From the Desk of…
High conflict divorces, also known as malignant divorces, are unfortunately prevalent in today's society. The term “malignant divorce” was coined by Dr. Mark Banschick to describe divorces characterized by high conflict and destructive behavior, including “scorched earth” and “win-at-all costs,” approaches
Perhaps you’ve been the stay-at-home parent who puts everyone else’s needs first or the over-functioning parent who is responsible for keeping every aspect of your family life running smoothly. Which-ever version of stressed-out, over-functioning and over-giving you are – its important, especially during a divorce to put the oxygen mask on your own face first.
Child custody cases are some of the most difficult and contentious cases that I deal with as a family law attorney. Parents often want to know how much weight their child’s preference will be given in making custody determinations and at what age the Court will speak to their child.
Co-parenting can be challenging under any circumstances, but when you're dealing with a gopher co-parent, it adds a whole new layer of complexity. A gopher co-parent, is one who is often absent or disappears for a time and reappears or pops up at times when it is convenient for them to do so
A frequent question that is asked in my divorce consultations where alimony is involved is either how long will I receive alimony or how long will I pay alimony.
In custody and parenting time disputes where parties struggle to co-parent and make decisions on a regular basis, the implementation of a Parenting Coordinator can be helpful.
Divorce can be emotionally turbulent and complex and exponentially more so in situations where there is emotional or physical abuse.
Summer vacation: a time for families to unwind, make memories, and embark on new adventures. However, for divorced or separated parents, this season can sometimes usher in a host of challenges, particularly when it comes to navigating parenting time disputes
Meeting with a divorce attorney is an important first step in your divorce process. Make sure you are prepared to maximize your consultation with an attorney by getting organized in advance. Here are ten practical steps to help you get ready for that important first meeting.
Recent case law shows not only the expertise needed in negotiating and drafting Prenuptial Agreements (“PNAs”) to protect their enforceability, but also the actual proof that a challenging party needs to have in order challenge its enforcement.
To make an already difficult time more difficult, divorcing couples have to deal with how to file taxes during and after their divorce, claiming children as dependents, dividing retirement assets, claiming property taxes and other deductions and figuring out whether support will be taxable. Here, are few of the top five tax law questions clients frequently ask when navigating divorce:
Those frantic text threads sent in the heat of the moment can be the thing that is attached as Exhibit “A,” to your ex’s custody and parenting time application to the Court. Being smart in not only what you say, but how and where you say it can make a significant difference in making yourself litigation proof. Here are our top 5 Tips for more effective and protective Co-Parenting Communication:
With thousands of cases backlogged in the court system in New Jersey, counties suspending divorce trials and courts taking years to issue decisions; the traditional “in-court” divorce process is taking longer and costing parties more than ever. Achieving a timely and cost-effective resolution for our clients has never been a higher priority. With years of experience in family law, we've identified ten key strategies to help you navigate your divorce efficiently while minimizing expenses. Here are our expert insights:
As if being in the midst of divorce is not hard enough, for many years New Jersey Law created a black hole with respect to the rights of a surviving spouse in the event the other party died while a divorce is pending. Thankfully, that black hole has been repaired by recent legislation and case law in New Jersey.
Divorce is a challenging journey and finding the right path to resolution is crucial. Our boutique Princeton family law practice focuses on settling cases well. We regularly utilize mediation as an excellent way to take control of your divorce litigation. Among many other benefits, participation in mediation can reduce the delay and cost associated with drawn out Court proceedings. Here are the top ten reasons why choosing mediation for your divorce or post-divorce disputes is not just a choice but a wise investment in your future.
Ah, Thanksgiving—a time for gratitude, stuffing ourselves silly, and navigating the delicate dance of parenting time. As your go-to divorce law experts, we know that the holiday season can be a tricky turkey to carve when it comes to co-parenting. Fear not, because we've got the perfect recipe for drama-free Thanksgiving parenting time that will leave you feeling stuffed with joy.
Prenuptial agreements can be an important legal tool for many couples entering into marriage. These agreements can allow individuals to outline the division of assets and financial responsibilities in case of divorce and protect pre-marital assets and inheritance. They can also allow parties greater discretion in estate planning. In New Jersey, as in many other states, the timing of getting a prenuptial agreement is crucial to ensure its enforceability.
In a continued trend to make the prima facie showing of cohabitation easier, the New Jersey Supreme Court held in its recent August 2023 decision in Cardali v. Cardali that the moving party does not need to present evidence on all of the cohabitation factors set forth in Konzelman v Konzelman 158 N.J. 185 (1999) in order to be granted limited discovery. This is in keeping with the trend in cohabitation law set by the 2021 decision in Temple v Temple.
Social media can play a significant role in divorce proceedings, with social media posts being used as evidence in custody and parenting time cases, cohabitation cases seeking termination of alimony, domestic violence cases involving negative behavior such as cyberbullying, stalking and harassment, as well as evidence of income or lifestyle to determine support. Because of the increased use of social media posts as evidence in divorce cases it is important to avoid making common mistakes that negatively impact outcomes.
There are common financial mistakes that individuals often make during a divorce. By avoiding these pitfalls, you can safeguard your financial well-being and make informed decisions. Here are the top five financial mistakes to steer clear of:
Marriage can be a beautiful and fulfilling relationship, but one that can be fraught with lots of challenges. When a couple continually experiences negativity and conflict within their marriage it can take a toll on the relationship . How can we know whether that pattern of conflict will result in divorce?
Divorce can be a difficult and emotional experience for everyone involved. There are many helpful books that offer guidance and support to help navigate through this process. Here are the top 10 divorce books that can help you through the divorce process and life after divorce:
Divorces in New Jersey can sometimes be protracted and there is often a need to establish support orders to ensure that bills get paid during the divorce. This is called pendente lite (latin for “awaiting the litigation”) support, which is support for a spouse and children during the divorce process.
One of the most frequent questions I am asked in my initial client consultations is whether I have any experience handling cases involving a narcissistic partner. In my almost 25 years of practicing family law, I often have to negotiate with or litigate against a narcissist. Because of the narcissist’s extreme sense of self-importance, lack of empathy and tendency to control and manipulate others, cases involving narcissists can be some of the most challenging legally and emotionally. Here are my top tips for dealing with a narcissist in the divorce process:
Being a Capital “A” adult is not always easy and certainly not always fun- but in divorce it can help make the process smoother and less costly for you and your family. It can also help protect your children from unnecessary divorce related trauma and preserve civility in your relationship with your soon to be ex-spouse for smoother future co-parenting and interactions (think not only weekly pick-ups and drop-offs and holiday and vacation parenting time trades but graduations, weddings, and grandchildren).
In the span of two weeks, I have had questions about personal boundaries come up a bunch of times. A friend over a morning walk asked in a conversation about why it’s so difficult to set boundaries at times and what I think the interplay between boundaries and safety are. Yesterday my daughter told me that an acquaintance asked her a really personal question about her sexuality in a public place and in the moment she did not know what to say. This morning – again serendipity- I listened to Brene Brown’s Unlocking Us podcast which touched on this topic in such an artful way that I felt compelled to sit down and write my thoughts on this. (If you’re interested the podcast was entitled Perfectionism, Numbing, Boundaries, Polling and Authenticity).
n addition to my day job running a family law practice, practicing law and managing my own family, I am exploring the launch of a new series to promote personal and relationship growth and healing for those involved in divorce and family law issues as well as others struggling with these issues. This series will incorporate a mix of healing modalities (meditation, mindfulness, compassion, nature, and yoga to name a few).
On June 30, 2021 the New Jersey Appellate Court case, Temple v Temple, was approved for publication, making it binding case law in New Jersey. How does this case now make it easier to prove cohabitation- well let me explain.
Alimony or spousal support in New Jersey may be suspended or terminated if the payee cohabits with another person. N.J.S.A. 2A:34-23. This required the Court to consider six (6) non-exclusive statutory factors, which include intertwined finances, sharing of living expenses, recognition of the relationship, duration of the relationship, sharing of household chores and other relevant evidence. Prior case law had put a significant burden on the paying spouse to prove cohabitation prior to being permitted discovery toward these six statutory factors.
How do people who navigate divorce well reframe this experience and create a sense of power and agency during and after their divorce? What is the secret sauce of the clients who survive difficult divorce and move on to thrive post-divorce? I believe it requires accessing resilience and a growth mindset in the uncertainty of divorce that the things you fear may not come to pass or be as hard as you fear AND that the things that you hope for may be somewhere in the future.