Changing Your Name Post Divorce

In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons as to why to or not to change from the married name.  N.J.S.A. 2A:34-21 is the statute that governs legal name changes in New Jersey.

Pitfalls of Representing Yourself in a Divorce

It is common and often unfortunate that I meet with clients who decided, for whatever reason, that they would represent themselves during a divorce proceeding.  There are cases where that decision may be perfectly acceptable.  More often than not, the people I have met are coming to me because they are totally unsatisfied and/or unhappy with the deal they’ve made for themselves and are looking to an attorney to get them a better deal.

Filing Your Taxes During a Divorce: What to do?

April 18, 2017 is the 2016 tax filing deadline and it’s quickly approaching. The Government does not care that you are going through potentially the most difficult time period in your life. Like the Godfather, the IRS wants its money.

Marital Status a Consideration in Discrimination Claims Against Employers

My contributions to the Riker Danzig Family Law Blog are usually limited to matters dealing strictly with issues that squarely impact divorce litigation.  I recently researched a New Jersey Supreme Court employment law case decided this past summer, however, that I found of particular importance as it relates to client management for divorcing clients, and has been a burgeoning issue in recent years: clients being concerned about loss of employment resulting directly from their divorce.  

A Not-So Empty Nest and Child Support

Many people presume that child support automatically terminates upon a child’s attainment of the age of majority. However, whether an ex-spouse is entitled to continue to receive child support past that time is not so black and white. The New Jersey law which addresses “emancipation” for purposes of terminating child support was recently amended and becomes effective February 1, 2017.

Agree to Disagree? Appealing Trial Court Orders Regarding Arbitration Awards

A recent Appellate Division opinion confirms the general rule that trial orders confirming, modifying or correcting an arbitration award are precluded from appellate review by statute, the Alternative Procedure for Dispute Resolution Act (APDRA).  This decision is an important read for anyone with an arbitration clause in his or her marital settlement agreement.

What is a Case Information Statement and Why Does It Matter?

In New Jersey, each litigant in a divorce must complete a Case Information Statement, (commonly referred to as a CIS) and file it with the court.  The Case Information Statements are arguably the most important documents in an entire divorce so, though time consuming and tedious, it is important that divorcing parties fully understand what it requires.

The Sound of Silence: Cohabitation is a Foreseeable Event Required to be Included as Alimony Terminating Language in a Marital Settlement Agreement

In 2014, the New Jersey State Legislature amended the alimony statute, N.J.S.A 2A:34-23, which better addressed the issue of cohabitation.  The amended statute now states as follows:

Alimony may be suspended or terminated if the payee cohabits with another person. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.

When assessing whether cohabitation is occurring, the court shall consider the following: