Category Archives: Family Law Basics

New Jersey Premarital Agreements

Posted in Attorney Client Relationship, Family Law Basics, Marriage & Family, Property & Asset Distribution | |

Premarital agreements, also referred to as prenuptial or antenuptial agreements, can be a difficult topic of discussion among couples getting married, especially if one party is seeking the agreement. A prospective spouse opposed to the idea will typically view such agreements as an affront to the institution of marriage and the relationship as a whole. However, a properly drafted prenuptial agreement can save spouses a great deal of emotional and financial expense in the event of a divorce.

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Wiretapping and Divorce Law – Part II

Posted in Attorney Client Relationship, Divorce & Seperation, Family Law Basics | |

The Internet has revolutionized the way people communicate and share information and ideas. Today, electronic mail (e-mail) is perhaps the most commonly used method of cyber-communication. From offices to homes to libraries and corner cafes, use of cyber-communication and the Internet is a part of everyday life. In the world of matrimonial law, e-mail communications and chat room forums has sparked a growing phenomena known as “cyber-infidelity.” More and more spouses suspecting infidelity in a relationship are accessing home computers and retrieving its electronic files for evidence to validate their suspicions. E-mail communications have become a prime target and for good reason. Not only can a spouse access messages received and sent, but even deleted messages can be retrieved with the proper software or by a computer expert. This invariably raises questions about the legality of retrieving e-mail messages and the consequences of such actions.

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Pendente Lite Relief: Maintaining the Marital Status Quo

Posted in Divorce & Seperation, Family Law Basics, Property & Asset Distribution | |

The need for temporary spousal support during the pendency of a divorce action is very common. All to often, a dependent spouse, who has assumed responsibility for the children and marital home, is left shouldering the financial burden of childcare and household expenses with little or no assistance from the other spouse. In these situations, most courts will award a spouse temporary child support or alimony while the divorce is pending.

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Wiretapping and Divorce Law

Posted in Assets and Debts, Divorce & Seperation, Family Law Basics | |

Clients often ask me if secretly recording a spouse’s telephone conversations or accessing a spouse’s emails or text messages is against the law. I take a deep breath whenever I hear these questions because there is never a simple answer. The advancements in technology and the ease in which people communicate nowadays have resulted in a dramatic increase in incidents involving interspousal spying. In divorce cases, suspicion of infidelity usually serves as the impetus for clandestine monitoring of a spouse’s telephone calls, Internet activity, email transmissions and text messages. However, the act of intercepting the oral or electronic communications of a spouse may constitute a violation of both federal and state wiretapping statutes; statutes most clients are not aware of.

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Alternative Dispute Resolution Options for Divorce in New Jersey- Part IV: Arbitration

Posted in Alternate Roads in Family Law, Divorce & Seperation, Family Law Basics, Mediation and Collaboration in Family Law | |

Mediation and arbitration, whether in a divorce context or not, are often confused and for good reason. Both are similar in many ways. Like mediation, arbitration is a confidential, cost-effective and expeditious alternative to traditional divorce litigation and courts of law. It requires spouses to voluntarily submit their divorce matter to a neutral third party, an arbitrator, who ultimately renders a final ruling on settlement. As in mediation, parties, usually agree on the selection of an arbitrator, who may be a matrimonial lawyer or a former judge but, in any case, are experienced and familiar with the many nuances of matrimonial law. In situations where spouses cannot agree on an arbitrator, a judge, if it’s a lawsuit, will often select one from a list submitted by the parties. The cost of arbitration can be shared or divided by the parties. It is often recommended that this issue be resolved prior to arbitration. The similarities between mediation and arbitration, however, end there.

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Alternate Dispute Resolution Options for Divorce in New Jersey- Part III: Mediation

Posted in Alternate Roads in Family Law, Divorce & Seperation, Family Law Basics, Mediation and Collaboration in Family Law | |

Whenever I suggest mediation to my clients as an alternative to traditional divorce litigation, the suggestion is always met with the same response: “What is mediation?”

Well, divorce mediation is not a brand-new idea. It has been around for many years and has increasingly become the preferred alternative to the courts in settling divorce matters. It is important, therefore, for spouses contemplating divorce to become familiar with mediation, as well as other options for alternative dispute resolution.

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Alternate Dispute Resolution Options for Divorce in New Jersey – Part II: Early Settlement Panels

Posted in Alternate Roads in Family Law, Divorce & Seperation, Family Law Basics | |

Even in the most amicable of divorces, issues often arise which create disagreements between spouses, which invariably result in delays in the divorce process. The most common issue attributable to disputes and delays is the division of property and finances. At some point, usually early on in the process, spouses want to know who gets what and how much of it. These may seem like simple inquires, but settling on a fair and equitable distribution of property and finances can be a long, difficult and costly proposition.

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How Attorneys Choose Clients: My View

Posted in Attorney Client Relationship, Divorce & Seperation, Family Law Basics | |

My fellow Mac Lawyer, Ben Stevens, of the South Carolina Family Law Blog had a great post of original content on how attorneys choose clients.

I had a few thoughts and some questions for Ben.

First, unless I’m making a conscious decision to accept a matter pro bono, I make it a point to only take on clients where I am sure I’m going to get paid. This could be from funds that the client has (we often represent the “advantaged” spouse) or from funds that we get from the advantaged spouse to even the playing field. This isn’t a cold decision, but I have an obligation to provide for my family and I can’t, literally, afford to expend time and effort where there isn’t a reasonable assurance of getting paid for my effort.

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