Monthly Archives: May 2015

The number of divorces is increasing! Well, that’s good news to those economists who see the increase in the number of divorces as evidence of an improving economy. Since the 2008 economic crises and the Great Recession many couples simply could not afford … Read More…

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Equitable Is Not Equal In a recent trial court decision the ruling reinforced the principle that marital assets need not be distributed on a 50/50 basis to the divorcing couple. The court in distributing marital assets must determine on an asset-by-asset basis what … Read More…

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Look Before You Leap Collaborative Divorce is a wonderful alternative to traditional litigation but it’s not for everyone. Before making a commitment to proceed through the Collaborative Divorce process, parties should understand how the process works. Entering the Collaborative Divorce process with realistic … Read More…

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There are some ideas and principles in matrimonial and family law that seem to be tested over and over again only to be confirmed time and time again. For example, if you try to interfere with the relationship between your child and the … Read More…

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How Extraordinary! Extraordinary circumstances can warrant placement of a child with a non-parent even though a biological parent has a superior right to custody in litigation between a parent and a non-parent. Extraordinary circumstances may be found when a parent relinquishes his or … Read More…

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Several recent cases have addressed the overlapping questions of modification to an existing custody and visitation order and the relocation of a parent. The courts have consistently held that modification of an existing custodial arrangement is possible upon a showing of a change … Read More…

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To rescind a separation agreement on the ground of overreaching, a plaintiff must demonstrate both overreaching and unfairness but actual fraud need not be shown. So, it is possible to “take back” a separation agreement but it is not an easy task. The … Read More…

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Even in the most contentious and acrimonious circumstances, divorcing and divorced parents and their children may nevertheless benefit from utilizing the services of a parenting coordinator. A parenting coordinator may be either a mental health professional or an attorney who has the requisite … Read More…

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In Taylor v. Taylor, the court held that even in a marriage of long duration, equitable distribution need not be equal distribution on a 50/50 basis. The court found that the economic partnership marriage creates generally was not, in fact, present in this … Read More…

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