by rdiamond | Apr 9, 2020 | Domestic Violence, Family Law, New Jersey Family Law
In a recent NJ Appellate Court decision (J.F. v. L.F.), the Appellate Court reversed the trial court’s entry of a domestic violence final restraining order in favor of a son against his mother. Son filed a domestic violence complaint against his mother, claiming that...
by rdiamond | Apr 4, 2020 | Child Custody, Divorce
When parties separate and begin the process of implementing a parenting time plan, everything can either go well (rarely) or there can be a myriad of mistakes made. From a divorce lawyer’s perspective, how the parties handle those initial mistakes, sets in motion the...
by rdiamond | Aug 16, 2019 | Division Of Assets, Divorce, Equitable Distribution, New Jersey Family Law
In New Jersey, a spouse’s actual “dissipation” of marital property is a relevant factor to be considered when dividing the marital estate, pursuant to N.J.S.A §2A:34-23.1(i), which says: “The contribution of each party to the acquisition, dissipation, preservation,...
by rdiamond | Aug 16, 2019 | Division Of Assets, Equitable Distribution, Retirement Benefits
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...
by rdiamond | Aug 14, 2019 | Divorce, Firm News, New Jersey Family Law
The recent New Jersey Appellate Division decision in Holtham v. Lucas, 2019 N.J. Super. LEXIS 109 (App. Div. 2019), is important because it acknowledges the use and validity of “penalty provisions” in divorce and post-divorce agreements to ensure a party’s compliance...
by rdiamond | Aug 12, 2019 | Firm News
As a general rule, all assets acquired during the marriage are presumed to fall within the pot for equitable distribution in a divorce, but there are exceptions. One of those exceptions is the receipt of employment related stock options or restricted stock units,...
