Fifteen Post-Divorce Tasks You Can’t Blow Off What does it mean to get a final judgment of divorce. It means that you have a legal document that says that you are no longer married. Moreover, it means that there is a bunch of details to attend to make sure that the terms of the judgment […]

1. Can a person record or tape a conversation of his or her spouse? Pursuant to federal and state wiretapping statutes, a person is legally permitted to record and tape a conversation only if the person who is doing the recording or taping is a party to the conversation. A person can’t tape a spouse […]

1. What are contempt proceedings? In many cases a restraining order simply is written in an unfeasible manner. In most instances, divorced couples still have to raise their children together even when a restraining order bars them from having any contact with each other. When the parties are married, a Family Court will issue a […]

1. Is there a “common law” marriage in New Jersey? There was a time when living together in a long-term relationship and acting as husband and wife was considered under the law to be equal to marriage. That was called common law marriage and it was abolished by statute in New Jersey in 1939. Since […]

1. Does a third party have a legal right to file a custody case? Yes. However, every custody case is different, and each case must be carefully evaluated. In today’s world third-party custody cases are steadily increasing. Most third party custody cases involve disputes with grandparents and the biological parents. Grandparents are now routinely living […]

1. Why is it important to thoroughly investigate whether your husband is hiding money during the divorce process? Hiding your true income is an art form, and it is a major issue in more than one half of the family law cases that I encounter. A review of this set of FAQ’S will help you […]

1. Why is the terminal date for equitable distribution so important? In many divorce cases a critical important issue is when is the “cut off” date for equitable distribution. This basically means at what point in time are the marital assets counted to determine equitable distribution. In many marriages the parties stay separated for a […]

1. I believe that my spouse is cheating on me. Can I legally spy on her? Many people these days use all kinds of spying methods on their cheating spouses. But most of them are not aware that using spying equipment or surveillance services could be illegal. They could find themselves in a thorny legal […]

1. What is a legal separation? There really is no formal court proceeding to obtain a legal separation in New Jersey. There is an outdated court proceeding called a “divorce from bed and board” that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not […]

1. Can I seal the record of my divorce case? In most cases the records of your divorce case will not be sealed. Pursuant to Rule 1:2-1 all trials, hearings of motions and other applications, pretrial conferences, arraignments, sentencing conferences and appeals shall be conducted in open court, unless otherwise provided by rule or statute […]

1. Why is school law such an important part of the divorce process? In many divorce cases the child’s education is a major issue. Unfortunately, many lawyers overlook school law issues in the separation agreement or in the judgment of divorce. A judgment of divorce should be carefully prepared to address the potential pitfalls that […]

1. What is retirement’s effect on alimony obligations? Retirement is a time in a person’s life which many men look forward to. Unfortunately, if a divorced husband has a hefty alimony obligation, then this may throw a “monkey wrench” into his retirement plans. The issue of retirement often comes up frequently when alimony issues arise. […]

1. I was really screwed in my divorce case. Can I file any type of application with the court to reopen my case? Unlike alimony and child support obligations, the terms of equitable distribution are not subject to any modification because of a change of circumstances. Generally speaking, an equitable distribution award is not subject […]

1. Why is it important to get a prenuptial agreement for a second marriage? Due to an increased life expectancy, a 50% or higher divorce rate in the United States, and an increasing amount serial marriages, prenuptial agreements are now widely accepted. It is very important for seniors to approach the idea of a prenuptial […]

1. What is the “black letter” law with regard to the enforcement of a foreign judgment of divorce? A judgment of divorce issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), provided both parties to the […]