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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The Barker Chronicles
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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The Presence of Mental Illness in a Parent is Alone Not Enough to Remove the Child from the Parent’s Care
New York – Matter of Gavin S., 2016 NY Slip Op51234(U)
In a recent case out of Kings County Family Court, the court examined a proceeding commenced by the Administration for Children’s Services (ACS) against a mother, Ms. S. who suffered from several mental illnesses including schizo-affective ...
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Relying on Estimated Values of Assets in a Pre-Nuptial Agreement is Fool-hardy
The New York Supreme court in Monroe County, New York recently decided a case involving, among other things, a dispute regarding whether the wife had any financial interest in the marital home. The husband purchased a house before the parties were married. The husband made the down payment on the ...
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New Jersey – Plan Ahead to Terminate or Modify Alimony after Retirement – But Not Too Far Ahead
In a recent case, the New Jersey Superior Court has ruled that if you are seeking to terminate or modify your obligation to pay alimony to your former spouse because you are planning to retire, you should only do so when the retirement is in the near future. The court suggested twelve to eighteen ...
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