one another, fully intending on getting married, to have second thoughts and decide to call it off for any number of…

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