Articles

Establishing a case of “cohabitation” What happens when an ex-spouse is paying alimony to a former spouse, and at some point, the former spouse becomes involved with a new partner, paramour or romantic relationship? Can the “payor” spouse seek to terminate his/her obligation based on the former spouse’s new relationship? Or is the new relationship nothing more than a casual […] Wednesday, March 15th, 2023 Alimony cases in the State of New Jersey In what could affect thousands of alimony cases in the State of New Jersey, Richard A. Nocks has filed an appeal with the Superior Court of New Jersey, Appellate Division, in a post-judgment matrimonial matter. On behalf of an ex-husband who has been paying alimony for 13 years, Mr. Nocks has appealed certain provisions of […] Wednesday, December 27th, 2017 New Legislation for Adoptees Currently, in New Jersey adoptees who want to find out more about their biological lineage can access only “non-identifying information” about their births without first getting a court order. That is because we’ve had a sealed adoption records policy since 1940. Unfortunately, there are cases where adoptees with genetic or other medical problems need to […] Monday, May 26th, 2014 Multi-State Jurisdiction We occasionally encounter problems when one spouse moves out of New Jersey to another State. Afterwards, custody or parenting time disputes arise and now there’s a question as to which State court gets to decide the matter. To answer this question, we look to the sweeping statute known as the Uniform Child Custody Jurisdiction and Enforcement […] Sunday, May 11th, 2014 Juvenile Justice Juvenile delinquency cases are handled through the Family court, not the regular Criminal Court. This is because the goal is divert a juvenile from following a life of crime. They are at an age where there is still time to prevent them from going down the wrong path and ensure they can lead normal lives […] Saturday, May 3rd, 2014 “Conscious uncoupling”? Leave it to Hollywood to make up a euphuism about relationships that go south and cause a great deal of heartbreak for people. While “conscious uncoupling” can refer to a divorce, the break up of a same-sex marriage or relationship, or the split up of a non-married couple, it is no less of a divorce. Same issues. It is […] Thursday, April 3rd, 2014 Assets purchased by non-married couples You don’t have to be married to your “significant other” in order to purchase assets, such as real estate. Oftentimes, people buy things with their significant other even though they are not married. So when they end their relationship, these assets need to be divided. However, they are not divided by the Family Court. Rather, if the […] Sunday, January 19th, 2014 Custody dispute evaluations Currently, we use three main assessments or evaluation tools to assist in solving custody issues. First, and at the most basic level, courts use a Custody Neutral Assessment (“CNA”). However, this is not a true custody evaluation and is not designed to offer a specific custody recommendation. Rather, it is a diagnostic screening tool used […] Thursday, January 2nd, 2014 The importance of an accurate Case Information Statement I cannot understate how important it is in a divorce, especially when there are significant marital assets and liabilities, to complete an accurate Case Information Statement, or “C.I.S.” The C.I.S. is at the heart of the case because it alerts the attorneys, the judges, the settlement panelists and economic mediators all about your economic life. We […] Tuesday, December 24th, 2013 Does a new spouse have any financial responsibility to their stepchildren? Back in 1998, our Appellate Court in Hudson v. Hudson held that a current spouse has no obligation to support someone else’s child subject to the reality that the current spouse may provide economic resources to the household, excluding from a parent’s gross income “income from other household members” including a current spouse who is […] Monday, December 9th, 2013