By: Richard Diamond, Esq.; and Jonathan Diamond, Esq. What if the primary custodial parent decides he/she wants to move out of New Jersey with the child, but the other parent objects? As a result, the primary custodial parent then files a “relocation application” with the Court, seeking the Court’s permission to move out of New […]

Innocent Spouse Protection for Joint Tax Filings In most settings, a married couple who file their income tax returns jointly will have less of a tax liability than if they file separately. However, the catch to filing joint income tax returns is that both spouses are liable to the government for additional taxes, penalties, and […]

According to the dictionary, the word “final” means “not to be altered or undone”. Similarly, when a judge enters a final restraining order under the domestic violence laws of New Jersey, its final and the protections remain in place forever. That is, unless the defendant files an application with the Court at a later date […]

Every day, grandparents are enlisted to help care for their young grandchildren while the parents are at work. Often, grandparents end up caring for their young grandchildren for most (if not the entirety) of the time the parents are working. For most grandparents, it’s a pleasure and the best job in the world to help […]

For most people, preparing a living will and durable power of attorney are on the list of “Things to Do” but too often, people procrastinate on scheduling a meeting with an estate planning lawyer, fearing that the cost to prepare these documents will be too expensive or thinking that they have plenty of time to […]

Over my 37-year career as a divorce & family law attorney, I have regularly appeared before the New Jersey family courts, representing both victims of domestic violence and those accused of having committed domestic violence. Unfortunately, most people do not know what constitutes domestic violence and think that it requires a physical assault or the […]

New Jersey’s divorce statute N.J.S.A. 2A:34-2 sets out the fault & no-fault grounds for filing a complaint for divorce in New Jersey. Despite being a “no-fault” divorce state, a divorce in New Jersey can still be filed on fault grounds. And, yes, there are still reasons why someone may decide to file for divorce on […]

On April 21, 2022, New Jersey dispensaries began selling cannabis for recreational purposes. While “weed” is legal in New Jersey recreationally, it is still illegal to drive while “stoned” – which begs the question, how does a police officer determine if a driver is operating a vehicle while impaired from “weed” consumption? Unlike the 0.08 […]

One shortcoming of the family law system in the division of marital assets is that all assets that fit within the “pot” for equitable distribution in the event of a divorce are assigned a fixed value and treated equally (including retirement assets and current assets). Retirement savings are some of the largest assets subject to […]