Alimony New Appellate Division Decision on Cohabitation Addresses a Payor’s Prima Facie Burden

New Appellate Division Decision on Cohabitation Addresses a Payor’s Prima Facie Burden

When is a supported spouse’s proof of a mutually supportive intimate personal relationship with another person enough to overcome the first step in the process towards terminating alimony? In the recently issued unpublished (not precedential) decision of Goethals v. Goethals, the Appellate Division reversed a trial court’s decision finding that the payor failed to fulfill…

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Trial

Presenting Testimony Remotely at Trial

On January 23, 2020, the New Jersey Appellate Division issued a published decision in a matter with which I am involved as to when a person may appear at trial and present testimony by way of contemporaneous video transmission. This decision is the Appellate Division’s attempt to fill the void regarding a unique and evolving…

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Divorce First Consultation with a Divorce Lawyer

First Consultation with a Divorce Lawyer

Historically, January tends to be one of the busiest months of the year for a divorce lawyer.  Most clients have muddled through the holidays and go into the new year with a new perspective.  Sometimes that means making major life changes, like divorce. If you’re gearing up for your first conversation with a divorce lawyer,…

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DivorceFamily Law The Reality of a Marriage Story

The Reality of a Marriage Story

The entertainment industry is buzzing with Golden Globe nominations just being announced. One movie with a significant amount of nominations is Noah Baumbach’s Marriage Story. It has gotten rave reviews and has additionally been the talk of the matrimonial law community. **CAUTION – SPOILERS AHEAD** Without getting into too much detail (because it is worth…

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Uncategorized Preparing for Testimony in a FRO Hearing

Preparing for Testimony in a FRO Hearing

Most of what trial lawyers do is learned from a collection of other sources after law school ends and we are already in practice. Continuing education centered around trial advocacy is extremely helpful. Having the luxury of working for and with experienced advocates is invaluable. Often, simply walking into any courtroom on any given day…

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Child Abuse/NeglectChild CustodyDCPP

You’ve Received a Finding of “Not Established.” Now What?

When the Division of Child Protection and Permanency (DCPP) receives an allegation of abuse or neglect, they are mandated by law to investigate it. The investigation will end in one of four findings: Substantiated, Established, Not Established or Unfounded. “Established” and “Substantiated” are both considered findings of abuse or neglect and allow the accused party…

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Child CustodyFamily Law Appellate Division Addresses Custody and Parenting Time Related Sanctions and the Intrastate Relocation Standard in New Decision

Appellate Division Addresses Custody and Parenting Time Related Sanctions and the Intrastate Relocation Standard in New Decision

In a significant new decision, A.J. v. R.J., ___ N.J. Super. ___ (App. Div. 2019), the Appellate Division addressed both sanctions for violations of custody/parenting time Orders and confirmed that the interstate relocation standard established in Bisbing v. Bisbing must be applied to both interstate and intrastate relocation applications. Background The case stems from Plaintiff,…

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Divorce When Divorce Litigation Goes Federal

When Divorce Litigation Goes Federal

It is unusual for a matrimonial practitioner in the State of New Jersey to comment on a Federal Court decision or any other decision which does not arise directly from the Family Part of the Superior Court of New Jersey.  It is even more unusual to comment on a decision from the United States Court…

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Uncategorized Robert Epstein to Speak at Hot Tips Event

Robert Epstein to Speak at Hot Tips Event

Every year, attorneys from across New Jersey gather for the New Jersey State Bar Association’s Hot Tips in Family Law event. Throughout the program, leading matrimonial lawyers give fast-paced advice on pertinent legal issues. This year, Bobby is speaking about legal ethics and attorney misconduct. MISCONDUCT UNDER RULE OF PROFESSIONAL CONDUCT 8.4 In the highly…

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