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    New Jersey Restraining Orders Not Meant to Enforce "Proper Manners"
    • Oct 26, 2021
    • 1 min

    New Jersey Restraining Orders Not Meant to Enforce "Proper Manners"

    Getting a restraining order for harassment is not the slam dunk that you may think. Recently, New Jersey's Appellate Division canceled a restraining order that was previously issued against a woman who called a man a narcissist, a "dick," and threatened to circulate workplace bullying literature to the man's coworkers. In its opinion, the Appellate Division stated that New Jersey's Harassment Statute was never intended to protect against the "common stresses, shocks, and insu
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    New Jersey Prohibits Alimony Double-Dipping
    • Oct 25, 2021
    • 1 min

    New Jersey Prohibits Alimony Double-Dipping

    Alimony "double-dipping" is prohibited. New Jersey's Appellate Division just ruled that a lower family trial court was wrong to attribute assets and earnings in a retirement account to a man, (assets that had already been equitably divided upon divorce), in calculating a new, reduced post-retirement alimony obligation. See Engelhardt v. Engelhardt. We assist countless families and can personally assist you with your matter as well. Send us an E-mail or call us at (888)354-625
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    The Lingering Effects of Substance Abuse on Children of Divorce
    • Oct 22, 2021
    • 1 min

    The Lingering Effects of Substance Abuse on Children of Divorce

    Where New Jersey divorce law is concerned, even a "recovered alcoholic" mother can have a tough time trying to see her children. The New Jersey Appellate Division just upheld a lower trial court's hesitancy to allow a mother to commence reunification therapy with her 12-year old son where the mother had been sober for three years after having had a long history of alcoholism, and the father had been the primary parent for the child due to the prior alcoholism. See H.I. v. S.I
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    Restraining Orders Can Be Canceled When the Issuing Court Cuts Corners
    • Oct 19, 2021
    • 1 min

    Restraining Orders Can Be Canceled When the Issuing Court Cuts Corners

    Sometimes, a simple error can cause a restraining order to be voided by the higher court, whether it is failing to swear in Portuguese interpreters or adjudicating an inverse claim by the other spouse that should have been dealt with in the other county where it was initially filed. See decision in C.F.A. v. B.A.A. Divorce Process In New Jersey We assist countless families and can personally assist you with your matter as well. Send us an E-mail or call us at (888)354-6257.
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    When Husbands File Domestic Violence Claims
    • Oct 13, 2021
    • 2 min

    When Husbands File Domestic Violence Claims

    In New Jersey, men should think carefully before filing claims of domestic violence against their wives. In this Appellate Division case, neither the appellate division nor the lower family court believed a man's claims that he had been (i) harassed by his wife, (ii) confined inside his home by his wife and her sister, (iii) bitten on his arm six weeks earlier by his wife, and (iv) stabbed by his wife with a pair of scissors. It is not uncommon for men to end up defending aga
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    New York Appellate Court Overturns Annulment Decree Designed to Deport Filipina Wife
    • Oct 4, 2021
    • 3 min

    New York Appellate Court Overturns Annulment Decree Designed to Deport Filipina Wife

    Marital Dissolution carries special complications for immigrants to the U.S., especially those who gained their U.S. permanent residence ("green cards") through marriage to a petitioning spouse (whether a U.S. citizen or U.S. permanent resident). While petitioning spouses in such marriages are often quick to claim that the immigrant spouse had deceptive motives in getting married, this New York Appellate Division opinion clearly shows that a trial court that orders an annulme
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    Alimony 101: What You Need To Know
    • Sep 17, 2021
    • 3 min

    Alimony 101: What You Need To Know

    A guide to alimony in the state of New Jersey. What is alimony? Alimony payments are periodic, court-determined payments made by one former spouse to another under circumstances where the receiving spouse needs financial support from the other party. Alimony exists to allow former spouses to enjoy a similar lifestyle to when they were married and mitigate the financial hardships associated with divorce. [However, family courts are aware that inasmuch as spouses receive a fina
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    El divorcio. ¿Que espera?
    • Apr 23, 2021
    • 4 min

    El divorcio. ¿Que espera?

    Una descripción general del proceso de divorcio en Nueva Jersey Etapa 1. El Inicio de la acción de divorcio: En Nueva Jersey, el proceso de divorcio generalmente comienza con la presentación de una "Acción de divorciode divorcio". La Acción debe demostrar que el Tribunal tiene la autoridad o "jurisdicción" para conceder un Fallo de divorcio al Demandante. Esta "prueba de jurisdicción" debe hacerse independientemente de si la acción es por un "divorcio absoluto" (es decir, un
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    Divorce. What to expect?
    • Nov 25, 2016
    • 4 min

    Divorce. What to expect?

    Overview of the Divorce Process in New Jersey Stage 1. Commencement of the Divorce Action: In New Jersey, the divorce process typically commences with the filing of a “Complaint for Divorce”. The Complaint must demonstrate that the Court has the authority or “jurisdiction” to grant a Judgment of Divorce to the filing party (i.e. the “Plaintiff”). This “proof of jurisdiction” must be made regardless of whether the Complaint is for an “absolute divorce” (i.e. a divorce from the
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