a trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant’s decision to invoke his Fifth Amendment right to not testify
NJ Family Legal Blog
Pertinent Information As It Relates To New Jersey Family Laws
Blog Authors
Latest from NJ Family Legal Blog
A Trial Is Not The Only Way To Settle Your Divorce
A trial is not the only way to settle your divorce…
I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.…
Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help
Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v. Bradt a few years later (a case that I was involved in), given that parents’ constitutional rights to raise their children are in play, the…
Apples to Oranges – Pendente Lite Support vs. Support After Trial
One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where there is barely enough money to go around to support an intact family, after the parties separate and the money has to be spread amongst…
Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division
Parties can waive discovery and settle their cases. Courts cannot dismiss voluntary agreements due to lack of formal discovery.…
A Court Actually Found Alienation and Did Something About It – How Novel
Alienation leads to sole legal and residential custody…
If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support
Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard if there is a custody agreement, even if the agreement has no child support provisions, and then one party seeks child support?
One would think…
Like Big Foot, A “Sheridan” Sighting
Sheridan reporting for unreported income…
Yes, A 29 Year Marriage Warrants Open Durational Alimony
20 year marriages warrant open durational alimony…