Seven counties in New York have just launched a pilot program whereby a person alleging abuse can get a temporary order of protection via Skype.
In order to qualify, victims seeking orders of protection must meet certain criteria to prove that they are afraid to come to court and face their ...
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The Barker Chronicles
In Memory of Judge Sheila Abdus-Salaam
Judge Sheila Abdus-Salaam died in April under tragic circumstances. Since 2013, she sat on the Court of Appeals, New York's highest court.
I never appeared before Judge Abdus- Salaam, but I knew her because she had a firm commitment to giving back to others. I first met Judge Abdus-Salaam, ...
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How Obamacare Lowered the Divorce Rate for Baby Boomers
After nearly 20 years of studying family law and practicing matrimonial, divorce and family law, it has been my experience that one of the biggest stressors leading to divorce is money woes.
If a couple is experiencing issues with money due to job loss, mental or physical illness, addiction or ...
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More Older Couples are Divorcing
A recent New York Times Article from October 31, 2015, cited a growing trend in Family Law. "Late-life divorce (also called “silver” or “gray” divorce) is becoming more common, and more acceptable. In 2014, people age 50 and above were twice as likely to go through a divorce than in 1990, according ...
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It is Necessary to Understand the Concept of Judicial Discretion Before You Decide to Appeal a Spousal Support Award
One of the most contested areas of divorce is the area of spousal support. Spousal support is called maintenance in New York and alimony in New Jersey. However, the goal of spousal support whether termed alimony or maintenance is the same; "to assist the supported spouse in achieving a lifestyle ...
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Follow Court Orders or Suffer the Consequences
Michael J.D. v. Carolina E.P. 2016 NY Slip Op 0 01252
You are on very shaky ground when a court sanctions you for not following its orders. In this case, the Court sanctioned the Plaintiff, an attorney, and the non-custodial father of the child, because of failure to comply with discovery orders. ...
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The Spouse who has Committed Egregious Fault in a Marriage may suffer the Consequences at Trial
Clark v. Clark, 57 A.3d 1, NJ Appellate Div. 2012
The decision to end a marriage is a hard one and often time people stay in a bad marriage for years. All the while, they accumulate grievances, that to them, seem like very big mountains but are, in the eyes of a court, little molehills. Finally, ...
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The Petitioner Must Establish Sufficient Facts in the Petition to Even Warrant a Hearing on a Change of Custody
In the Matter of Athena H.M. v. Samuel M. the Appellate Division, First Department, reversed the Family Court's dismissal of the Mother's amended petition for modification of custody, because the Appellate Division found that the mother provided sufficient proof of a substantial change of ...
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The Use of Court Appointed Experts in Divorce Cases
Davis v. Davis, Docket No. A-4739-14T4 (N.J. Super. App. Div. Oct. 28, 2016)
In this case, the parties appeal from six orders of the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County. Most of the orders are related to the payment of fees to an attorney appointed by the ...
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Violating a Restraining Order is an Independent Form of Domestic Violence
New Jersey – D.S. v. B.C.
In a case from Ocean County, D.S. v. B.C., Docket No. FV-15-82-17, the Superior Court of New Jersey found that violation of a no contact provision in a restraining order is its own independent act of domestic violence.
This means that if you violate a domestic violence ...
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